H/A benefit problem....

[moving on..]

Good morning,
I will try and be brief, but I am a liitle confused and fed up..so hope i don't ramble too much....
My ex-partner won an appeal against a HB overpayment going back to 2003/4.(all due to tax credit nightmare..!)
Anyways, he had left me and 4 children due to his alcoholisim he moved into residential care, and the appeal was fought without me having any input, as the benefit was in his name, even though we were joint tenants at the time, I was working and receiving the child care and working tax element.
Now at the beginning of 2006 HB in error, I know understand, paid my ex a lump sum and the HA put this amount into my rent account as we were joint tenants, coincidentally at a time when due to all the stress I had what was in effect a breakdown and was signed off work and claimed benefit in my name...i asumed as I had been on such low pay and had struggled to pay all the rent, that this had been addressed ..( I know I know i should not have assumed anything..),So moving on to August this year, I received a letter from my HA demanded payment of the amount...now yesterday 2 months after the initial letter, the situation has been explained, all errors on the housing association and benefit side and (my ignorance)..the money has to be paid back to hb from the ha and they will debit my account, leaving me in considerable arrears.
Additionally, they will as of today serve me with 'a notice to seeek possession' (due to the arrears).
Not only is my tenancy now in jepoardy, I cannot carry on with my mutual exchange scheme, as it is going to take goodness knows how long to clear my account.
I am not disputing the arrears, but I am so angry that I, have, in effect been denyied the chance to have started paying this off over 2 years ago,and now the added pressure of having notice to seek repossesion if I default on the payment plan.
Would this class as an account in dispute , could I ask for them not to take further legal action?
Can I ask the ha to make notes on my account allowing me to contine with the mutual exchange scheme? so much for duty of care or any customer care...
My only error was my ignorance, all the stress got to me, now I am trying hard to move on it seems so unfair that I am still being penalised in one way or another by doing the right thing and trying to work and support my children.

(apologies..just so fed up...)
well I would appreciate any advice and anything that would set my mind at rest ...
kindest regards
moving on....

[Joa]

First, I need to untangle this story:
you and your partner were living together in HA accommodation Y/N?
You were joint tenants and HB was paid into joint rent account Y/N?
You say that HB was "in his name"- I say this is very strange because HB in cases where the claimants are a couple, is based on this couple's circumstances; income, number of children, disabilities etc. So HB was never just your partner's benefit.
The HB o/payment was appealed and won. HB paid some money into the rent account which was previously services by reduced HB (the reduction caused by wrong o/payment decision) Y/N?

What I don't understand is this: "HB in error paid my ex a lump sum and the HA put this amount into my rent account as we were joint tenants"
Who received the money? your ex? HA? Your ex who then paid it into rent account?

Did the refunded overpayment related to period when you were living togehther? When did he leave you? Did you then claim benefit in your own name?

Who admitted that they comitted an error: HB department? This is important because an error made by an official can have enormous implications to your situation.

Now, straighten up the story in accordance with the above my questions. You are welcome to come back here but I can tell you right now that your situation is far too complex to advise fully online. You absolutely need to visit a welfare specialist. In the meantime, write to your HA and ask for all action to be suspended, whilst you seek appropriate advice and in light of the fact that it was "HA (who)put this amount into my rent account as we were joint tenants"- it seems therefore that it was their action, not yours, that caused all your trouble.

Please let us know if you are having difficulties in accessing welfare advice- we can try to help. Also, see
Community Legal Service Direct
They can assess you for legal aid, offer initial advice and help with finding a specialist.
Good luck!

[moving on..]

Hi Joa, thankyou so much for your reply,
This situation seems almost unreal.!
but..Yes, we were living together at the time
Yes..joint tenants, HB paid into joint ac. ex did not come off of tenancy for some time after he moved out.
yes..assesment was on couple but in his name at that time
yes original suggestion of overpayment was appealed and won in oct 2005.(not too sure of date but around that time).
In error i know understand, HB paid rent to HA who 'according to a schedule' from HB paid it to my ex..(who was still on the tenancy at this time) and this to what was in effect my account. (jan 2006)
HB have stated it was their error, the payment should not have been processed.They have also said they are not chasing me for the overpayment but the HA, but this has put my account in jeopardy now as the ha will tqke that from me and the arrears are still there. This is why the housing association are now going to seek notice to repossess, because of the original arrears, they have agreed a payment plan, but will insist on court action if i default.
It is such a mess and not my error, yes i am responsible for the arrears, but in effect i have not been able to pay this off from 2 years ago, as i believed in good faith that the monies deposited were because of the appeal. The demand to pay back because they have realised their mistakes, as i mentioned mutual exchange is now out of the question...the pressure of having a notice to seek seems very harsh.
kindest regards
moving on

[Ed999]

Read this thread: http://www.consumeractiongroup.co.uk...t-arrears.html