Rent overpayment?

[Flagg913]

My Girlfriend has a debt with her rent, due to them overpaying her when she started a job, curently they are asking for £9 per week,which although not a lot is alot more than she can afford once you take out bills...oh and the fact that she's now back on jobseekers and they have yet to pay her anything...apparently they are paying her next week.

She asked them if she could pay less and they said no it's £9 per week and that's that....i said send them a financial statement....so she told them she'd be sending one and they said it's no good we don't take financial statements into account it's £9 or Court baillifs.

What is right?

[rory32]

I would ask them on what legal basis they come up with this sum. It is not sufficient to say computer says £9 per week - I would want to know what actual statute are they quoting and I would want it in writing. These people unfortunately often have no idea what Act they are assessing people under or the details of that Act.

[alibobsy]

Who is asking for the £9 the council? The DWP? It is unclear from your post. I assume she was getting housing benefit from the council and started a new job, then either she delayed in letting them know she had started work or they delayed in applying that info and the housing benefit was overpaid. If this is the council she should straight away let them know she is back on benefits and they should be able to accept a lower figure. However if the council reclaimed the housing benefit from your landlord and it is them asking for the arrears it would be down to your contract with them. Can you clarify the situation?
ali x

[Flagg913]

Sorry been away a few days, Basically i got it a little wrong, turns out it was for an overpayment of jobseekers allowance....basically it's the jobcentre sending the letters from their debt managment section...hopethis helps..very sorry for the false information....but that's what i got told at first..only found out when i read letter today.

[rory32]

Well the court would take financial statements into account. What I would do is send them the financial statement along with the first payment. If they take the payment they have effectively accepted the repayment proposal.

[alibobsy]

Years ago debt recovery was in the same building as the benefit processors so info would pass from one section to the other and recovery was done internally. Then debt recovery was centralised, this slowed down sending out of letters and the communication between debt recovery and the benefit sections. Debt recovery is being taken back into the processing centres and will eventually be done at the office doing the processing, but at the moment you will have to deal with the 2 separate offices. Did she tell the debt recovery office that she is now back on jobseekers allowance as until the claim is processed online they may not even know she has claimed. Usually they will arrange to take the overpayment directly out of her benefit and the amount is usually a third of your weekly benefit. She can ask about a reduction, but may not get one.How was she overpaid? Didn't she sign off at the jobcentre the day before she started work? The trouble is she knew what date she started work and therefore knew any payments she rec that ran past that date were overpaid. I know its human nature to spend the cash you have especially if you have to wait for you pay packet, but from the DWP's view you are considered to have known the payment wasn't due and so are expected to pay it back ASAP. Perhaps the problem is she is on contributary JSA not incomebased? So they don't class her as being on a low income?
Best bet is for her to send the info and confirm she is back on benefits and hope they can reduce the payments, but be aware if they refuse they can start taking the money from her benefit direct anyway sorry.
ali x

[alibobsy]

BTW if she is back on benefits they are highly unlikely to take her to court they will just do a compulsary deduction from her benefit.
Good luck
ali x

[The GodMother]

They will take it from her benefit but they will need to lower the payment.

You can ask for a review and they have to do it.

The person who told her they dont take finical statements is wrong and they normally ask you to fill out one of theres as a result of it.

I would advise that your partner now writes to the debt department advising of the change of cirs and ask them to assess how much she has removed from her benefit.

If she was claiming with you and you as the lead claimant then it would help as you would have to sign the docs to say they could take the money for her overpayment and you can set the rate.

Chrissi

[Flagg913]

Firstly thanks for all the advice....Update: Her parents have basically paid dwp the amount. The overpayment was basically the job centre's fault..(well that's what her parents reckon)

Basically she started a job on the 2nd week of november, she went in the week before to tell them she'd found a job, they told her she had to go in a jobclub, she asked why as she had found a job, they said we'll stop your payment if you don't....the payment still went in her account,, then 5 week later she recieved a letter stating her job seekers had been stopped from that day due to not attending a job club.

[The GodMother]

If she has proof that she went to jobclub or proof of any thing that was said to her then she can claim all that money back.

Chrissi

[Flagg913]

Well she doesn't have proof thats he went to thejobclub has she did'nt go due to her getting a job....they said she should miss the first day of work to go to the jobclub...sheer madness his what her dad called it. She's filed a complaint against the woman who spoke to her at the jobcentre.

[The GodMother]

Not that a complaint will work as they are a law unto them selves.

You do realise that the lady will deny the convo and say she never came in. thats how they work.

When did she sign the papers to say she was signing off due to finding a job?


Chrissi

[Flagg913]

Tuesday which was her signing on day, she was to start work the following week. she went in tuesday signed off (that's when they told her she had to go to a job club) that one has me baffled, then she started work the following monday.

[The GodMother]

Well she had signed off so she had not been over paid the housing benefit as far as l am aware.

The rules state that when you sign you sign to say you had not done anywork within 14 days. As she signed off she was entitled to 2 weeks money and as a result no over payment.

I would advise her to appeal the overpayment decision based on her not having worked in the previous 14 days and the fact that she had found a job and had signed off.

She may be entitled to the money back.

Chrissi