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)

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  1. #1
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    Default Housing benefit overpayment

    Had a letter from the council informing me I've been overpaidicon by 320. They've kindly given me 4 days to pay in full! So much for the one month to appeal!

    I went self employed in June and claimed Nea. The no jobs centre made an "administration error" and the Nea payments were showing in my bank as jsa. I questioned this and said surely this will interfere with housing benefit payments, the council would see jsa on my statements and pay my full rent. And also make it look like benefit fraud ie claiming jsa and working. My mp got involved and the job centre assured them and me that this would not happen and they would inform the council. I informed the council myself and gave them the Nea letter. They also "put a note on the file". I have the receipt and emails.

    I gave the council everything they asked for. My payments continued. I did not receive an award letter. I got a letter in September telling me " your claim is incomplete" and they again asked for everything I had already given them. I replied asking why they are asking for everything again?! There response was to send the same letter. I then gave them everything from June to present. It took three months to tell me the claim was incomplete?

    I have just started university leaving me entitled to 0. I got my start date two weeks before starting. I informed the council of my start date and to cease payments. I also asked for what I have left to pay on my council tax and i will pay it. This was ignored. I again informed them through councilor to cease payments. They said "there's nothing we can do until we see your exemption certificate". These hadn't been released by the university yet. Even my councillor said they should have suspended the final payment until they had the info. But surprise surprise they didn't and I was paid. They have suspended before until they've been given the information...

    Surely I'm not at fault here? Four months after going self employed and in only seeing an award letter today?


  2. #2
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    Default Re: Housing benefit overpayment

    so whats the problem?,theyve overpaidicon you?,just pay it back..


  3. #3
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    Default Re: Housing benefit overpayment

    Quote Originally Posted by citizenkain View Post
    so whats the problem?,theyve overpaidicon you?,just pay it back..
    That may be incorrect advice because if they have made an official error, they cannot claim it back and there is legislation to back it up. See http://www.legislation.gov.uk/uksi/2.../contents/made section 100. We had similar happen to us and were able to show that we had supplied all the necessary and correct information. The demand was withdrawn.


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    Default

    Quote Originally Posted by Surfer01 View Post
    That may be incorrect advice because if they have made an official error, they cannot claim it back and there is legislation to back it up. See http://www.legislation.gov.uk/uksi/2.../contents/made section 100. We had similar happen to us and were able to show that we had supplied all the necessary and correct information. The demand was withdrawn.
    Exactly, that's what I thought. Thanks for the link. My councillor is on it again for me!!


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    Default Re: Housing benefit overpayment

    Forgot to update this. My councillor Tim Beaumont was VERY helpful with this. Once I had provided all the evidence proving i did everything I was supposed to the council backed down claiming "system error for a small number of claimants" and wrote it off.

    Huzzah!!


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    Default Re: Housing benefit overpayment

    Well, that's a result. It's quite difficult to get a council (as opposed to the DWP) to accept an "official error" argument, so well done and thanks for updating.

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    I can't give advice by PM - please post on the forums. I do advise to the best of my ability, but I am not a qualified professional, benefits lawyer or Welfare Rights Adviser. If you wish to check my advice against other independent sources, please do.

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    Default Re: Housing benefit overpayment

    I'm a actually volunteering within the tribunals helping with appeals and ESA claims. It was amazing how his attitude changed once informed of this and the fact that I'm a 2nd year law student!!!

    I've also asked my councillor to ensure others who fell victim to this "system error"are not made to repay benefits.

    I also only dealt with the chief executive, he kept trying to pass me on but I refused!


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    Default Re: Housing benefit overpayment

    Well done hacked-off. It can be done.

    I remember years ago that my local council chased me for an overpaymenticon as I hadn't supplied all the information they wanted for my 'daughters' college study. (the daughters in quotes will become clear) I supplied everything they wanted for my daughter yet they still said they had overpaidicon me. After going through the 3 stages of complaint, I went to the LGO and it is then that they realised the council had missed an apostrophe.

    The letters should have said "daughter's" for me to send information. Result-overpayment cancelled, formal apology-200 compensation.

    Just goes to show how one simple mistake can cause untold stress

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  9. #9
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    Default Re: Housing benefit overpayment

    There's still a minor issue with mine. I have in my council tax exemption certificate in September and signed off the end of June. So there's a period of two months were I'm libel for council tax, which I paid. But the council reckon i owe 400 on this years. Mmm something not right there. That's being dealt with separately by me and my councillor.


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    Default Re: Housing benefit overpayment

    Congratulations Hacked off as perseverance pays off eventually.


  11. #11
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    Default Re: Housing benefit overpayment

    Hello everyone. I have posted a thread called "overpaymenticon of housing benefit (official error)"
    If you get a chance please have a look. I really am stuck and in need of some advice.
    Thanks



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