CCS Collect Debt Collectors - advice/help

[ricoeliso]

Hi all, So i have recently started receiving letters through the post from a company called CCS Collect claiming that I owe money to them on behalf of The Department of Work and Pension for £97.50. Thing is, I have no idea what this is for. The letters gives no explanation, they only abruptly demand that i pay it or face legal action. Quick search shows that the department of Work and Pension is government related. I pay all my taxes, National Insurance etc through PAYE and have no other dealings with the HMRC. The only thing i can think of is that i was on Job Seekers Allowance when i first came out of university 8 years ago and when i found work the gov. continued paying me it for a short while. i phoned them about it (telling them to stop!) and they advised me that the over payment would just be deducted from next time i stop work and start claiming again - which i never have. But i can't even remember if the over payment equates to the same amount. Questions: 1. should i contact CCS Collect at all? the most recent letter has given a settlement due date and has said i will otherwise be taken to court (and face additional legal fees). however if i contact them am i acknowledging receipt? 2. Is there anyway i can find out what this debt is without contacting them? 3. Is a debt 8 years old (if it is related to the Job Seekers Allowance) even enforceable? 4. Does anyone know if i have any legal grounds on which i can avoid paying? I'm an honest, law abiding citizen so i am very begrudged to hand over money to these cowboys. Any thoughts and comments appreciated.

[FlamingParrot]

Re: CCS Collect Debt Collectors - advice/help

So i have recently started receiving letters through the post from a company called CCS Collect claiming that I owe money to them on behalf of The Department of Work and Pension for £97.50.

Thing is, I have no idea what this is for. The letters gives no explanation, they only abruptly demand that i pay it or face legal action. Quick search shows that the department of Work and Pension is government related. I pay all my taxes, National Insurance etc through PAYE and have no other dealings with the HMRC. The only thing i can think of is that i was on Job Seekers Allowance when i first came out of university 8 years ago and when i found work the gov. continued paying me it for a short while. i phoned them about it (telling them to stop!) and they advised me that the over payment would just be deducted from next time i stop work and start claiming again - which i never have. But i can't even remember if the over payment equates to the same amount.

That's your explanation then. The DWP would chase you for overpayment of benefits while HMRC would deal with taxes.

Questions:

1. should i contact CCS Collect at all? the most recent letter has given a settlement due date and has said i will otherwise be taken to court (and face additional legal fees). however if i contact them am i acknowledging receipt?

There's nothing wrong with acknowledging receipt of a letter. If you are thinking of statute barred, acknowledging receipt of a letter and asking them to prove the debt does not reset the clock.

2. Is there anyway i can find out what this debt is without contacting them?
3. Is a debt 8 years old (if it is related to the Job Seekers Allowance) even enforceable?
4. Does anyone know if i have any legal grounds on which i can avoid paying?

After 6 years the debt would be statute barred for the purpose of legal action through the courts, however, the DWP can still recover it through deductions from benefits if you ever claim them again.

I'm an honest, law abiding citizen so i am very begrudged to hand over money to these cowboys.

Any thoughts and comments appreciated.

You could either send a prove it letter or a statute barred letter.

[ricoeliso]

Re: CCS Collect Debt Collectors - advice/help

You could either send a prove it letter or a statute barred letter.

thanks for your assistance. I sent a 'prove it' letter yesterday so will advise of the response i receive, if any. I've done further investigation and established that they have no ground to take me to court on, so that is a relief!

[ricoeliso]

Re: CCS Collect Debt Collectors - advice/help

After 6 years the debt would be statute barred for the purpose of legal action through the courts, however, the DWP can still recover it through deductions from benefits if you ever claim them again.

You could either send a prove it letter or a statute barred letter.

So i received a response today from CCSCollect following my 'prove it' letter which states the following:

"this is in relation to the overpayment of Income Based Job Seekers Allowance on 31/07/06. If you require evidence that this is owed, please refer to your local benefit office or the DWP Management Centre, as this is not held by CCS Collect"

they then go on to demand that i should make payment to CCS Collect or call them to discuss repayment options.

Per the above, i know that the debt is statute barred and that the DWP can recover from any future benefits claimed. So is there a follow up template letter (or suggestion) that i can give to them to get CCS off my case? Should i point this out to them or say that i will discuss with DWP directly or both?

[FlamingParrot]

Re: CCS Collect Debt Collectors - advice/help

So i received a response today from CCSCollect following my 'prove it' letter which states the following:

"this is in relation to the overpayment of Income Based Job Seekers Allowance on 31/07/06. If you require evidence that this is owed, please refer to your local benefit office or the DWP Management Centre, as this is not held by CCS Collect"

they then go on to demand that i should make payment to CCS Collect or call them to discuss repayment options.

Per the above, i know that the debt is statute barred and that the DWP can recover from any future benefits claimed. So is there a follow up template letter (or suggestion) that i can give to them to get CCS off my case? Should i point this out to them or say that i will discuss with DWP directly or both?

As far as CCS Collect or anyone else is concerned, this is statute barred, which means you can just send the SBd letter. :thumb:

If you ever claim benefits agai,n the DWP could make deductions to claw back what they overpaid you, but that's a totally separate issue. :grin:

[ricoeliso]

Re: CCS Collect Debt Collectors - advice/help

The saga continues....

So sent them a letter on 21st May, which stated as follows:

"Dear CCS Collect

I refer to your letter dated 15^th May 2014 and attached hereon.

I note your suggestion that the request for payment is in relation to an overpayment of Income Based Job Seekers Allowance on 31/07/2006. I would like to refer to the Liability for Debts and the Limitation Act (England/Wales), which notes the following:

Benefit Overpayments & Social Fund Loans

The Department for Work and Pensions (DWP) has six years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running 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 deductions from your benefit for a debt over six years old as they don't need to go to court to do this.

This applies to overpayments of benefit such as Income Support, Jobseeker's Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and paying back social fund loans.

As the accused overpayment (which I do not acknowledge nor have CSSCollect provided sufficient evidence of occurring) was made more than 6 years ago, no court action can be taken. Furthermore, as any required settlement should and can only be made through the deduction from any future benefits, I will take up the matter with DWP directly and not go through CSS Collect.

I therefore ask that no further contact be made concerning the above accounts, especially with falsified claims of court action. I will otherwise have no option but to make a complaint to the Trading Standards Department and consider informing the FCA of your actions.

Kind Regards,

"

today (10 days later), I have received another letter which appears to completely disregard my response, advising that they have now written to me several times regarding the above account that remains outstanding and have now selected it for action with their legal partners HL Solicitors. They go on to say that "at which time legal action may be commenced against you in the County Court (or Sheriffs Court if applicable). Should such action be taken, the proceedings will include additional claims for legal costs and interest on the outstanding".

A rather weak threat that i believe they have little ability to follow through, but at this stage i now just want to get them quit harassing me! Per my previous letter, i have threatened going to the OTF, should i follow this through? Does anyone have any suggestions for a suitable response?

Thanks in advance for any assistance.

[FlamingParrot]

Re: CCS Collect Debt Collectors - advice/help

today (10 days later), I have received another letter which appears to completely disregard my response, advising that they have now written to me several times regarding the above account that remains outstanding and have now selected it for action with their legal partners HL Solicitors. They go on to say that "at which time legal action may be commenced against you in the County Court (or Sheriffs Court if applicable). Should such action be taken, the proceedings will include additional claims for legal costs and interest on the outstanding".

*IF* they started such action, you'd submit a SBd defence. That's an absolute defence. :thumb:

A rather weak threat that i believe they have little ability to follow through, but at this stage i now just want to get them quit harassing me! Per my previous letter, i have threatened going to the OTF, should i follow this through?

Presumably you mean the OFT (Office of Fair Trading)? From April 1st 2014, the OFT's responsibilities have been taken over by the Financial Conduct Authority (FCA).

Does anyone have any suggestions for a suitable response?

You've told them it's SBd, there's very little to be added.