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> Benefits, Tax Credits and Minimum Wage

Benefits, Tax Credits and Minimum Wage Having problems with benefits / deductions, or want to discuss entitlement etc. this is the place. Other matters include Tax Credit issues and also advice for those on / or below minimum wage.


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Old 10th October 2008, 12:08   #1 (permalink)
ssssss
Basic Account Customer
Default Housing benefit overpayments - barred or not? options?

Hi there

I have recently received a letter demanding payment in 10 days (otherwise bailiff action) for an overpayment amount last dealt with in 2005.

Part of this debt is over 6 years old, but within 5 years there has been a deduction from my housing benefit payment to recover (though I had no choice whether to agree with this). The original letter for recovery which they reference was sent in 2004 to a house I had already long vacated. A notice stating that court action was about to take place reached me in 2005, where I duly contacted the HB office to sort it out.

I only know (due to the loss (moving)) of my records, that whatever I did must have resolved the situation, as that was the last I heard. Now over three years on I am receiveing threatening letters, which I have responded to, explained the situation and been promised a manager's call, copies of communications sent by me etc - but each time just receive the same demand 4 days later.

If I owe the money, I think I am happy to pay it, but I can't make that assesment with out all the information. So, is part of the 'debt' time barred? Have I not been afforded the proper procedure (with the misdirection of letters)? And can I halt these (ridiculous) 10 days before the 'debt' is passed on in order to gather and request all relevant documents?

Whould really appreciate the help as I can't get legal aid or through to the ciB (not in whats left of 10 days anyway (letter from them dated the 2nd was postmarked 6th!)

Thanks
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Old 10th October 2008, 15:41   #2 (permalink)
bazak1
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I am in: West Midlands
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Default Re: Housing benefit overpayments - barred or not? options?

Firstly, because you contacted them in 2005, i believe this halts the " longer than 6 year" statute rule.
The "threatening" letters !,
local authorities are only allowed to word their letters in a certain way, and they usually then have to be vetted by someone high up, so they are just standard pay up letters.
If this debt was paid before, then couldnt you get copies of bank statements, credit card statements etc to prove the payment.

Contact you HB office in person, and ask them to look into the matter deeper, explaining that you thought it had been paid. It may be an oversight in which case you're clear, or it could be the fact that maybe you thought you had paid but didnt.
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Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

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have a nice day !!
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