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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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i have recieved a bill this morning from a govenment agency

Customer Question

i have recieved a bill this morning from a govenment agency for £64 . i phoned them up and debt is from a crisis loan that i riecieved in 1994 i did riecieve simalar letter 4 years ago and after some negotiations i paid a simalar amount when speaking to them this morning i was informed i paid the court cost back 4 years ago but not origanal debt. I asked why it wasnt settled in full 4 years ago and could not get a proper defined answer. The agency is the work and pensions agency. my question is is this debt legally recoverable at this time?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Was the original payment made in full and final settlement please?
Customer: replied 3 years ago.

I believed that when i paid 4 years ago that was end of matter

Expert:  Jo C. replied 3 years ago.
Ok.

But did you use the words full and final settlement?
Customer: replied 3 years ago.

In all honesty cant remember. I origanly riecived a crisis loan off of social security back in 1994 i was out of work at time and a giro sent to me went missing this is reason for loan. it was not repaid becouse origanal money i should have riecieved for giro was never paid to me and the next i knew was whe i got letter 4 years ago regarding this matter

Expert:  Jo C. replied 3 years ago.
Ok. Thanks.

Its quite unlikely that you did and if you did they would not have accepted it. The DWP tend not to be open to negotiation.

Unfortunately the DWP loans and monies are not subject to the Limitation Act 1980 because they are not contracts but benefit payments. That will mean that it doesn't matter how long ago the loan was except, of course, the older a loan the harder it is to prove that it existed generally or that it is due.

If you are not on benefits now then they cannot just reclaim from your benefits and there is no suggestion of fraud on your part so they cannot prosecute. The worst that will happen is that they will sue and then you will be able to ask them to prove what they allege.

You are right to ask for proof. There;s no harm in asking for vision of confirmation that you do owe this money. They may or may not be able to provide it. If they cannot then invite them to sue and it might all disappear.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

last question they have said they have 3 options open to them 1 to claim back thro my emplerer (im self employed )XXXXX. or 3 pas it on to debt collection agency . im prepeared to have them sue me but not to happy about having ballifs turn up on my door step is this a possibillity?

Expert:  Jo C. replied 3 years ago.
Not without a CCJ which they can only get at court.

All debt collectors can do is hassle you with letters and phone calls.

They can only use bailiffs with a CCJ.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/