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 Glasgow council are chasing me for housing benefit overpayment, advice needed

    Hi to all the members

    I've had an ongoing issue with GC regarding an apparent overpaymenticon for housing benefit, whilst I admit I was wrong to ignore this for some time, they have issued a final demand to me for £350 they claim was overpayed for a 3-4 period I was unemployed and hence, claiming benefits at this point

    I have no issues at all regarding paying back but I'm unwilling to pay them more than £15:00 a month and also I'm unwilling to pay the full amount as the council failed to provide me with the correct information at the time, this is the only time in my life I have been unemployed therefore I'm quite naive as to the procedures etc.

    I've so far paid back £30:00 and I'm only willing to pay £200 in total however having written to the council a while back (and received a rather curt 'we're digging our heels in over this' response) would appreciate some advice.

    Finally if I've posted this in the wrong section please forgive me, whilat I realise the amount we're talking here isn't as severe as some of the debt figures bandied about, I feel it's a matter of principle.


  2. #2
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    Default Re: Glasgow council are chasing me for housing benefit overpayment, advice needed

    Hello and Welcome, knarf.

    I don't think I can help you much, but there's a 'link' here to the Govan Law Centre, re: Time to pay order.

    Time to pay for council tax debt | free legal help from Govan Law Centre, Glasgow, UK

    If you get the 'time to pay' order sorted, this would stop any further action and give you time to dispute the amount.

    I'll get in touch with another member on the site, who may be able to help you some more.

    I'm going to move this thread to the Scotland Forum.

    Regards.

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    Default Re: Glasgow council are chasing me for housing benefit overpayment, advice needed

    Sorry, just re-read your post and I'm talking rubbish

    I've moved your thread anyway, and hopefully someone will help you.

    Regards.

    Scott.

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  4. #4
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    Default Re: Glasgow council are chasing me for housing benefit overpayment, advice needed

    Hi Knarf1,
    Thanks to Scott for pointing me to this.
    I'm not up on Scottish Law but I will do a little reading. I suspect it is very similar to english Law when it comes to overpayments.
    Even though you delayed responding to the demands doesn't remove their obligation to prove you were at fault.

    Have a read of the bits in red below


    Quote Originally Posted by knarf1 View Post
    Hi to all the members

    I've had an ongoing issue with GC regarding an apparent overpaymenticon for housing benefit, whilst I admit I was wrong to ignore this for some time, they have issued a final demand to me for £350 they claim was overpayed for a 3-4 period I was unemployed and hence, claiming benefits at this point

    During this period, were you claiming income support but more importantly, how long ago was this overpaymenticon

    I have no issues at all regarding paying back but I'm unwilling to pay them more than £15:00 a month and also I'm unwilling to pay the full amount as the council failed to provide me with the correct information at the time, this is the only time in my life I have been unemployed therefore I'm quite naive as to the procedures etc.

    Do you get housing benefit at the moment? if so they could reduce your benefit to claw the overpayment back

    I've so far paid back £30:00 and I'm only willing to pay £200 in total however having written to the council a while back (and received a rather curt 'we're digging our heels in over this' response) would appreciate some advice.
    If it was a council error for this overpayment then why should you be penalised

    Finally if I've posted this in the wrong section please forgive me, whilat I realise the amount we're talking here isn't as severe as some of the debt figures bandied about, I feel it's a matter of principle.
    I'll do a bit of checking for you so for now, I would make a complaint to the Housing Benefit section. Don't admit you owe them anything. They have to prove you do and if it's something you have done wrong then it may be a case of sucking it up.
    Just because they want you to pay more than you are willing to pay doesn't remove your right to live. If paying more than you can afford is causing hardship, tell them.

    fox

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    Do you need debt advice? Look at this excellent blog. 10 steps to put YOU back in control
    Part 1--Part 2--Part 3--Part 4--Part 5--Part 6--Part 7--Part 8--Part 9--Part 10


  5. #5
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    Default Re: Glasgow council are chasing me for housing benefit overpayment, advice needed

    Thank's for the responses.

    To answer the three points you raised:

    1) During the period I was signed on and was in receipt of around £60:00 a week. I claimed this from Dec 05 - March 06 which was the period I was unemployed, the only period in my life I have been unemployed.

    2) I don't receive housing benefot at the moment, I work in full time employment.

    3) The letter I wrote to them detailed my issues for non payment of this, they wrote back to me claiming I was advised at the time (when I went to their office) to bring in something, can't remember if this was proof I'd signed on or whatever as this was a while back, this was reason I stated was willing to pay some, not all of debt


  6. #6
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    Default Re: Glasgow council are chasing me for housing benefit overpayment, advice needed

    Just found this:

    http://www.govanlc.com/hb_arrears_mrd.pdf

    I don't think you will be able to appeal as you're out of time unless you can get it on extreme circumstances.
    That said, you could ask them to to a revised assessment. Have a look at page 4 of the document I posted.
    I'll carry on reading for you later but I have to go out and post a couple of letters.

    fox

    If you are asked to deal with any matter via private message, PLEASE report it.
    Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor

    Do you need debt advice? Look at this excellent blog. 10 steps to put YOU back in control
    Part 1--Part 2--Part 3--Part 4--Part 5--Part 6--Part 7--Part 8--Part 9--Part 10


  7. #7
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    Default Re: Glasgow council are chasing me for housing benefit overpayment, advice needed

    I think you may need this:
    Financial Services
    this is the person with overall responsibility for benefits so if you fail in your efforts, this is the person to write to.

    I forgot to mention that if you write to them either hand it in at the council and get a receipt or post it recorded delivery. You will need to keep an accurate paper trail.

    This is another link if your efforts fail with the council but you must have exhausted all attempts with them before you go here:

    Scottish Public Services Ombudsman | Scottish Public Services Ombudsman

    Don't forget to update us as you progress. If I get stuck, I'll call on another few peeps who have experience (far more than me)

    fox

    If you are asked to deal with any matter via private message, PLEASE report it.
    Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor

    Do you need debt advice? Look at this excellent blog. 10 steps to put YOU back in control
    Part 1--Part 2--Part 3--Part 4--Part 5--Part 6--Part 7--Part 8--Part 9--Part 10


  8. #8
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    Default Re: Glasgow council are chasing me for housing benefit overpayment, advice needed

    HI Dont know if this is of any use to you but I am also getting housing benefit and they claw back the overpayments by reducing the amount over a short period of time. These overpayments are to do with the Councils not updating claims on time as I have had a few overpayments when I have informed the Council of changes in either tax code no or rent increases. Its the norm for Councils to charge the customer for over payments received as it takes them so long to update records



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