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angryandy

Hb Overpayment Dispute (can They Send To Baliffs?)

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Hello again guys

 

It always seems to happen to me.

 

My question is this,

 

When you are disputing a housing benefit overpayment can the council actually send it to a dca or baliff?

 

It was my belief that they couldn't as the debt had to be proved first.

 

I might be wrong but if i am right could someone please give me some legal jargon i can throw back to them please.

 

I know i have not been overpaid and seriously deny this and i am prepared to go down every avenue to prove it.

 

Thanks for your help people...


Andy...

 

 

 

 

 

 

 

 

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Any help please guys.

 

I want to get my letter to the council wrote soon.

 

Any help on what to put please!!!!

 

Thanks Andy


Andy...

 

 

 

 

 

 

 

 

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Whilst an overpayment is in dispute a LA should not be proceeding via a debt recovery route. This is harassment. Also if a claimant of HB is in receipt of certain benefits, any overpayment can be recovered can be recovered directly from the benefit.


The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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Again Installspark thanks. Will let you know how i get on with the situation then


Andy...

 

 

 

 

 

 

 

 

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The Answer Is No

They Cant Go Straight To Baliffs

It Has To Go To Court First

Now A Dca Is A Different Matter

As A Lot Of People Dont Know Legislation, It May Be Passed To A Dca.

You Would Then Send A Dca A Letter Saying Its In Dispute And To Send It Back

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Can I follow on from Installspark's advice.

 

Even if there is an overpayment, the council still have to prove it was your fault before they can claw it back. If it was their error, they get nothing.

 

As for doing nothing while the overpayment is in dispute, they shouldn't but quite often they do. It happened to me (until I shouted from the rooftops) They attached my benefit to the tune of £3.95 per week.

 

Do some searching about your council. Try to find the head of the benefits department and the Chief Exec of the council.

 

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 comment made, you should see a qualified solicitor

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If An Overpayment Has Occured

The Normal Route Is To Claim It Back Through Exsisting Benefits Like The Social Fund Does

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And I thought my LA was bad :grin::grin::grin::wink::wink::wink:


The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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