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Inclusion of CT and HB overpayments in Bankruptcy
brimau_2
Posts: 170 Forumite
Update time! Here is my original thread.
http://forums.moneysavingexpert.com/showthread.html?t=988601
In a nutshell... I included my Overpayments in my bankruptcy order. Council were having none of it. They slyly switched my overpayments into arrears and decided to send me a court summons for last years 'arrears' and all of this years council tax (which is not all due!!) I asked this site for help and I got a fabulous letter from DebtDoctor to send direct to the Magistrates. I included my BR certificate, the DWP circular regarding action to take re: CT/HB overpayments in bankruptcy and evidence from the council themselves. I got a response today from the council....
Dear Madam,
I can confirm that as the CT benefit Overpayment occurred before the bankruptcy order, this overpayment will not be recovered from you. Your council tax has been credited by this amount, the summons has been withdrawn and an amended bill is enclosed for your attention. Regarding the HB overpayment, I have written to DWP regarding whether an attachment to your state benefit can be made (as you have not been discharged from this bankruptcy order, recovery in this manner is a possibility) Once I hear from DWP, a decision will be made regarding recovery of these overpayments. Yours sincerely blah blah blah.
They can only take repayment from my Incapacity Benefit, and ONLY if this does not leave me in financial hardship...which it will. I have less coming in than going out for just basics! All in all I am overjoyed!!!!!! ROUND OF APPLAUSE FOR :T :j DEBTDOCTOR!!!!!:j:T
http://forums.moneysavingexpert.com/showthread.html?t=988601
In a nutshell... I included my Overpayments in my bankruptcy order. Council were having none of it. They slyly switched my overpayments into arrears and decided to send me a court summons for last years 'arrears' and all of this years council tax (which is not all due!!) I asked this site for help and I got a fabulous letter from DebtDoctor to send direct to the Magistrates. I included my BR certificate, the DWP circular regarding action to take re: CT/HB overpayments in bankruptcy and evidence from the council themselves. I got a response today from the council....
Dear Madam,
I can confirm that as the CT benefit Overpayment occurred before the bankruptcy order, this overpayment will not be recovered from you. Your council tax has been credited by this amount, the summons has been withdrawn and an amended bill is enclosed for your attention. Regarding the HB overpayment, I have written to DWP regarding whether an attachment to your state benefit can be made (as you have not been discharged from this bankruptcy order, recovery in this manner is a possibility) Once I hear from DWP, a decision will be made regarding recovery of these overpayments. Yours sincerely blah blah blah.
They can only take repayment from my Incapacity Benefit, and ONLY if this does not leave me in financial hardship...which it will. I have less coming in than going out for just basics! All in all I am overjoyed!!!!!! ROUND OF APPLAUSE FOR :T :j DEBTDOCTOR!!!!!:j:T
:happyloveLife - Live it to the full, but live it wisely :A
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Comments
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Brimau that is the best news in the world :j:j. I am so pleased for you :T:T.
Debt Doctor deserves a big drink bought for him :beer::beer:. He is such a star :beer: :beer:
Wooooohoooo!!!!BSCno.87The only stupid question is an unasked oneLoving life as a Kernow Hippy0 -
Such a weight off my shoulder today!! I have been out and bought a lovely bottle of Gavi to celebrate :-D - I am SOOO happy!
DD is a SUPERSTAR!! I'd like to think the hideously smug little twerps down at the Council offices got a botty slapping from the courts ha ha ha:happyloveLife - Live it to the full, but live it wisely :A0 -
DD is a SUPERSTAR!! I'd like to think the hideously smug little twerps down at the Council offices got a botty slapping from the courts ha ha ha
Keep getting these scary pictures in my head of that!!!!
That's such fantastic news for you Brimau. I really am please for you. A victory for common sense! Well done to you and DD!! :j:j:beer::T
Chaz0 -
Nice one! - I am so glad you got there in the end.0
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Hi,
Thats really good news !:T :j :T im glad common sense won through in the end. Id love to know what the magistrates said to the council !!
:rolleyes: :rotfl: :rotfl:
Well done for carrying on the fight.:beer:
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
Hi DD,
I definatly think your letter went a long way to this result. If you are going to the meet then I will buy you a drink :beer:BSCno.87The only stupid question is an unasked oneLoving life as a Kernow Hippy0
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