DWP and now debt agency harrasing over staturred barred debt

eyeopener2

I've seen a few of these threads. Isn't it the case that the debts can be statute barred but they can recover from future benefits, including retirement pension, as they don't need go to court for that.

What about the parliamentary ombudsmen route?

fatbelly

eyeopener2 wrote: »

I've seen a few of these threads. Isn't it the case that the debts can be statute barred but they can recover from future benefits, including retirement pension, as they don't need go to court for that.

Yes. And for the past 12 months they have been able to get a Direct Earnings Attachment, without a court order, if the person works.

There's a loophole if you are employed by someone with less than ten employees.

There are write-off provisions, but those only apply where the debt cannot be enforced by any means.

Nebulous2

The DWP may not be answerable to the Ombudsman, but the DCA will be. Complain to them and report them for harrassing and threatening you over a statute barred debt.

lynz68

Please remember all statute barred means is they can't commence court action but can still seek payment. For most DCA that is the end of the road but as DWP have other ways of recouping outstanding debts without the need for Court action they may operate differently.

I would certainly continue to seek clarity on what is actually outstanding.

des123

IThe debt is passed on from DWP to this debt agency should I be dealing with DWP or the dca?.

sourcrates

des123 wrote: »

IThe debt is passed on from DWP to this debt agency should I be dealing with DWP or the dca?.

If you are not in receipt of any other benefits at the moment, then the DWP cant claw the money back from you, except with the attachment of earnings order, basically you can ignore the DCA, just deal directly with the DWP, I suspect you will need to come to some kind of arrangement with them as regards this matter, I doubt it will go away seen as its a government dept, the DCA are only "acting for there client" and can only act on the wishes of the DWP, if they were to take you to court for this, your defence would be SB, that is unlikely however, I think they may look to get the money from you by other methods mentioned previously, I would suggest talking to them.

matttye

If they keep threatening court action but not actually proceeding, it seems like they're just making idle threats. Why dont you just invite them to start proceedings as you're not willing to repay an alleged debt that they have, so far, not provided any evidence of.

Tell them you don't acknowledge the debt, no payment is forthcoming and invite them to start proceedings. Tell them you will be ignoring any further correspondence until you receive a claim from the court.

Basically you'd be telling them to put their money where their mouth is or sod off. Then stick to your word and don't enter any further correspondence with them.

I appreciate the DWP may have other means of recovering the money but they're clearly not using them. They're threatening court action and it seems like the debt is not enforceable in court.

Even the government shouldn't be above the law - if you ask for proof of the debt they should provide it. It's what any reasonable company or body would do.

beddysash

Hello


I wonder if anyone can advise me......


In Feb 2011 I received a letter from DWP stating I was overpaid benefit in 2001. I9 had received nothing until 2011 on this so called Debt.


The letter I received in 2011 was in my maiden name and the DWP was demanding £281.81 or the collection agency would be after me..


I sent back to them a template letter stating the so called debt was Statue Barred. They wrote back stating "Yes it was, however they can still recover the debt from any benefits I claim and so on".


They have sent this debt to collection agencies, and I just send to the agencies the debt is barred and they reply that they are taking no further action.


I have now received a letter from my employer stating the DWP are asking if I work for the company.... #


Question: - Can they take from my earnings? The Debt is barred??


Please can some one advise me, Should I be complaining to someone if they can not do this with my earnings?


Tracy

sourcrates

beddysash wrote: »

Hello


I wonder if anyone can advise me......


In Feb 2011 I received a letter from DWP stating I was overpaid benefit in 2001. I9 had received nothing until 2011 on this so called Debt.


The letter I received in 2011 was in my maiden name and the DWP was demanding £281.81 or the collection agency would be after me..


I sent back to them a template letter stating the so called debt was Statue Barred. They wrote back stating "Yes it was, however they can still recover the debt from any benefits I claim and so on".


They have sent this debt to collection agencies, and I just send to the agencies the debt is barred and they reply that they are taking no further action.


I have now received a letter from my employer stating the DWP are asking if I work for the company.... #


Question: - Can they take from my earnings? The Debt is barred??


Please can some one advise me, Should I be complaining to someone if they can not do this with my earnings?


Tracy

Hi,


If you go to the DWP or . gov website, and look at there pages regarding benefit overpayments it lists what they can and cant do, the debt maybe statute barred in law, but as its a government dept. they can claw it back from future benefits, you will find they can do this for a period not exceeding 20 years, whether they can take directly from your earnings or not I don't know, look on there website.

thewhiteavenger

They're looking at a Direct Earnings Attachment


https://www.gov.uk/make-benefit-debt-deductions/overview