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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I just got a letter from a debt collectors saying they client

Resolved Question:

I just got a letter from a debt collectors saying they client department for work and pensions authorised them to collect money the problem is if this is the same debts it has been since 1992. I was paying when i was on benifits I told them when i stop getting benifits I have not heard anything from them until now
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you saying that you have not paid any money or otherwise acknowledged this debt for more than 6 years?

Customer:

I was paying from 1992 I believe

taratill :

What is the debt in relation to?

Customer:

From 1992 I was paying but I when I stop claiming benefit I told but no one got intouch with me until Saturday

Customer:

In 1990 I took on a part time job I went to the job centre at the time and told them that I have a job working for 2 evenings a week they said they cannot help me as they cannot do nothing so i took the job it was for about 6 month

taratill :

So is the debt connected with overpaid benefits?

Customer:

I had already finish the job when after about a year they said I got an over payment because I was working. I went and see them about it they said I have to pay it back I was then I got a job and told them but no one got back to me

Customer:

After all this years am I still liable for this

Customer:

These people are treating me with court actions

taratill :

when was the first time you were told about the overpayment?

Customer:

I have not heard from the departments of work and pension from about years not sure all this happen not sure all i know I have never heard from them since the 1994 not sure

taratill :

Ok I think that the DWP cannot collect this debt on the basis of the fact that the Limitation Act Applies to protect you from debts more than 6 years in age being collected.

taratill :

I would suggest you write to the debt collector to say that the Limitation Act applies and that they are statute barred from trying to recover this money and that if they continue to do so you believe that it constitues harassment.

taratill :

The DWP has only 6 years from the date that they inform you that there has been an overpayment to recover. This has clearly passed.

Customer:

So I have some rights still

taratill :

Yes you have the right not to be pursued after the limitation period of 6 years has expired.

taratill :

You need to write to them to tell them that.

Customer:

Ok

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you.

Customer:

Ok thank you I have paid you £38 do I have to pay any more money to you

taratill :

no you wont pay anymore but rating my answer completes the process and allows me to be credited.

taratill :

You will still be able to ask follow on questions.

Customer:

Ok

taratill :

Please do let me know if there is anything further you would like to know.

Customer:

Can I always come back to you at a later date

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