9 Year Old Alleged Overpayment of Housing Benefit

[PCoombes100]

If anyone could help answer my questions I'd be hugely grateful.

 

In August 2005 I quit work to look after my terminally ill stepfather who passed away in January 2006. At the time I was claiming housing benefit in order to pay my rental costs.

 

In 2007, I started to receive letters from the council saying they had overpaid me housing benefit and wanted me to pay the money back. Despite numerous requests (by me) for information as to why they wanted the money back, I received the same fob off that I owed the money.

 

I then started to receive threatening letters and home visits by council bailiffs (I never let them in or discussed the issue), and asked for written proof of why they were visiting, and was constantly referred back to the council, who, as I mentioned above, constantly ignored my requests for information.

 

Now, 9 years after the alleged overpayment, the council have contacted my employer with an attachment of earnings order and threatened them with a £1000 fine for non-compliance. This month, the council have deducted money from my wages, with no explanation as to why I was (supposedly) overpaid 9 years ago, and have also added nearly £400 (£290 court costs and £100 attachment of earnings order).

 

If someone could advise on where I stand from a legal view as the debt is 9 years old, I have never admitted a liability, and their harassment, it would be hugely appreciated so I can put this matter behind me.

 

Thanks in advance.

[antone]

If the council will not discuss the matter with you, I'd say contact your MP and ask for help. They should not be collecting repayments from you without explaining how the overpayment has arisen and giving you the chance to appeal the decision.

[jadeybags]

This is what they do, suddenly decide you have been overpaid with no explanation at all. I got a new housing benefit award on saturday saying they were taking back £23 a week over payment. No explanation of what the over payment is, how long it goes on for. And nothing in the post today explaining it either.

I think they make it up as they go along, which might be why you have never got any explanation!

I am off there at 2.30 to find out what the heck it's about, as nothing has changed for me!...

[PCoombes100]

**update**. the council legal department have received my complaint and have asked me to provide proof that I was NOT working 9 years ago and that I should still be entitled to the money I received at the time!! This now means time off work and additional costs to yet and retrieve this information from my bank somehow..... thanks for replies so far, I'll keep you posted!!

[reallymadwoman]

HMRC may have records going back that far. Has to be worth asking just in case?

[BazzaS]

**update**. the council legal department have received my complaint and have asked me to provide proof that I was NOT working 9 years ago and that I should still be entitled to the money I received at the time!! This now means time off work and additional costs to yet and retrieve this information from my bank somehow..... thanks for replies so far, I'll keep you posted!!

 

How do they suggest you prove you weren't working?

 

Surely you can't prove it, but instead swear (on oath? Declaration subject to penalty??) that you weren't working and THEY would have to prove you were working.

 

However, is there some info missing here?.

When (and what) was their last contact before the AofE?

 

Are they (or the court) claiming any documents were sent that you say you didn't receive?

Did you receive notification of the AofE by post (they must have had the correct address??) or noticed it when your pay packet was short??

[PCoombes100]

How do they suggest you prove you weren't working?

 

Surely you can't prove it, but instead swear (on oath? Declaration subject to penalty??) that you weren't working and THEY would have to prove you were working.

 

However, is there some info missing here?.

When (and what) was their last contact before the AofE?

 

Are they (or the court) claiming any documents were sent that you say you didn't receive?

Did you receive notification of the AofE by post (they must have had the correct address??) or noticed it when your pay packet was short??

 

Hi

 

They sent letters claiming the overpayment, which I responded asking for explanations on many occasions, however I never received one.

 

Then they sent bailiffs, who I contacted and asked them for information, which they were unable to provide.

 

Then they contacted my employer and threatened them with a £1000 fine if they didn't deduct money!!!

 

My bank have verbally stated they won't go back 9 years+ in statements but the council are demanding written proof of this!!

 

Stuck!!!!!!

[antone]

Have you contacted your MP or local councilor? Because this is getting out of hand. If a debt does indeed exist, someone somewhere must have paperwork to show it.

[BRIGADIER2JCS]

Hi

 

They sent letters claiming the overpayment, which I responded asking for explanations on many occasions, however I never received one.

 

Then they sent bailiffs, who I contacted and asked them for information, which they were unable to provide.

 

Then they contacted my employer and threatened them with a £1000 fine if they didn't deduct money!!!

 

My bank have verbally stated they won't go back 9 years+ in statements but the council are demanding written proof of this!!

 

Stuck!!!!!!

 

 

 

 

 

A SAR to the bank, it must keep data for 6 years after an account is closed so they may have the statements.

[f16]

HMRC Must have a record of Employer NI contributions that can prove your case.

[Shelley181146]

Payroll records are only usually retained for 7 years - not sure if this applies to HMRC or not.

[BRIGADIER2JCS]

Payroll records are only usually retained for 7 years - not sure if this applies to HMRC or not.

I believe the HMRC must have NI records as these are used in pension calculations.

[Shelley181146]

I believe the HMRC must have NI records as these are used in pension calculations.

 

Ah, yes of course. So if HMRC have no record of NI contributions then that would suggest no employment at that time.

[BRIGADIER2JCS]

Ah, yes of course. So if HMRC have no record of NI contributions then that would suggest no employment at that time.

If you were unemployed your contribution record would show the NI credits made while on benefits.