Who has a clue???

[marlow]

My council are trying to get £880 out of me stating that they overpaid me housing benefit. This benefit ran from May 2005 to August 2005. Now, bearing in mind communicating with these idiots is PURE HELL, their first reason was saying I'd phoned them in September to say I'd actually gone back to work in May!! This resulted in me having to attend a fraud administration hearing type thing, where the fraud guys came to a solid conclusion that the whole system was balls, I never made any such call etc.. The job centre ahve gone on to say they have the recorded phone call so I've said according to data protection, I am entitled to hear it...I think I'm right about that aren't I?? Why on earth would I phone and say that when I have given them proof time after time from the Jobcentre that I was receiving JSA all along??? So their next weak attempt at reasoning why I was overpaid was because my job seekers was contributions based and not income based. So then I said well this is an error on their part, you see on the application form for housing benefit, you don't state what type of job seekers you are getting, which is rather stupid if there is such a big difference between the two!! Of course you have to provide evidence of the job seekers with the application which obviously I did otherwise I wouldn't have been paid housing benefit thereafter, so bascially any errors have been totally on their part. I've sent lots of letters telling them to provide me with proof that I owe this money back, and they keep going round in circles, first saying I phoned them to say I was working..."LIKE DUH!! WE'VE BEEN DOWN THAT ROAD!!", then again saying about the income based/contributions based stuff. Now their on about taking me to court. Is it worth my while creating a case collecting all the info I need? The main thing would be getting yet more confirmation from Jobcentre that I was in receipt of this benefit, which isn't easy to get from them. Could I send them a letter saying they have to provide this info according to Data Protection? The problem also is that apparently job centre wipe all their records 18 months after claims, which leaves me about 2 or 3 months left before this would happen to my records. Have I got a case here please anyone?

[ukdickie31]

You will be able to get confirmation. The Jobcentre records are just local records on a different computer system (called LMS) to the Benefit Records. The benefit system is called JSAPs. This keeps all data for quite a long time.

You will be able to get this letter quite easily, whether by Data Protection Printout or by just going along and asking.

I really can't see how they can say this is a problem. They should have access to the JSAP's database which will confirm whether you were paid JSA(Conts) or JSA(Income Based).

If they still don't give you the info. PM me.

You should have appealed against the decision. It seems that you have let them lead you on which has taken you over your one month time limit in which to appeal. You can still appeal late provided that you are within 1 year of the original decision letter.

Also, if the decision letter does not comply with the regulations then they are taken not to have issued a written decision and must do so before they recover the overpayment. If this is the case then your time limit for appealing startes from the date of the decision letter.

You need to seek advice from someone who can look at the documents.

[marlow]

Very helpful ukdickie, thanks.

About the appealing part, I'll elaborate on what else happened. I was called for a fraud adiministration meeting in the first place because they thought I had failed to tell them of a change in my circumstances. Jobseekers had informed them that my benefit had stopped in May or June. Well the reason jobseekers had informed council this was simply because there was a one week break in my benefit, for what reason I can't remember now, but it was a cock up of some sort, so because I was back on benefit a week later, I'm hardly going to know to tell the coucnil about this. So fraud guys said I'd get a caution if I was unlucky, as it happened just had a letter saying don't do it again, naughty boy! The fraud guy told me to then make a back dated claim as I was entitled to the benefit of which I'd already had (getting chuffin confusing now, lol). So I did, and the back dated claim was accepted, only for them to reply saying I'm entitled to £0.00 of benefit!!!

I have been appealing all along ever since and have sent many a letter written similarly to how template letters are written on this forum, for example the bit about me being entitled to hear this so called recorded conversation that I never had!! Hmmm, funny that they've ignored this!

Right well I'd better collect the paper work I'll be needing in court then, if you think they haven't got a right to take my money.

[marlow]

Despite me sending them letters asking them to provide evidence that I owe this money, I have now had a notification of legal action to pay up. Are they obliged by law to show me the evidence or can they just keep it to themsleves for court time? Because if there is some very unlikely looohole that I've missed which they don't tellme about then I'll lose at court. Can anybody help?

[Jhawc24]

Information about the data protection act is here. As you have already made a request for this information they have to provide it to you with 40 days.

http://www.dwp.gov.uk/publications/d...ionAct1998.pdf

Hope this helps.

[marlow]

I sent a letter saying I have the right to hear this so called recorded telephone conversation quoting Data Protection, but didn't mention Data Protection Act again. However I am going to reply saying I can't wait for them to take me to court as I will turn up to make sure it is thrown out after you have failed to bide by law and show me the information which shows I owe this money, in accordance with the DPA. Hope it works.