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| The independent answer to your debt problems | login join |
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Harassed2much
| 20-01-2012 06:19 PM |
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Joined: 19 Jan 2012 Posts: 7 | Hi I have a DWP debt that is time barred by statute ... I have already sent similar letters to Spiritualone's to the DWP but after 30 years they are still Harassing me ... Have tried Trading Standards and Local Government Ombudsman without any results. Trading Standards could not help, Local Government Ombudsman could not help ... and have now been told to take it up with my MP ...talk about pass the buck ... so far no solution to the harassment from the DWP ... They now say if I don't pay or make arrangement to pay they will pass my debt onto a collection agency on the 25 Jan 2012. I think the statute bar would still apply to whoever they pass the debt on to so what is the point of their threats? I can't find the relevant page at the OFT to complain about the harassment it's like it's just not there ... so no luck with OFT. Please help as this is very distressing to me and I am getting into a depression that is affecting my work, any ideas what I should do next? Thanks Harassed2much |
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Harassed2much
| 23-01-2012 01:05 PM |
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Joined: 19 Jan 2012 Posts: 7 | Due to the lack of response from Debt Watchdog I have written this letter that I must post today 23 Jan 2012 to meet their deadline ............................................................................................................. You know and I know that this so called debt is “time barred by statute” and not collectable through the courts. Should you attempt to pass this debt to an external debt collector, I hope you tell them that this so called debt is time barred by statute so they don’t waste their time with futile letters asking me for payment which I will not be paying. I would point out that they are bound by the guidelines issued by the Office of Fair Trading. The OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period" which is the case. Furthermore that the OFT Debt Collection Guidance states that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970" and the Consumer Protection from Unfair Trading Regulations. Attempting to collect these debts via an external collector will result in that collector being reported to the OFT and trading standards, and the accounts returned to yourselves. As you pointed out in your letter the DWP can take payment from any benefits I receive in the future including from my state pension, I will be retiring in just over six years and no doubt you will then deduct payments, until then I would ask that no further contact be made requesting payment concerning the above. ............................................................................................................. Maybe it will do the trick! |
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Justin
| 13-02-2012 10:19 PM |
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Joined: 13 Feb 2012 Posts: 1 | Can you please tell me how you got on with your problem? I received a similar letter from DWP regarding oustanding 'court costs' from 1998. First off I know nothing about any court case or such. Secondly, I've never moved home and they have never witten to me about this. When I speak to them they quoted that I must pay the outstanding amount and a decree was issued against me back in 1998 at the Sheriff court! I haven't even had a chance to explain or defend myself but just given a bill to pay. I have written to them but they replied basically saying I owe them court costs and I must pay, they add that I didnt pay back a social fund loan in time and that's why they took me to court (first I heard of it)! I quoted the 'Prescription and Limitation (Scotland) Act 1973' but they are ignoring this and stating it doesnt apply to a government department and doesnt apply to social fund loans, I quickly pointed out that its not a loan they are chasing me for, but in fact court costs, she just brushed this off. Can someone please advise on what I should do? What are my rights? Thanks |
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Harassed2much
| 15-02-2012 04:33 AM |
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Joined: 19 Jan 2012 Posts: 7 | As of today 14th feb 2012 they have not replied to my letter and I have not been contacted by any Debt Collectors either by phone or post ... so maybe it has done the trick ... if not I will post anything that they send me ... |
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Harassed2much
| 15-02-2012 04:38 AM |
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Joined: 19 Jan 2012 Posts: 7 | Oh and Justin check out spiritualone's posts you can search him on this site .. I took my inspiration from reading his posts about a similar problem ... good luck |
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EvilVonBek
| 27-02-2012 02:13 PM |
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Joined: 27 Feb 2012 Posts: 2 | here's the problem you're gonna have. DWP debts are goverment debts and like anything to do with the HMRC they are exempt bty law from the limitations act. no goverment debt, be it tax man or DWP, is ever statute barred and all the time between you writing and no reply is down to an average 28 day processing time on most mail unconnected with an urgent matter. and since they have forever to pursue this, you aint urgent |
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EvilVonBek
| 27-02-2012 02:21 PM |
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Joined: 27 Feb 2012 Posts: 2 | good news and bad news justin. as i stated in last post there is no statute bar on any goverment debt... good news, if you never recieved notice of intent to pursue ( the letter asking geeze cash or court ) or the court summons you should be able to argue that you are not due to pay the court costs as "Had you properly contacted me about the unpaid loan and the court proceeding and ensured I knew of both, I would have happily either arranged to pay in full or in installments the unpaid sum from the Social Fund loan before the need or time for court proceedings." basically you can say that yes, you don't dispute the loan or the need to repay it but you dispute being hit for costs over that for something they never properly informed you of. statute only applies to credit agreements, DWP repayments and Tax monies both come under something called Garnishment ( it's the reason you sign the paper that say it will be deducted from your benefits, it's because they are not asking you to voluntarily repay it.. they're taking it at source with your agreement ) and are not affected by the Limitations act in any way at all |
