ccs collect

[peaboat]

hi ccs are chasing me for a debt to dwp and i have sent a prove the debt letter they have replied and the debts are 10 years and 12 years old do i now send them a statuate barred letter. thank you.

[PAWS]

Re: ccs collect

It is not a question of how old the debt is but how long since you last acknowledged it. If you have not paid anything or admitted the debt in any way for more than 6 years then I think you should send the statute barred letter! Hell yea! One of the experts should give you a more informed answer.

[FlamingParrot]

Re: ccs collect

hi ccs are chasing me for a debt to dwp and i have sent a prove the debt letter they have replied and the debts are 10 years and 12 years old do i now send them a statuate barred letter. thank you.

It is not a question of how old the debt is but how long since you last acknowledged it. If you have not paid anything or admitted the debt in any way for more than 6 years then I think you should send the statute barred letter! Hell yea! One of the experts should give you a more informed answer.

I can only assume that, if the debt is to the DWP, then it would have been a benefits overpayment and there would have been no payment or acknowledgement due to the nature of the debt. Although DWP debts do go SBd making them irrecoverable through the courts, they can still be recovered through deductions from benefits claimed.

[PAWS]

Re: ccs collect

OOPS, MY BAD! I was too keen and did not realise it was the department of work and pensions –sorry.:embarassed:

[Nibbler]

Re: ccs collect

I can only assume that, if the debt is to the DWP, then it would have been a benefits overpayment and there would have been no payment or acknowledgement due to the nature of the debt. Although DWP debts do go SBd making them irrecoverable through the courts, they can still be recovered through deductions from benefits claimed.

They also now have the option of a:

Direct Earnings Attachment

https://www.gov.uk/government/upload...-employers.pdf

As that doesn't require going to court, it can be used to recover statute barred debts from your wages.

[Nibbler]

Re: ccs collect

Also no idea if this stio applies given the latest emphasis on recovering these, but have seen it said back in 2013 that:

According to CAB:

DWP guidance for decision makers states that recovery of a debt should be abandoned and the balance written off where the debt is:-

•under £25; or
•under £100 and at least six years have elapsed since the last repayment or deduction took place; or
•under £300 and at least ten years have elapsed since the last repayment or deduction took place; or
•over £300 and at least 20 years have elapsed since the last repayment or recovery took place.

[Nibbler]

Re: ccs collect

All that doesn't mean you can't tell the debt collector to get stuffed as it's statute barred though. You just can't say quite the same to DWP themselves, although you may be able to challenge the debt depending on what is was and how it accrued.

[FlamingParrot]

Re: ccs collect

As we are dealing with the government rather than private debt, it's a lot harder to use SBd, however, the government does use the services of DCAs and this is where things get interesting as they don't have any special privileges as the government departments do.

I was being chased for alleged tax credits overpayment since 2012, HMRC passed it on to a number of DCAs, I wrote to HMRC asking for a breakdwon to show how they calculated the figure, they could never come up with anything. I told some of the DCAs about my complaint, then I just ignored their calls and txts, I've not heard anything for nearly a year now and even though the tax credits were linked to my having received money from DWP in 2009 DWP doesn't seem to be aware of the alleged overpayment due to HMRC having passed it on to a DCA if that makes any sense.

[nemesis45]

Re: ccs collect

The DWP can be recovered from current benefits and future benefits including state pension/pension credit.
nem

[Nibbler]

Re: ccs collect

they can still be recovered through deductions from benefits claimed.

Indeed they can.