got a letter saying i have been overpaid/fraud last year. They say they will be going back 15 years. !

Hello there.

You've posted in the bailiffs forum, have you heard from bailiffs? If not, we can move your thread to the benefits forum. Please tell us more about what's happened.

HB

Yes I have as it has liability order on it,

each year has been sent so it will be a stack of them at this rate.

Have done stepchange and my income expenditure twice.

Living on state pension/pip no benefits as all were stopped

liability order?

that's for council tax!

nothing to do with benefit over payment?

so you have a bailiff letter?

Thread moved to the appropriate forum.

Regards

Andy

Yes lots of bailiff letters now for so many years. The council have called it benefit over payment when they write to me.

you cant get a LO for benefit over payment.

can you scan the last couple please to PDF?

follow the upload

Very confused by this. The rent part was not included the CT is been pursued by the bailiffs. Do i need to go on 2 parts of the site? Thanks

you are being chased for CTAX by a bailiff

that's nowt to do with any benefit over payment

you need to start a thread about that in the benefit forum.

this thread should be used for your CTAX/Bailiff problem.

so back to the top again..

WHAT letters have you had from the bailiff so far regarding the CTAX debt.

May be it is council tax relief overpayment,or what ever it was called

If they have paid you to much for the above then they class this as a council tax debt,

so will go through the process and get a LO,

I have challenged this in the past and my council have stuck to there guns.

you cant get a LO for benefit over payment.

 

Dx, this is clearly for an overpayment of council tax benefit Council tax benefit is not a paid benefit, it is a deduction to the bill - no-one gets 'paid' council tax benefit, they are awarded a discount.

In such cases, the bills for those periods will be readjusted taking into account the new award and a new bill generated. If they remain unpaid then a LO will be sought.

Spot on Whitley,

thanks pete.

dx

Who on earth is 'Pete'?

Yes that is right. I have not had cash but did not pay CT as i am disabled and a pensioner.

The same with the rent.

Happy to move to the right place if this is wrong.

i do need help due to all the letters from bailiffs.

They have been to the house but I was out and the neighbours told me when i got in as they could hear what was been said when they rang the office (I assume)

I have 2 L O now at least.

Thanks for your replies

In the right place now I hope.

I wrote to the bailiffs say that we are both elderly and disabled.

We have pip awards.

They said they will continue and still do so.

My husband has been my carer for some years as I have been left with a lot of problems since and accident. and have ongoing treatment. My husband has a heart condition.

The council know all this anyway as I have spoken to them many times and now only write.

They insist on £100 a month.

My monthy income is only just over £500 state pension.

My husband pays for his own place and pays all his council tax there but helps me re care.

The council seem to think that I must be divorced to get any discount as they wont reduce my CT payment from full. and ask when my husband and left me and that I must prove it.

We dont intend to divorce but all this is a strain as we both know I will not be able to manage alone.

I have been paying full rent and council tax due to all this and I am running out of money and cant keep it up much longer.

If I pay I wont be able to pay my rent and council tax now.

Advice has been taken from a charity and an income expenditure sheet sent to council twice.

I had a letter from the council saying they would wait for the DWP to decide what will happen but they still sent the bailiffs.

The neighbours now know as it was all discussed by the bailiffs outside when they called while I was out and I was told about it when I got in.

I have a lot of letters and LO as the years have been taken to court year by year,

so they will just keep coming and my outgoings exceed my income as my income expenditure and bank statements show.

I have read your site and it is very informative.

I have already done some of the things suggested.

This is going back to 2002 so I cant remember some of the things as my accident affected my memory and left damage that i am still recovering from..

Must add had my interview under caution and was ill at the time as I was having some treatment, had to go to the doctor after as was so distressed for more pain relief.

Took me days to get stable.

The hospital had said to cancel all appointments but was forced to attend by the way I was spoken too when I tired to explain about my pain clinic treatment every week.

The council were the same when i said I would be in hospital (I had a day bed) on the court date and would not change it so it was all done without me been able to go.

Any help would be great thanks all.

sounds to me like you could both also be deemed as vulnerable

I think you need to contact the council CEO

and get your MP involved too.

do you agree with the overpayment or have they got their wires crossed?

The council seem to think that I must be divorced to get any discount as they wont reduce my CT payment from full. and ask when my husband and left me and that I must prove it.

We dont intend to divorceicon but all this is a strain as we both know I will not be able to manage alone.

In principal no separation is needed for parties to have their own 'sole or main residence' however I can see why council may consider that he has not permanently left the property (which would be a requirement to award the discount),

Ultimately the only body who can make a binding decision on the matter is the Valuation Tribunal if the council don't agree,

Craig

Could you not get your husband to show the Council his rent book or proof that he has bought his own house.

if all else fails, say that your husband is getting to the stage where he is unable to care for you especially as it entails travel every day from his property and ask that the Council provide you witha nurse and meals on wheels etc. They may then see the light and find a better financial method that suits both you and them.

I think too that DX100 was right in his suggestions that you contact the CEO or your MP-perhaps even your local councillor.

Thanks for all your replies and the advice

I have just lost my reply that has taken me 2 hours due to my memory/speech/written problems. Gutted and need a rest now from it, i will try again.

type it in another program like notepad or something

then copy and paste it here

Yes it was last August that my income/expenidture was done by Stepchange,

The council went to court last September when I was in hospital as a day case.

I did ask for a different date and was told they would not go ahead.

I went ahead with my treatment as I had waited a long time for it.

The court were fine with my reasons as I had all the details of my treatment.

The next week i had a letter with the LA against me.

I spoke to the council afterwards and said|i could only deal in writing now as they dont keep thier word.

I will be seeing someone next week have already waited a week for this to come up appointments are hard to get.

Thanks for your reply

My husband pays for his own place and pays all his council tax there but helps me re care.

 

The council seem to think that I must be divorced to get any discount as they wont reduce my CT payment from full. and ask when my husband and left me and that I must prove it.

Surely that is the proof in the first sentence - he pays CT elsewhere so he's obviously not living with you.

How much is this debt for? Even a £5 a week overpayment over 15 years is nearly £4k! Benefit overpayments and the Limitation Act is a confusing area, but I would argue with them that due to the length of time that has elapsed, plus your personal circumstances, that they could write this debt off.

If not, then some sort of attachment of future benefits must be sought so you can get the bailiff fees removed. Even if this is at the nominal rate of £3.40 per week then the council will have to accept it - they simply have no other method of a faster recovery, certainly not the £100 a month the bailiff is asking for.

No doubt there will be cries of 'debt avoidance' but the bigger picture needs to be seen.

I have tried to be open and polite and have showed good faith by paying in full now till it was sorted.

I didnt think it would go on this long hence running out of money.

I did find an old bank statement which is low so it will be useful as it shows i have not had vast amounts.

I have been ill for some years and have needed a carer. due to my condition.

My side of the situation was all sent in the paper work/supporting information including some medical things to the DWP months ago from the company that deals with this sort of case, and I heard no more from them.

My husband can show that he pays his own CT and rent goes through his account but to his brother.

My husband offered a payment that was refused

(set up by a charity. who contacted the council on my behalf.)

I did not know then that it would go back so far and would not like to be held to that offer.

The goal posts were moved somewhat .

We have both said that I am not refusing to pay if I owe something but cannot accept that I owe all this as I have not even left the house alone for many years and do not lead a extravident lifestyle.

All at this house is in my name so it falls to me.

Is there an amount of time that it is reasonable to have to wait for some sort of answer.

I dont want to put too much on here that will make it clear who I am re Trolls.

I will send detailed information privately if that is allowed.

Thanks for taking the time to reply.

we don't allow trolls

so please don't think that is a reason to not post details that might assist people further.