10 year old Housing Benefit Bill

GazNicki

Since we have started to try and get ourselves straight, on of the things was getting council tax arrears in order, caused by the Tax Office saying my wife was not entitled to benefits she was at the time.

Regardless, we now pay £50 per month to clear these arrears.

Since this, 3 bills for Housing Benefit Overpayment have been sent through to my Wife from years gone by. One is dated from 04-04-1999 to 15-11-1999. Furthermore, the maiden name is spelt incorrectly on all three of these bills.

Clearly there is no housing benefit being claimed now, nor has there been for many years, but alas there are these bills that are here.

Is this right that my wife can be chased for a bill that is 10yrs old? The bills range from 1999 to 2001, so can they not be considered Statute Barred? Does the incorrect spelling of a maiden name not amount to the debt not being associated with my Wife?

We are trying to get straight and start an IVA, but each day something new has cropped up from somewhere. Weird as we were never chased down for it in the past until recently.

It just feels like another kick in the teeth when we are trying to work hard and pay our debts. please help.

Ames

I don't think that government debts become statute barred.

I'm sure you could include it in an IVA, but are you sure that's the right option for you? It's only suitable for a very small number of people, usually with assets to protect. It's only a step away from bankruptcy and if it goes wrong there are serious consequences. Have you thought about a debt management plan instead? Have you contacted one of the free companies for advice?

Sorry about the 20 questions!

fermi

Ames wrote: »

I don't think that government debts become statute barred.

Housing benefit overpayments can, in so much as they can't take you to court to recover them.

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

Benefit Overpayments & Social Fund Loans

The Department for Work and Pensions (DWP) has six years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid.

But the DWP are still allowed to make deductions from your benefit for a debt over six years old as they don't need to go to court to do this.

This applies to overpayments of benefit such as Income Support, Jobseeker's Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and paying back social fund loans.

Ames

Sorry for my mistake!

gfplux

Hello gazNicki,

I can not help with the questions over housing benefit. Worse case is you will have to pay them. For additional advise and help why not look here http://www.cccs.co.uk/ and here www.nationaldebtline.co.uk/ They both offer help for FREE.

Why not make out your SOA (link - http://www.makesenseofcards.com/soacalc.html ) Try not to guess at the figures, dig out the paperwork! However remember a partial completed one is better than none. It is in fact one of the most important things you will do to start on the road to recovery. If you want a lot of help on this forum, posting your SOA is the first and most important step. After it is done it is very easy to keep it up to date.


Good Luck

fatbelly

Take a look at your local council's website and search for 'write-off guidelines'.

You may find that although they have the discretion to write off overpayments, there would need to be other factors than time elapsed. However, as fermi has said, they are out of time for court action so all they can do (in the absence of a current claim) is pester you.

You could put it to them (maybe through a friendly councillor) that it is a waste of their time and resources to pursue an unenforceable debt.

chigley

GazNicki wrote: »

It just feels like another kick in the teeth when we are trying to work hard and pay our debts. please help.

Why should Housing Benefit be different to any other debt?

GazNicki

chigley wrote: »

Why should Housing Benefit be different to any other debt?

I never claimed it to be any different to any other debt, but it is a debt that has seemingly come from nowhere and coincidently has cropped up as we attempt to get straight.

CCCS.co.uk told me there was nothing they could do for me. The amount in was too small for the debts. "Make £1 payments to them for now and see where you are in 12 months" was the advice I got.

Baines & Earnest passed me through to Blair Endersby (for a high cost ) and they have agreed that an IVA is the only way to go for us.

I am not in the business of getting our of paying a debt, but I won't hand over my hard earned cash to pay a debt that someone has let get 10 years old. I don't look to use legal loopholes to get out of paying a debt, but in this case I feel it is their fault not ours that the debt has been un-chased for over 10 years.

fatbelly

GazNicki wrote: »

Baines & Earnest passed me through to Blair Endersby (for a high cost ) and they have agreed that an IVA is the only way to go for us.

IVA-pushers the pair of them.

I wouldn't trust them for impartial advice.

If CCCS are saying '£1 payments', how are you going to afford an IVA?