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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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Hi all,

 

Thanks in advance for your assistance, my wife has receive a letter today with the below information:

 

"My records show you have an outstanding balance of £279.72 in respect of ****** (address) for the period 7.1.13 to 17.2.13"

 

My question would be ... is this enforceable and would the statute barred rule come into play for the amount of time that passed?

 

Thank you

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Yes

No

 

Send them their free sar on their site to prove they hold the required proof


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The statute barring period for housing benefit overpayments runs from the date of the decision letter informing your wife of the overpayment. It is possible the a decision was made years ago and she ignored or didn't receive the letter. Even so, as the period of the overpayment is up to 17.2.13, at the earliest, the debt would become statute barred six years from that date (England and Wales) so at least 17.2.19. And it is very likely any decision letter was produced after that date so the debt is not statute barred.

 

Even if the debt was statute barred, benefit overpayments can be recovered by deductions from current benefits or a deduction of earnings attachment without the need for a CCJ.

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gov't debts like this are never SB'd

 

dx


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Benefit overpayments can be statute barred, the cause of action accrues from the date of the decision on the overpayment.

 

Section 9(1) of the Limitation Act 1980 applies:

 

"9 Time limit for actions for sums recoverable by statute.

 

(1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued."

 

https://www.legislation.gov.uk/ukpga/1980/58/section/9

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over payment of benefits are a gov't debt

they cannot become statute barred.

they can still recover them from future benefits or a DEA.

 

the only thing SB prevents in E&W is legal enforcement.


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Yes, they can be recovered from benefits or through a DEA, I wrote that in post 3. But they can be statute barred as no court action can be taken to recover the debt. Where a person is not receiving benefits or on PAYE, the debt is unenforceable, there is no requirement in law to repay the debt, and no enforcement action can be taken.

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they don't need to take any court action regardless of the age of the 'debt'- that's the whole point.

 

in all effect..statute barring on a gov't debt is immaterial..hence, they can get it by hook or by crook.

unlike say a bank or a dca …

they can raid your future income and theres nowt you can do about it unless you make them prove they have the required documentation...hence the sar.


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The DWP and local councils will make a money claim where the debt is unrecoverable through benefits or PAYE, statute barring is very material in those cases. This debt is almost statute barred hence the letter, it is likely that the benefits and PAYE route has already been tried and failed.

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I think we need to know the circumstances for the over payment. If the over payment was a mistake by the housing authority then they cannot claim it back as it would be deemed an "official" mistake.

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If the over payment was a mistake by the housing authority then they cannot claim it back as it would be deemed an "official" mistake.

 

It's not quite as simple as that, where an overpayment is made resulting from official error, the claimant needs to have a reasonable belief that there was entitlement to housing benefit.

 

Regulation 100 of The Housing Benefit Regulations 2006:

 

"Recoverable overpayments

 

100.—(1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable.

 

(2) Subject to paragraph (4) this paragraph applies to an overpayment [F1which arose in consequence of] an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment."

 

https://www.legislation.gov.uk/uksi/2006/213/regulation/100

 

That clause is difficult to prove.

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It's not quite as simple as that, where an overpayment is made resulting from official error, the claimant needs to have a reasonable belief that there was entitlement to housing benefit.

 

Regulation 100 of The Housing Benefit Regulations 2006:

 

"Recoverable overpayments

 

100.—(1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable.

 

(2) Subject to paragraph (4) this paragraph applies to an overpayment [F1which arose in consequence of] an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment."

 

https://www.legislation.gov.uk/uksi/2006/213/regulation/100

 

That clause is difficult to prove.

 

The clause is fairly easy to prove if you have supplied all the documentation required, one relies on the benefits people to calculate the correct amount of benefit. They may over pay you and you would be none the wiser until they tried to claw it back. This happened with us twice over the years and in both cases we were able to prove that we had done everything correctly.

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the op has not been back since posting

yet another thread disrupted by arguing ...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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