Letter of Repossession of Home even though on HB

[mumtotwins]

Hi, wondering if someone could shed some light here, i was given a repossession order on my home which i get FULL housing benefit for, the amount they are requiring from myself is £740.48 however i called my local housing benefit team and have even been down to there office on Friday and it shows that there is no rent arrears what so ever, when looking into the charges it is shown that the housing benefit team had overpaid housing ass by £517.41, now here is the tricky part, i do not pay this to housing ass, it comes directly from housing benefit straight to housing ass, therefore i do not see what is being sent or recieved, i have looked on my rent statement that was inclosed with the repossessions order and now housing ass are billing me £517.41 for the HB overpayment.

 

What i want to know is if they can do this to me when clearly it does not have anything to do with me, when housing ass agreed to take the rent directly from HB they were told they would be libale for any over payments, I do not see why i have to give it to Housing Ass when it was there error, they should of told HB.

 

Please someone help me, i'm going out of my mind with worry at the thought of being in court. Can housing ass actually ask me for the HB overpayment, even though it has nothing to do with me?

[applecart]

Hi ya

 

sounds to me as though someone somewhere has 'got their wires crossed'!!!

 

you can clearly prove that the 'rent' is paid direct...

 

you have seen that the rent has been overpaid....

 

You can show that the rent is paid 'direct'

 

If I was you I would get a solicitor to 'defend and counterclaim' ..........your defence is for the fact that there is no arrears at the time they have brought proceedings against you...... and your counterclaim needs to indicate that they have mis-represented the facts and have caused you to 'suffer' due to their breach of the Human rights act section 1 (i think it is).

 

Hopefully others will add to this for you - remember also, if you cannot afford a solicitor, there should be an official at the court who will assist you on the day for free in a possession claim.

 

Apple : )

 

 

 

Get you evidence - stack it up - and shoot it at them - maybe this will make them think twice when it comes to serving such an claim against you in the future!!

[mumtotwins]

Hiya i did not see there was an overpaidment a letter was sent to me on thr 16th December telling me an overpayment had been made to housing ass and that i owe nothing and not to worry. But 2 months later i get a statement attached to the possessions claims with it there, otherwise i'd be none the wiser.

[mumtotwins]

bump.