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Housing Benefit Repayment- Newlyn Plc.


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Hello,

 

I have a bit of an update on the situation.

 

Following a heated discussion on the phone, the person I spoke to emailed me the following:

 

I am contacting you in regards to our earlier conversation. I have liaised with both my Senior officer and my colleague who sent you the letter on the 12th of April 2017. Firstly I would like to apologise for any distress and upset the letter may have lead to. After discussing the issue with my senior we have both come to the conclusion that the two debts were not combined as you was informed they would be on 29th of June 2016, consequently this meant one invoice was not receiving any payments therefore recovery continued; This is why you were sent the Letter before action on the 12th of April 2017.

 

I can confirm you have not received any recovery costs and the balance on the account is due to the two debts finally being combined. However I have still raised the issue with my senior and informed him you have made a complaint via the Newham website regarding the handling of your case, this will be dealt with separately.

 

The payment arrangement you had on your previous case was up to date –

 

I have now reset the invoice and your first payment is due on by 30th of May 2017 for £85.91 (May I suggest that you make this payment in two instalment for example one instalment at the end of April for £35.91 and another by the 30th of May 2017 for £50).

Subsequent payments of £50 from 30th of June 2017 should be made on the last day of every calendar month, you will receive a revised invoice confirming this. As I explained when we combine debts it generates a new invoice number I have also attached a new standing order from please hand this into your bank so they can alter the payment details they currently have.

 

I have attached an income and expenditure form, please could you complete and return it so we can ensure the payment arrangement you currently have is suitable.

 

Once again I apologise for how your case was handled we have noted all the issues you have raised, my manger and senior officer will deal with them accordingly.

 

If you have any further questions or queries please contact me on the below number or via email.

 

I am a bit concerned about showing my earnings- not that I earn a lot because I'm a carer for my mum and I only work part time, but I don't want to put every penny of what I earn towards paying them back. I don't want to pay a larger amount than I do already, which is £50 per month.

 

Technically, I don't pay rent, but I need to have that money there every month in case my mum's ex husband asks for it or if he refuses to give my mum money for food.

 

Any further advice would be much appreciated.

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Dan you afford the £50 per month based on your available income. Whilst the first payment is high, you can split it and then continue paying the rest at the agreed rate. By doing so you avoiding the DCA chasing for more. It will also be useful to you whilst your complaint is assessed as this may take a while and if found in your favour, the debt could get wiped out or drastically reduced.

 

Remember though, official errors that you wouldn't be expected to detect can be thrown back at the council. They won't openly admit an error obviously but with a bit of detective work you could demand a redetermination of relevant benefits which could also lower the amount owing. My old council did a back dated redetermination going back 3 years and removed over a grand in alleged Housing benefit overpayments which were wrong.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I can afford to pay £50, but they've asked to assess my income. I'm concerned they will ask me to pay more.

 

The DCA is no longer in the picture and they don't have my parents' address or my new number, so I don't think I will be hearing from them.

 

I'm hoping that by complaining they may take away some of the debt, because they kept screwing up. How could I get them to reassess?

 

Does anyone have any advice as to how I can maintain my repayment schedule of £50 per month?

 

Thanks!

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So long as you are paying the £50 per month regularly, just maintain that amount and ignore them. No debt collector (if they have bought the debt) will risk going to court when they are already getting paid so just carry on.

Once you have the figures from the council, you can then decide what you wish to do. I would be asking for a redetermination from the council based on the information you receive. It may be that you have informed the council of a prior change and the council didn't action it which may have caused the overpayment.

 

If you do raise a complaint to the council, inform the DCA and either tell them you are stopping payments until the complaint is resolved or carry on paying but make them aware that the account is in dispute.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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You don't have to fill in their forms at all. there forms include items that you would never think of. You can use a basic budget sheet from here and elsewhere and send them that but if you do fill one in don't forget to include sums for your personal use like going out. They can't expect you to be a hermit.

You could just ignore the request anyway. there is nothing they can do to force you.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 2 weeks later...

Hello,

 

Thanks for the advice.

They've asked me on two separate occasions for the form.

Can they increase monthly repayments if I don't submit it?

 

They've responded to my complaint, upholding parts of it but they've not said what they will do in response to it- probably nothing!

 

Thanks!

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Hi

With your £50 payments, so long as you have control of how that is paid, they cannot force more. By that I mean if you have a standing order set up or pay by online banking then you should be fine. If you pay by direct debit, they can inform you that they intend to increase the payments to a certain sum but then you have the opportunity to cancel the Direct Debit before they do. If they took money without telling you, the Direct Debit guarantee comes in.

If you have set up a continuous payment authority, cancel it.

 

You don't have to accept the complaint being upheld in part if it doesn't address the main issues, just escalate it.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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