Backdated rent chargers in MQ

Claire_2009

Hi
I was wondering if anyone knows where my husband stands legally. Three years ago when the system of him being paid changed he stopped being charged for our MQ. He informed them at the time but does not have this in writing. They have now realised and they want him to start paying back the three years rent. As this is their mistake does he have to pay this money back?

Our MQ was downgraded earlier this year. As our MQ is in poor condition and has been since we moved in, eg we have had not flooring on half of our bathroom floor since we moved in 4 years ago. If he does have to pay this money back he has been told that he can appeal to pay it back at the downgraded rate.

Claire

ICATQ

As you lived in the house for that period of time you should have paid rent at the appropriate rate, although I would feel the same. If they subsequently changed the rate and if you would have benefitted had you been there at the time then that is the rate should pay.

It is worth a challenge. End of the day you knew you should have been paying rent and you werent.

Claire_2009

Thanks for your reply. Does his position change at all due to the fact that he notified them that his rent wasn't being taken from his pay which is how it is collected and there was no way he could change this himself?

Claire

ICATQ

Claire_2009 wrote: »

Thanks for your reply. Does his position change at all due to the fact that he notified them that his rent wasn't being taken from his pay which is how it is collected and there was no way he could change this himself?

Claire

As you say there is no writen record. They input directly onto JPA to action a start or stop. I know as I had to phone them to stop them taking rent off me 4 months after I moved out. JPA then works out that it owes you the money and pays it back (eventually).

I ssume that the reverse is true with a non payment.

I find it difficult to believe that you didnt notice you didnt pay rent for such a long period of time and only mentioned it to them once.

Personally I'd fight it too. It is incumbent on them to start the JPA action. If they failed to do that, despite being told, why should you be disadvantaged? They were negligent after all.

EmmEve

I'm not sure you would get any where as you don't have any proof that he told them.

Marker_2

I don't think you can fight it. On a personal basis, if you knew you wernt paying for your qtr you should have put the money you should have been paying aside for when they do come to recoperate it. It doesnt sound like you tried hard to get them to put the system right, more likely hoping that they will just forget?! I would fight to make sure that the money they recoperate is for the right grading of house.

Out of interest have you informed MHS about the flooring and/or requested new flooring in the 4 years you've been there?

If I were in your position I would be fighting their incompetance in not being able to deduct the relevant sum from your wages but, I would have kept the money back ... just in case.

Mummy_Jo

My hubby is in the RAF and I could be wrong but I seem to remember him telling me that if they overpay you and you have to pay it back they can not charge you more than your daily allowance - i.e. one days pay per month. I am not sure if this is correct or even how you would find out. Find someone who works in Admin I guess.

Just in case they demand all the money back it may be worth checking this out.

ICATQ

Mummy_Jo wrote: »

My hubby is in the RAF and I could be wrong but I seem to remember him telling me that if they overpay you and you have to pay it back they can not charge you more than your daily allowance - i.e. one days pay per month. I am not sure if this is correct or even how you would find out. Find someone who works in Admin I guess.

Just in case they demand all the money back it may be worth checking this out.

This is the case for pay, and I think it is 3 days pay per month tops. For allowances then it is different although that may have changed agai as it does on a regular basis. As for charges for an agency I dont know.