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friend in need regards paying back a social fund loan

a ffiend of my sister had a social fund loan about 9 yearsago which she knows she paid back each week through her income support. my sister knows she paid it back also because she moaned how skint it was making her at the time.

anyways 9 years later they have just contacted her to say she hasnt paid them a penny and that they want the money now. she turned her house upside down and found 2 letters from years ago stating the different amounts they were going to take out of her IS. shes contacted them and told them she has these letters and IS people have responded by saying that is not sufficient proof and they have no records to show that she has repaid the amount.

so what can she do? should she offer to meetthem halfway? seek legal advice?
There's someone in my head, but it's not me

Comments

  • tina68
    tina68 Posts: 461 Forumite
    Anthillmob wrote:
    a ffiend of my sister had a social fund loan about 9 yearsago which she knows she paid back each week through her income support. my sister knows she paid it back also because she moaned how skint it was making her at the time.

    anyways 9 years later they have just contacted her to say she hasnt paid them a penny and that they want the money now. she turned her house upside down and found 2 letters from years ago stating the different amounts they were going to take out of her IS. shes contacted them and told them she has these letters and IS people have responded by saying that is not sufficient proof and they have no records to show that she has repaid the amount.

    so what can she do? should she offer to meetthem halfway? seek legal advice?

    No tell her seek free legal advice immediateley..don't meet them half way..she knows and you know she paid it back and it's up to them to proove otherwise..
    on this day 23/05/1430
    Joan of Arc captured and delivered to the English
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They need to prove she hasn't paid it back, ask for proof. In most cases benefit related records aren't kep for anywhere near 9 years.

    If she ha s evidence to say it was paid, ask them for proof that it wasn't, its very unlikely they've still retained any paperwork.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Anthillmob
    Anthillmob Posts: 11,780 Forumite
    cheers everyone. have advised her as she was at my sisters when i popped round today to do nothing except seek legal ADVICE VIA LEGAL AID.

    apols for shouting, my fingers are fat today.
    There's someone in my head, but it's not me
  • Makeupworld
    Makeupworld Posts: 26 Forumite
    It doesnt matter if it was 9 years ago, The system will show any loans that have not been repaid for any number of years. I would firstly write to the sociial fund department stating what the problem is. Include a copy of the letter from IS and ask them to look into your record. It may have been that amount were deducted clerically from you claim and it could be a system generated letter. So dont panic just yet. If your friend is still on income support they should be able to see what deductions have been made from the benfit. You need to ask them to check your clerical casepaper. You can even request to see these documents to see what information is recorded. hope this helps
  • Anthillmob
    Anthillmob Posts: 11,780 Forumite
    cheerswillpassthaton
    There's someone in my head, but it's not me
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