FUrthermore, under the guidelines issued by the Office of Fair Trading on Debt

Collection Practices, this is what they had to say about this practice of yours-
"debtors should not be led or allowed to believe that they are legally liable to
pay
such charges where this is not the case. Failure to act in accordance with these
principles is likely to be regarded by the Office as an unfair or improper busin
ess
practice within section 25(2)(d) of the
Consumer Credit Act and thus relevant to the issue of fitness to hold a consumer
credit licence."
And you could end with something like "I trust this will end communication betwe
en us."

26th October 2006, 14:45 #3 (permalink)

handyandy
Basic Account Holder
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Cagger since : Sep 2006
Posts: 15
Re: Help DWP chasing 13 year Old Debt
--------------------------------------------------------------------------------
Send them this letter and forget about it.
The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG
without prejudice
Dear Sir/Madam
Acc/Ref No 4563210025897412
You have contacted us regarding the account with the above reference number, whi
ch you claim is owed by ourselves.
We would point out that under the limitation act 1980 Section 5 an action founded
on simple contract shall not be brought after the expiration of six years from
the date on which the cause of action accrued.
We would also point out that the OFT say under their debt collection Guidance on
statute barred debt that it is unfair to pursue the debt if the debtor has heard
nothing from the creditor during the relevant limitation period .
The last payment of this debt was made over six years ago and no further acknowl
edgement or payment has been made since that time. Unless you can provide eviden
ce of payment or written contact from us in the relevant period under Section 5
of the Limitation Act, we suggest that you are no longer able to take any court
action against us to recover the alleged amount claimed.
The OFT Debt Collection Guidance states further that continuing to press for paym
ent after a debtor has stated that they will not be paying a debt because it is
statue barred could amount to harassment contrary to section 40 (1) of the Admin
istration of Justice Act 1970 .
We await your written confirmation that no further contact will be made concerni
ng the above account and confirmation that this matter is now closed.
We look forward to your reply.
Yours faithfully
Mr A N Other

On the National Debt Line it states;

Benefit Overpayments & Social Fund Loans
The Department of Work & Pensions (DWP) has 6 years to take action through the c
ourts to recover benefit overpayments and social fund loans. This time starts ru
nning from the date of the final decision made on the overpayment and from when
the social fund loan was due to be paid. But the DWP are still allowed to make d
eductions from your benefit for a debt over 6 years old as they don t need to go t
o court to do this. This applies to overpayments of benefits such as income supp
ort, job seekers allowance, pension credit, housing benefit, council tax benefit
and paying back social fund loans.

The department
is too well versed in law not to be unaware that by attempting to instigate
proceedings against you is a gross misuse of their powers. You expect a letter
by return confirming that all proceedings against you will cease, and the dca
cancelled. Failure to do so will result in a complaint to the OFT as you are
already in breach of the Consumer Credit Act 1974 section 25[2][d] and the Human
Rights Act 1998 article 8 protocol 1. [incidentally Mark, it is possible to obt
ain legal aid for
pursuing them on human rights].