Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Housing/council tax overpayment they want it back.

    Hello could someone advise me as housing benefits want their overpaymenticon back (over £500) they have deducted it from my current payments at £18 per week. This is a result of their review which I had no part in I just got a letter telling me that I was intitled to it. They had missed out my child/working tax credit payments of which i did not notice at the time. I have protested and refused to admit to liability to their error however they have ignored my protest and still deducting money from my current award. Also I notified them that from 1st of september 2008 my tax credit was being reduced as my daughter was going to university. They have replied with a letter saying they are going to visit me at home as their verification programme used to check housing and council tax benefit claims. should i go into the office and give my details they want like wage slips and bank statements instead as i don't like them visiting me as I haven't done nothing wrong and i have not committed fraud as they are suggesting. Please could someone advice me to what to do for the best as i suffer from nerves and this is really distressing to have a stranger in my home.

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  2. #2
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    Default Re: Housing/council tax overpayment they want it back.

    I'm not sure if they can visit your home without your permission, so my reply will BUMP your thread.

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


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    Default Re: Housing/council tax overpayment they want it back.

    Inform them that they aren't welcome to visit your home and if they do so they will be ejected if necessary.


  4. #4
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    Default Re: Housing/council tax overpayment they want it back.

    Hi
    you could modify this letter to suit your needs,http://www.consumeractiongroup.co.uk...ml#post1380478

    Andy

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  5. #5
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    Default Re: Housing/council tax overpayment they want it back.

    Legally the fact that they sent you notification of what they thought your income was means you should have told them of their error. Very harsh but true.

    If you refuse to be interviewed (twice) your hb/ctb can be cancelled. You could insist on being interviewed on your doorstep but this is not very private.

    Is your daughter still living with you? If so she will need to get a letter from university stating when she went on to further education. If you don't provide this the council will have to assume that she is earning and will take the highest deduction for a non-dependant. If she provides this letter she is regarded as having 'nil' income so that carries on the same as when you were getting cb for her. If she has left your household this proof is not needed. The thing to watch out for is if she gets a summer job and is living with you as her wages will need to be declared and taken into account. I think this is inequitious but it is the law of the land.

    £18 seems very high. Is it for hb and ctb? If just hb you could ask to pay back just over £9 a week (can't remember the precise figure).

    These people are not from the fraud department. Part of their job (I know 'cos this is what I do) is to make sure that you are getting the correct amount of hb/ctb. I do appreciate that you are feeling nervous as a lot of people say this to me - and I'm far from frightening. Unfortunately taking the proofs to the office will not do. Would you feel better talking to a woman as you could request a female visitor?

    All you need to have ready is your wtc/ctc award letter for 2008/9, payslips (either 2 monthly or 5 weekly up-to-date ones) 2 months of bank statements (which need to be no more than 2 months old) and proof of any other income or savings. Oh and you daughter's letter from university if that applies.

    I do hope this has helped.

    If my advice has been helpful tip the scales

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    Default Re: Housing/council tax overpayment they want it back.

    Quote Originally Posted by sallysas View Post
    If you refuse to be interviewed (twice) your hb/ctb can be cancelled. You could insist on being interviewed on your doorstep but this is not very private.
    OP isn't obliged to be interviewed at home or anywhere else. If she is agreeable to being interviewed, she is within her rights to insist this is done at Council premises.

    OP, you are well within your rights to direct someone to leave your home if you so wish, and to use necessary force to eject them if so necessary.


  7. #7
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    Default Re: Housing/council tax overpayment they want it back.

    The bottom line is that her benefit can and will be cancelled if she refuses to be interviewed at her home/doorstep. I say again - they are not the fraud department.

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL


  8. #8
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    Default Re: Housing/council tax overpayment they want it back.

    Quote Originally Posted by sallysas View Post
    The bottom line is that her benefit can and will be cancelled if she refuses to be interviewed at her home/doorstep. I say again - they are not the fraud department.
    The bottom line is that if a local authority withdrew benefit on the basis of a claimant refusing interview in their own home, they would likely have acted ultra vires, breached the Human Rights Act (right to private life, arguably right to a fair trial) and would be wide open to challenge under, amongst other things, Judicial Review.


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    Default Re: Housing/council tax overpayment they want it back.

    Always beware of the reasons Council employees want to make a home visit, always request what dept they are from prior to the visit and what actually they want from you. They might be bailiffsicon and if you allow them in and if they have the relevant county courticon Paperwork they WILL levyicon your goods.This has happened to someone close recently.
    "EXEMPLO DUCEMUS"


  10. #10
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    Default Re: Housing/council tax overpayment they want it back.

    Hi
    Lancsgirl do you lhave a legal advice centre in your area, or CAB why not speak to them about your wish not to have a home visit, they may be of help.
    In addition pop in to discuss concerns with your local councillor at their next surgery.

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  11. #11
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    Default Re: Housing/council tax overpayment they want it back.

    The letter you received from them saying when they want to visit would have the department they are from on it. Why are some us fixated on the dark corners? This poor lady has already stated that she gets nervous and really there is nothing to get this worked up about. Any council employee has to show proof that they are who they say before you allow them entry into your house. If getting in touch with her councillor will now put her mind at rest fine but talking about human rights etc does no one any good if your hb/ctc is stopped. Sometimes peoples circumstances change just at the time that the council are asked to visit (visits are requested by dwp normally) and it can be just a coincidence - this happens to me all the time.

    By the way lancsgirl if your benefit is suspended while you are getting advice (they will send you a letter - it is a legal requirement) you still have 2 months from that date to get your benefit reinstated. I still suggest 'phoning them tomorrow as talking to a person might make you feel better.

    I can't understand where this suggestion of it being the baliffs is coming from. The benefit is being repaid at £18 per week so there would be no reason for baliffs to be involved. The only person not involved in this thread right now is lancsgirl so I do hope you are not getting really frightened by all this. I say again - 'phone them tomorrow and if it makes you feel better - ask for a woman to visit you. You can even pick a day/time period that is convenient for you.

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE