Housing Benefit Repayment- Newlyn Plc.

[purple_rain]

Hi everyone,

 

I would appreciate your advice on this matter.

 

I received a letter from Newlyn about a month ago regarding an overpayment of housing benefit from Newham Council,

amounting to around £2200.

 

I contacted them straight away asking for details, as the council has never written to me at my new address.

Newlyn said they didn't have any details, as they had only held the account for several days.

 

I then started getting phone calls every couple of days.

When I couldn't come to the phone, they would leave me a voicemail and I always returned their calls.

 

I explained the situation again the second time I spoke to them and the lady told me which period the overpayment was for

to which I replied that it was still insufficient information, but she said she didn't know any more.

 

I've contacted the council, requesting to know why they think I owe them money and asked for a statement of payment from them.

 

I've spoken to Newlyn at least twice after this and explained on every occasion that I've contacted the council

to enquire about the situation but have yet to receive a reply.

 

The people on the phone said they were unable to 'hold' the account,

even though I've done everything I can and they're not providing me with a reason to pay.

 

I have received an automated response email from the council stating they have received my enquiry

and they will respond to me in due time, but Newlyn won't leave me alone.

 

In the past few days, they have sent me a letter that was addressed to 'the occupier'

requesting for a forwarding address for me even though, I've contacted and spoken to them many times.

 

I don't know how to proceed. I can't pay them

- I don't have the money, but also I don't see why I should pay when I haven't been given reason to.

They've said "you owe this much, now pay up" and that's pretty much it.

 

I'm really stressed out about how quickly this is escalating and I'm really frustrated as to why I'm expected

to pay when they haven't even explained to me why I owe them money.

 

I'm struggling to cope with this and I feel really trapped.

 

Thanks in advance to anyone who responds.

 

Zoe

[i hate bailiffs]

I would in writing another letter to the council

This time marking it FORMAL COMPLAINT

 

They will have to deal with it in a set time limit otherwise you can take things further

Local councillors and MP should help

[obiter dictum]

Newlyn are Baliffs are they not??

 

Why are they demanding money, has the council been to court and got a liability order for this overpayment??

 

I had an overpayment myself and i paid it back direct to the local authority via a statnding order

[brassnecked]

Newlyn may be acting as mere DCA hers as if it was as bailiff there would have been a knock on the door by a nasty Newlyn drone by now.

Formal Complaint as per Ihatebailiffs, and contact local ward councillor.

It is the same Council as previous address?

 

I think the council would need to go to County Court for a CCJ for Newlyn to enforce as Bailiff?

HCEO, as it is Housing benefit overpaid not Council Tax so a Liability Order cannot be sought for this.

Try to find out how the "alleged" overpayment arose, it could even be for someone else with a similar name.

 

Have you had a change in circumstances or some other change you didn't tell the council about, or have they applied "Bedroom Tax" to your account and the overpayment is for unoccupied rooms?

 

What is your income at present, work or benefit, and do you have dependents living with you and do you still have a "Live Claim" for Housing Benefit at your current address

 

Have a look at this link: https://www.newham.gov.uk/Pages/Services/Housing-benefit-overpayments.aspx

 

Please come back with answers so that best advice for your situation can be provided.

[dx100uk]

totally ignore the silly DCA

 

deal only with the council.

 

they ARE NOT BAILIFFS - its their DCA wing.

and they have no legal powers whatsoever.

 

never ever pay or enter into comms with a DCA regarding a supposed Gov't 'debt'

 

dx

[purple_rain]

Newlyn may be acting as mere DCA hers as if it was as bailiff there would have been a knock on the door by a nasty Newlyn drone by now. Formal Complaint as per Ihatebailiffs, and contact local ward councillor. It is the same Council as previous address?

 

I think the council would need to go to County Court for a CCJ for Newlyn to enforce as Bailiff?HCEO, as it is Housing benefit overpaid not Council Tax so a Liability Order cannot be sought for this. Try to find out how the "alleged" overpayment arose, it could even be for someone else with a similar name.

 

Have you had a change in circumstances or some other change you didn't tell the council about, or have they applied "Bedroom Tax" to your account and the overpayment is for unoccupied rooms?

 

What is your income at present, work or benefit, and do you have dependents living with you and do you still have a "Live Claim" for Housing Benefit at your current address

 

Have a look at this link: https://www.newham.gov.uk/Pages/Services/Housing-benefit-overpayments.aspx

 

Please come back with answers so that best advice for your situation can be provided.

 

The repayment is owed to Newham but I currently live in the borough Haringey.

This was from a couple of years ago-

I think what happened, although I don't know for sure, was that I was on JSA and HB

and then I moved house and was told everything would be moved across accordingly.

Obviously something has gone wrong. I'm not working at the moment but not on benefits either.

 

totally ignore the silly DCA

deal only with the council.

 

they ARE NOT BAILIFFS - its their DCA wing.

and they have no legal powers whatsoever.

 

never ever pay or enter into comms with a DCA regarding a supposed Gov't 'debt'

 

dx

 

I had a friend who told me this, but they just won't leave me alone and I was worried it would get escalated.

 

Are they able to transfer the claim to the bailiffs department and what happens if I don't deal with them?

 

I've emailed the council regarding this so that it is done in writing and there is a trail of written evidence, but like I said I've not heard back.

 

Is it ok to wait for them or do I need to follow up again?

It just seems a tad weird that they want money from me and I'm chasing them up.

[i hate bailiffs]

It can not be transfured to the bailiff department there can not be bailiffs without first going to court

Deal with the council and them only

[dx100uk]

Please don't get spoofed

 

They are not newlyns bailliff s

In this instance it's the dca part of the business

And cannot be escalated anywhere

 

Of course they won't give in

That's all the powers (haha) they have

 

In your innocence you contacted them

They think they've found a mug

That might well pay them...don't!

 

If you think this might not be owed

The ask the council for documentary proof that you do owe it

 

Ignore the dca

 

End of

Dx

[purple_rain]

Hi everyone,

 

I posted a thread on here a while back ( I don't know where it's gone)

about Newlyn hounding me to pay housing benefit back,

but they won't tell me why I owe the money and the council haven't responded to my email.

 

I was advised to not answer their calls or respond to their letters, which is exactly what I did.

However, I have since moved homes and changed my number.

 

I'm assuming I don't have to let them or the council know and it's down to them to find me?

 

I'm living with my mum who is not very well at the moment and I would rather she didn't find out about this.

I was just wondering how they would find me?

 

Would they be able to find me as soon as I get a job or can they only find me through registered bills?

 

I should add that my bank accounts have always been registered to my mum's address

and I recently set up a direct debit with the gym.

 

Will this cause problems?

I'm quite anxious about this.

 

Thank you in advance for your help and Merry Christmas guys!

[dx100uk]

threads merged

I refer you to post 7

 

 

dx

[purple_rain]

Thank you but are they likely to find or contact me back at my mum's address if I start a new job under this address or set a direct debit up with the gym to this address?

[dx100uk]

:noidea:

 

but whatever they do

you ignore them.

 

they are a DCA NOT BAILIFFS

 

dx

[purple_rain]

Ok duly noted.

 

Last question- if I end up moving abroad,

should I at least notify them so they won't harass my mum?

I'm most likely going to have a bank account still open in my name.

[antone]

Nah, don't tell them if you move abroad. If your Mum receives a letter from them addressed to you she should return it, unopened, marked "Not at this address". If they call her at a number you used to share with her (a landline, say) she should say "Ms Purple Rain does not live here" and refuse to enter in to any more discussion on the subject, flat out hanging up on them if required. They will eventually find an easier target.

 

Whatever you do, though, make sure you get a satisfactory answer from the council about this. Overpayments can be appealed if you think they've made a mistake.

[dx100uk]

you ideally need to deal with the council before you go

as even if you return

they will still chase you for the debt, [the council]

 

 

why not send the council an sar?

dx

[Nystagmite]

I know DWP don't charge for these. Do the council?

[dx100uk]

I believe its free

 

was already looking..good thinking batman!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?84598-Housing-Benefit-Overpayment

[purple_rain]

Thanks for the replies. I will continue as normal and if and when I receive a letter from Newlyn I shall ignore it.

 

It's not set in stone that I will be going abroad,

so I guess I will cross that bridge when I come to it

 

- I just don't have the money to pay them back and I know they won't budge.

 

I'm stuck repaying HB I was entitled to because I was given incorrect information when I moved boroughs.

 

Even though I was told by one of the staff it was an error on their part,

I had to repay the money because it belonged to the public.

I just don't want to be stuck repaying more HB that I was supposed to be getting.

[Surfer01]

BTW if it is an official error by the Housing dept they cannot claim it back.

 

See http://www.legislation.gov.uk/uksi/2006/213/part/13/made

 

Similar happened to us a few years ago until I pointed out this important piece fo legislation.

 

It was dropped as I was able to show that they had made the mistake and not us.

[purple_rain]

Hello everyone,

 

I hope I'm posting this in the right place.

 

I've asked about this before in a separate thread.

 

I am having issues with a London Borough who claim they overpaid my benefits.

I tried to appeal but they decided against it and insisted I pay back the money.

 

About 3/4 years ago I set up a direct debit to pay them back £50 every month, which isn't very much.

And then last year I started getting letters from debt collection agencies asking me to pay thousands of pounds back but they wouldn't tell me why or how.

 

I emailed the council and 8 months later,

they emailed back saying that I owe two amounts and normally they would combine the debts,

but they haven't on this occasion and they would like to.

 

I was getting harassed by the collection agency and it's been very stressful and I'm pretty sure they've added other charges on top.

They asked me to fill in some forms for income expenditure,

which I left and eventually forgot to do (my fault).

 

It was a rather hectic time and I wasn't working and my income was even less than before and I thought since I'm already paying,

there's no big deal.

 

I've just come back home after several days away to find a letter stating that they will ask for a CCJ to be issued against me.

 

I know I didn't fill in the forms,

but I don't understand why on their end they're so disorganised to the point that they didn't even know to combine the debts in the first place and they sent people calling me day and night and sending me letters multiple times in a week.

 

Please advise me on what to do.

 

I will call them tomorrow morning when they are open but please advise me on anything else you feel is appropriate.

 

Thanks

[silverfox1961]

Hi

It seems you have just accepted the councils word for the overpayment.

 

The questions I would ask are:

 

How did the overpayment arise?

Roughly how much are we talking about?

Why, when you were paying the council did they pass the debt onto a DCA?

Has the amount owing been increased since the passing over of the debt?

 

 

The usual reason for overpayments to arise are when the tenant has failed to send a Change of Circumstances letter. It is also known that councils do not update their systems when a letter is received. For overpayments occurred due to official error and you would not have been in a position to notice then that 'might' get written off. A council will never admit they have made a mistake as it costs them.

 

As you do not recognise the amounts owing, I would send the council a SAR to get all the data they have on your account which may give clues to how the amounts add up.

 

dependant on what comes back, you may have grounds for a complaint and if not resolved, you can go to the Local Housing Ombudsman to get an independant review of your case.

 

As for sending income and expenditure forms to DCAs, they expect any spare money to be paid to them at the expense of you having a life. If you do choose to send one, don't use their forms, use ours.

[purple_rain]

Hello,

 

Appreciate the reply. I was hoping I'd hear back before bed.

This is seriously stressful to come home to after a relaxing holiday.

 

The overpayment arose after I moved boroughs whilst on JSA and HB.

 

I was told at the JC that when I transfer JSA claim,

everything would be taken care of automatically.

 

Of course, the council didn't take that on at all.

They said it was my fault for not changing things over.

 

I was told by people in the original JC and the one after everything was fine and that I was receiving HB as I should be and it all looked ok on their system.

The council said that it's still not their fault and it's my fault.

Although, one time when they spoke to me on the phone they admitted that although it was "a human error" (their words not mine) that I would still have to repay because it's the public's money.

 

I was suffering with really bad depression mainly because of this.

They had worn me down so much, I didn't even know what to do.

They just kept saying I owe them huge amounts of money and I was worried my benefits would get cut off etc.

 

We are roughly talking about just under £5k according to them.

 

I received an email back from them saying that the first amount was being paid for but their system didn't consolidate the two amounts together which was why they passed it onto a DCA.

 

I think a few hundred pounds have been added on for charges but they've not itemised the bills.

 

I've sent them a formal complaint online and reached out to my local MP for help.

I'm no longer living anywhere near London.

It's been really hard dealing with this borough in particular.

They just don't listen or accept any responsibility.

It's so frustrating.

 

Thank you again for the reply.

[silverfox1961]

As you have sent the council a complaint, you should also inform the DCA that you have done so and to stop all collection practices until the complaint is resolved. If they continue chasing after that you can then complain to them for harassment.

 

Some councils have two to three stages of complaint so you must keep escalating until everything is exhausted. After doing that you can go to the LGO.

A first stage complaint is unlikely to be much use to you but a second stage may be more forthcoming and a letter to th Chief Executive of the council sometimes helps.

 

The only thing going against you is your reliance on the Job Centre telling you mistruths. Every change of circumstances must be sent to the council as well as any other relevant body. This is usually mentioned in any Housing Benefit letter that is sent to you.

 

If you must ring anyone, please record the call. Many things are said on the phone that would never be put in a letter.

 

Any letters sent should ideally be by Signed For delivery however, that can be expensive so a free Proof of Postage from the post office should suffice.

[purple_rain]

DCA stopped contacting me, as I've moved back to my parents and they don't have my address.

I ignored them and told them I would be dealing with the council, as per advice on here, which was why I emailed the council.

 

The complaint was done via their website, but I have recorded the reference number.

 

The first JC I moved from told me a mistruth but the second one (the one I moved to),

my advisor checked on the system and told me specifically that I was receiving HB as I should be and everything looked fine on the system.

Unfortunately, she's not from the borough that is now chasing me up for the overpayment.

 

I honestly doubt they would write off the whole thing. What do you think?

I know I was very naive, but I felt very cornered at the time.

I assume any phone calls I made to them would most likely be recorded,

but I don't know whether they would still have records of the phone calls.

[silverfox1961]

Good morning,

I also doubt they will write off the whole amount but what you need is to get accurate figures from them in English. when I did a SAR to my local council for a friend, all they sent were the housing benefit notifications which are convoluted at best. So hard to understand.

 

DCAs very rarely keep recordings of phone calls as having them shows some of the shady practices they use to part people from their money. The council should keep calls for a specified period but I doubt they will have them from 3-4 years ago. If you record them, you then have a record of what was said. You cannot publish the calls themselves as you would need their permission however, you are allowed to post a transcript of any call but obscuring names.