Housing Benefit Overpayment CCJ - help set aside

[detectivedigestive]

Hello everyone I am new here

 

the time has come for me and my girlfriend to apply for a mortgage for our first home together.

We have a meeting booked with a mortgage broker next week,

and he asked us to get credit reports ready for the meeting,

my girlfriends came back fine,

but I've found a CCJ was issued on mine from 2011!

 

After a lot of phone calls I've found out that this CCJ, for £94,

was from an over-payment of housing benefit when I was unemployed for 2 weeks in 2010.

 

 

Wigan Council paid me for 4 weeks when I was only due 2 weeks.

Because I was in financial hardship at the time I ended up moving out of the council house I lived at

and moved in with my dad to get back on my feet.

 

 

This CCJ was issued way after I left that property and for such a small amount its infuriating it could hamper my plans to buy a house.

 

I've done some research and I want to attempt to get it set aside.

Wigan Council have been very unhelpful currently,

I sent them an email asking about what had happened 2 because up until this point I have been completely ignorant of this

- I've never had a problem getting credit (credit cards, DFS finance, phone contracts etc)

so I have, probably naively, never felt the need to check my credit report.

 

 

The rest of my report is immaculate, no late payments, no defaults etc.

 

Because it was so long ago, and I was 20 at the time, I don't have any paperwork from leaving,

proof I told Wigan Council I've left, even any paperwork from when I signed on for 2 weeks.

 

 

I'm hoping I can get this by sending an SAR to Wigan Council and them giving me the info, but god knows how long that takes.

 

From little bits I've read online my only possible defence I can fathom is the following:

 

• I did not reside at the property when the court papers were sent.
  
• I did not recognise Wigan Council as a creditor as the over payment was in error.
  
• If I legally owe the money, I have no issue paying it back.
  

 

And that's about it. I wasn't out of the country, my dog didn't eat it, I have no decent excuses just the truth which is I had no idea this was happening!

 

Do I have a leg to stand on?

I'm aware ignorance isn't a defence really

but without meaning to be dramatic I am scared this is going to ruin my chances of getting a mortgage for 18 months

until it disappears and all for a measly £94.

 

 

Any help or points in the right direction would be much appreciated!

 

P.S. sorry if this is in the wrong forum!

[obiter dictum]

Since when do local authorities get CCJ for over payment of housing benefit??

 

If the CCJ was awarded in 2010 you only have 12 months left before it is removed from your credit files.

 

The best option will be to see it out in my opinion as very little can now be done. Only a judge can set aside the CCJ, After 5 years that will be like winning the lottery

[detectivedigestive]

Since when do local authorities get CCJ for over payment of housing benefit??

 

If the CCJ was awarded in 2010 you only have 12 months left before it is removed from your credit files.

 

The best option will be to see it out in my opinion as very little can now be done. Only a judge can set aside the CCJ, After 5 years that will be like winning the lottery

 

I agree. It wasn't even £94 there is some charges on there too, I think I owed them like £34!

 

2010 is when the "offence" happened... it was issued on 28 January 2011. Month after my birthday, they probably sent the court documents in a birthday card.

[dx100uk]

1st time I've heard of a council getting a CCJ..for a benefit overpayment

 

 

dx

[detectivedigestive]

1st time I've heard of a council getting a CCJ..for a benefit overpayment

 

 

dx

 

That's part of my problem with it. I thought CCJs were for credit. I didn't realise housing benefit was a type of credit, so basically they pay you with the intention of you still being eligible for benefits for the whole month. Its just a bizarre situation and there is very little information online.

 

If I still want to pursue getting it set aside do you have any advice?

 

 

Thank you!

[SabreSheep]

the £94 would include court costs.

 

I think you need to get a copy of the judgement first. Not sure this is what you think it is

[detectivedigestive]

the £94 would include court costs.

 

I think you need to get a copy of the judgement first. Not sure this is what you think it is

 

I can't find in black and white on the net specifically Wigan Councils process of recovering the overpayments but Rutland County Council state pretty clearly they will obtain a CCJ if you don't pay it back. (Google "ccj overpayment of housing benefit" I'm too new to post a link)

 

I got told by the court it was from Wigan Council over the phone, then I called Wigan Council and they told me it was for housing benefit over payment.

[AndyOrch]

Thread moved to the appropriate forum

 

Regards

 

Andy

[mmfhater]

I've been overpaid hb and they said in the last letter if I don't reply they will go for a ccj

[detectivedigestive]

Thread moved to the appropriate forum

 

Regards

 

Andy

 

Thanks Andy.

[obiter dictum]

I was overpaid housing benefit myself when i left mid month.

 

All you have to do is ask to pay the arrears off weekly.

 

I pay mine at £5.00 a week by standing order as i am on ESA.

 

All they want to see is a commitment to repay.

[detectivedigestive]

I was overpaid housing benefit myself when i left mid month.

 

All you have to do is ask to pay the arrears off weekly.

 

I pay mine at £5.00 a week by standing order as i am on ESA.

 

All they want to see is a commitment to repay.

 

I don't have money issues, I can pay it all. It's just the CcJ that's upsetting me haha

[obiter dictum]

Having money worries/ issues is no laughing matter to those experiencing it through not of their own making

[SabreSheep]

Well sadly if they have indeed got a ccj, you are stuck with it.

 

You could apply for a set aside which will cost you in excess of £150, but you are unlikely to succeed unless you have a very good reason for not replying to the N1 claim form AND have a very good defence. Something I do not see form the facts already presented.