Overpaid housing benefit repayment offer refused....help!

[ka1974]

I'll try and keep this as brief as possible. From 2007 to 2010 I was a full time uni student on a fixed bursary with two dependant children and a single mother. I applied for housing benefit and an official came to the house to complete the claim paperwork.

 

I cant remember the exact figures but it meant that I had to pay roughly half the rent and the rest was housing benefit. About 12 months later I was told my rent account was significantly in credit because housing benefit had been increased, when I contacted them I was told the figures were correct so I adjusted the amount of rent I was paying accordingly.

 

During the 3 years my child tax credits increased only due to inflation as did my rent and my personal circumstances never changed. At the end of my course in October 2010 I contacted housing benefit to report a change in circumstances and they came back to me saying I had been overpaid housing benefit. Initially I was told it was about £700 but they accepted this was likely to be their error and they were looking into it.

 

A few weeks later they told me that in fact it was about £2000. Again I was told not to panic as "most" of it was probably their error. The final figure they arrived at was just over £5000! To say I am horrified is an understatement! For the past 2 years I have argued the fact that this is their mistake and have written 2 letters of appeal which they have "lost" on both occasions.

 

The case has also been passed around to different people so it was hard to keep track of who I was dealing with and I was constantly having to repeat myself. A few weeks ago I received a letter saying that the council had taken the case to court and I had been found liable. If I had known it was going to court I would of liked to of had the opportunity to put my side to the judge.

 

I have now been told I have to pay even though I dispute it. I was told to write them an income and expenditure and make an offer of payment. At the moment although I am managing to pay my bills I have some big expenses that are looming, car is due its MOT and I know it needs a lot of work doing. My son will be starting college soon and I need to buy equipment which will set me back nearly £300. The house is in a poor decorative state. My son has shot up in height and desperately needs new clothes etc. Anyway im waffling so I'll get to it.

 

I made an offer of £20 per month and wrote a covering letter explaining my present circumstances and asked that they accept this nominal offer for 12 months and then look at it again when im hoping my circumstances would be improved. They have declined this offer and are demanding £50 per month for 6 months then £60 per month for 6 months and then they will look at it again! Its almost like they havent even bothered to read my letter properly. What do I do next?

Edited May 10, 2013 by citizenB
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[citizenB]

This doesn't sound very fair at all.

 

Most of the people who would be advising on this type of thing will just be getting home from their day jobs and will almost certainly pop in and advise later on today.

[postggj]

who told you the council had taken it to court

[ka1974]

I found out when a letter came from the court stating I was liable for the outstanding amount. So fed up with the whole thing.

[ka1974]

Anyone able to offer any advice with this? Really starting to get stressed.

[citizenB]

Have you received any notice from the Court to say that you have to pay what is being requested ?

 

If not, then you must ask the Council for a copy of the paperwork. If the court has ordered you to make certain payments, then you will be able to submit a variation request. But you need to see that paperwork from the court. If they council wont provide it. Ask what court issued the order, and contact them direct for copies of the paperwork.

[ka1974]

The letter came from the court stating I was liable for the amount. Received another letter from the council yesterday saying they had applied back to the court of an attachment of earnings order! Thats another £100 added to the cost! Im fast running out of options here. Is there anyway to halt this?