DWP Debt Management

[Wendy85]

Hi I was hoping someone might be able to give me some advise. My husband has been sent a letter from DWP debt management department saying he owes them £92.25 and that he has two weeks to pay it off. When he called them to find out what this was for he was told it was for a crisis loan he had to take out 8 years ago when he was made homeless.

I understand that debt which is old (after 6 years) become Statue barred (think that's how you spell it). I advised him to tell the lady this on the phone as he hasn't had any calls or letters until today from them and after 8 years this is ridiculous. She told him that it didn't matter that it was older than 6 years because it was tax payers money. He had to clear the balance other wise a bailiff would be instructed and it would go to court.

I realize that he could pay this off in two smaller payments but i'm reluctant to let him as it's been 8 years, if they were so worried about the tax payers money why haven't they written to him before as he has been fully employed since 2007, paying tax (his crisis was in 2006).

If anyone could advise on if the debt is unenforceable in court it would be appreciated.

Thanks

Wendy85

[enaid]

Re: DWP Debt Management

DWP debts do not become statute barred as such, they have 6 years to pursue the debt through the courts and then after that they can and will take anything you owe them through future benefits including your pension.

[wales01man]

Re: DWP Debt Management

If its not paid and it goes to court there is every chance with court and bailiff fees the debt will rise of course the decision is yours.

[Wendy85]

Re: DWP Debt Management

DWP debts do not become statute barred as such, they have 6 years to pursue the debt through the courts and then after that they can and will take anything you owe them through future benefits including your pension.

Hi, Thanks for this, you have said that they have 6 years to pursue the debt, its been nearly 8. There has been no contact at all until now. Can they still demand it after all that time?

[enaid]

Re: DWP Debt Management

Yes as I said, not through the courts but through future benefits if need be.

[bluebottle]

Re: DWP Debt Management

It would do no harm to write and ask why it has taken them eight years to contact your husband as regards repayment of the Crisis Loan. As a public authority, they are required to deal with a person's affairs in "a timely manner". Eight years is not exactly a timely manner. DWP needs to explain why they have taken so long to deal with this matter.

[CleverClogs]

Re: DWP Debt Management

He had to clear the balance other wise a bailiff would be instructed and it would go to court.

And in that order?

[enquirer]

Re: DWP Debt Management

My husband has been sent a letter from DWP debt management department saying he owes them £92.25 and that he has two weeks to pay it off. [....] She told him that it didn't matter that it was older than 6 years because it was tax payers money. He had to clear the balance other wise a bailiff would be instructed and it would go to court.

As CleverClogs points out, they cannot instruct a bailiff before going to court. They can instruct a Debt Collector (basically, just a thug), but this will have no legal force.

Demanding payment within 14 days is unreasonable (doubly so, given that it has taken them 8 years to do so). Does the letter contain any threat of legal action? (is it such as to be a 'Letter before action'?).

As Bluebottle suggests, you might care to kick this back at them. There is a fair chance that once they realise how bad they will look in court (and that you intend to complain about their conduct), they will drop it. The danger is that they will avoid they court route, and simply take the money via other means.

Do not contact them again by telephone, or by email. All contact in writing.

[Inca]

Re: DWP Debt Management

DWP is trawling through 30 years (give or take) of claims etc.
As stated,,don't ring them,,write and put it in dispute.......
They are making mistakes (sent me a bill for WTC that I never claimed or received)

[CleverClogs]

Re: DWP Debt Management

DWP is trawling through 30 years (give or take) of claims etc.

The "government" has a choice - they can crack down on tax-dodging bankers and multinational companies who might go elsewhere, or on those the Tory right has determined are sponging off hard-working, decent tax payers - but only those who get "welfare hand-outs" rather than those toffs who got grants for moat cleaning, duck houses, their own underwear (link) or taxi fares to travel a few hundred yards.

[bluebottle]

Re: DWP Debt Management

The "government" has a choice - they can crack down on tax-dodging bankers and multinational companies who might go elsewhere, or on those the Tory right has determined are sponging off hard-working, decent tax payers - but only those who get "welfare hand-outs" rather than those toffs who got grants for moat cleaning, duck houses, their own underwear (link) or taxi fares to travel a few hundred yards.

Reminds one of the pigs in Animal Farm, doesn't it, Cloggy?

[bluebottle]

Re: DWP Debt Management

As CleverClogs points out, they cannot instruct a bailiff before going to court. They can instruct a Debt Collector (basically, just a thug), but this will have no legal force, as they are easily-removed with the toe of one's boot.

Demanding payment within 14 days is unreasonable (doubly so, given that it has taken them 8 years to do so). Does the letter contain any threat of legal action? (is it such as to be a 'Letter before action'?).

As Bluebottle suggests, you might care to kick this back at them. There is a fair chance that once they realise how bad they will look in court (and that you intend to complain about their conduct) as well as being asked why it has taken them eight years to get in touch, they will drop it. The danger is that they will avoid they court route, and simply take them money via other means.

Do not contact them again by telephone, or by email. All contact in writing.

IFYPFY

[enquirer]

Re: DWP Debt Management

The "government" has a choice - they can crack down on tax-dodging bankers and multinational companies who might go elsewhere, or on those the Tory right has determined are sponging off hard-working, decent tax payers - but only those who get "welfare hand-outs" rather than those toffs who got grants for moat cleaning, duck houses, their own underwear or taxi fares to travel a few hundred yards.

Foreign wars don't come cheap, either.