ccs collectand dwp

[gratix]

iam a newby to this forum,since the 12/12/014, ihave recieved 3letters from ccsthreatening me with all kind of actions over a alleged debt of £1196.27from 1993 , ihave been in touch with the dwp about this debt about 3years ago .and ihave told them the info their have supplied is not good enough for me to pay so iam still in dispute, this latest firm of cowboys are about the third firm to threten me with court action.As far as iam concerned there is no law in the land says ihave to answer their letters, what iwant toknow is do icarry on in this way and just ignore them, or is there a different way of dealing with these cowboys.please give me some advice.

[nemesis45]

Re: ccs collectand dwp

Hi. The DWP has been charged with collection overpayments of benefits, delinquent social und loans etc., however old the debt
may be by using private sector partners such as the debt collection agencies, which work for and are regulated by the DWP.

A debt this age is Statute Barred unless in the past you have admitted and liability in writing the is a BIG BUT to this in that the DWP is by law allowed to pursue such debts literally for ever, the department can deduct payments from current and future benefits including state pension and can do so without notice.
The one thing you can be sure of is that it wont go away.
You could try an appeal but that I'm afraid fails on time elapsed.
You could make a Subject Access Request under the DPA 1998 for all the data the DWP holds on you, the DWP does not require the £10 statutory fee, and has 40 days to comply with the SAR, drawback this may unearth proof of liability.

nem

[gratix]

Re: ccs collectand dwp

thankyoufor your reply, but do i have any legal obligation to answer any of these letters sent by ccs collect?

[nemesis45]

Re: ccs collectand dwp

You don't have to answer, if you don't this may be passed back to the DWP which will look for alternative methods of collection an attachment of earnings order or deductions from future benefits.
Was is this loan debt/over payment?

nem

[gratix]

ccs collectand dwp

in the past month ihave recieved 2 letters from a scum bag firm about a debt from 1993 about a overpayment, the first one said their threatened to take me to court on the 13 of march, which passed with no action , then on the 23of march their phoned me ,but igave them sort shrift,this morning on the 24 march irecieved aletter from ccs informing me their are giving me 72 hours notice of ahome visit ,are their allowed to do this, any advice would be greatly recieved, asfor the debt to dwp their said it would be deducted friom my pension when iretire in 3years time which is fine by me but ihave no intention of paying ccs anything iam just worried about the home visit and if their are allowed to do this.

[Kati]

Re: ccs collectand dwp

I believe ccs collect are a debt collection agency not actual bailiffs (although soneone can correct me if I'm wrong), which would mean they have no powers to enter your property or enforce the debt. That being said, however, a dwp/hmrc debt will not become statute barred (see here - http://www.legislation.gov.uk/uksi/2...lation/11/made) IMO it would be a good idea to contact hmrc and arrange repayments with them (not ccs collect).
I have moved your thread to the bailiff forum where I'm sure you will get other answers from our knowledgeable Beagles before long

K x


EDIT - It seems a dwp overpayment cannot be enforced through the courts after the 6yrs (limitation act) has passed, although they can still chase for repayments through other means. https://www.nationaldebtline.org/EW/.../Page-04.aspx#

Benefit overpayments and social fund loans

The Limitation Act says that the limitation period for benefit overpayments and social fund loans is six years.

The cause of action (when the limitation period starts running) for benefit overpayments, is when a final decision is made on the overpayment. This is most likely to be a final decision by a council, the Department for Work and Pensions (DWP) or a tribunal.

For social fund loans, the cause of action is when the loan becomes due for repayment.

recovering overpaid benefits through the County Court

To recover overpaid benefits, the DWP and local authorities can use the normal County Court route. There is also a fast-track process of registering the debt in the County Court, as if it were payable under a count -court order. If this happens, contact us for advice.

If the council or DWP tries to issue a county court claim against you for an overpayment of benefit, and you think it is statute-barred, you can put in a defence.

However, if you are getting ongoing benefits, the DWP or council can take money directly from your benefit to repay overpayments. The rules can be complicated.

[Kati]

Re: ccs collectand dwp

More info on DCAs 'powers' - http://www.stepchange.org/Debtinform...omevisits.aspx

Home visits

Debt collectors can call at your home in person, but it’s not common as home visits are expensive for the creditor.
It’s important to remember that debt collectors who call at your home aren’t sheriff officers or bailiffs and they have no legal powers.



Your creditor might threaten to send a debt collector to your home, but they usually say this to try and pressure you into making extra payments. It’s unlikely that one will actually call at your home as it’s cheaper for creditors to send you letters and phone you.

Debt collector’s powers

If a debt collector does come to your home, you don’t have to open the door to them or speak to them if you don’t want to. A debt collector should always carry photo ID, and you should ask to see this before speaking to them.
A debt collector can’t:

• Enter your house or take any goods
• Discuss your account with anyone else in your house or with your neighbours
• Act in a threatening or intimidating way
• Refuse to leave if you ask them to

[gratix]

Re: ccs collectand dwp

thankyou kati for your reply, and what the dcs can and dont do ,this has put my mind at rest, the actual debt is from 1993 and uptil 1998 iwas paying it back out of my benefits then in 1998 imoved to take employment, and over the years forgot all about this predicament ,never heard a thing about it till 2009, and over this last 6 years orso thedebt has been through 4 dcs agencies, but ccs has been the most persistant about 3years ago igot in touch with dwp and all their said is the next time i sign on or retire their will deduct fom benefits soi left things asit was, iknow i will have to pay this money back but any dcs have no chance of getting a penny .

[Kati]

Re: ccs collectand dwp

Your choices now (as far as I can see) are:
1, Ignore the dca - if they come to your house you are well within your rights to tell them to leave (and can call the police to escort them off your property if they refuse )
2, Contact these 'people' and inform them that you will not deal with them at all iin regards this matter (and then wait until they pass it back to the DWP).
3, Contact the DWP and insist they recall this debt. Keep everything in writing and get proof of postage etc... (a paper trail is always good)! Remind the DWP about their previous assertations (i.e: them saying that they would chase repayments if (when) you made a new benefits claim.
4, Arrange an affordable repayment plan with the DWP (not the dca's)

K x

[gratix]

Re: ccs collectand dwp

thankyoufor the advice i will do this .

[nemesis45]

Re: ccs collectand dwp

All the DCA's employed by the DWP ( known as private sector partners) work under a fully audited mandate from the DWP, the letters sent are " approved" templates basically, these partners do not have the power to issue court claims.

The DCA's are signatories to the Official Secrets Act (s) in the same way a civil servants.

If there is any " threat" that one of these agencies is considering court action it should be reported to DWP debt management, the DCA's have no mandate to start any action.

(source Lord David Freud Minister for Welfare Reform @ DWP.

nem

[gratix]

Re: ccs collectand dwp

thanks for this advice ,is there a tempiatwe letter ican send to the dca, anyway iwill get in touch with both agencies, at least my mind is at rest due to youradvice.

[nemesis45]

Re: ccs collectand dwp

All the DCA's must defer all action to the DWP.

You can right to DWP Debt Management and state you will not deal with their " Private Sector Partner" in regard to any alleged debt as you feel that their approach is threatening/unreasonable or any other complaint.

nem