statute barred housing arrears

debs2332

hi, i really hope some one can give me advice i will try and keep this short, i was on housing benifit in 1998 until 2002 july and then moved in with my partner and came of benifits completely then this year 2010 we split up and i contact sheffield housing who said i was still on there housing list from 98 and i could make bids then today i got a letter stating i owed them over £1800 i am almost certain i owe them nothing i have had no contact with them for this bill ever since i left aclaim for income support etc now they say i have to pay this before i can move. i am so angry that they never bothered to get incontact until now can someone please tell me if statute barred covers this the man from housing says he will send me all information on what i owe (i say nothing ) but i cant proof i am right even by seeing the information i cant remember after all this time and proof that they notes are wrong when they have it in black and white please help thankyou

fatbelly

Hi Debs

The concept of 'statute barred' debt means that they cannot take court action. It doesn't mean that the debt ceases to exist.

So if you are asking for help from a local council or housing association and they believe you owe them money then I can see where they are coming from in not being very helpful.

Have a close look at what they send you - maybe get your local CAB to take a look at it too.

McKneff

I really dont think that this sort of debt (ie council/dwp debt etc) is ever statute barred. Sorry.

Im sure I read something to that effect on these boards.

I am quite happy to be corrected if I am wrong though

DarkConvict

Yes, statute barred in England and Wales means they cannot force you to pay by court action (CCJ), but the debt still exists. Tax on the otherhand can go statute barred.

This means with benefits, if it is overpaid then they will simply get it repaid back by the benefits you are eligible for. So if you owe £1000, and get £100 a week. After 10 weeks it would be paid off and they will start paying you again.

Can you provide proof that you only got what you were eligible for, generally benefits are paid on the information you give them, if it is not up to date or you continue to receive benefit even after changed circumstances then the debt will stand.

oscar52

I agree with McKneff.

Over paid means tested benefits DO NOT become statute barred and are recoverable at ANY time.

Hannah_10

Well even if it is statute barred they're not going to offer you a move until it's resolved. That still doesn't mean you should get stung for a large figure you don't really owe though.

If you're certain you should not owe this money and there has been a mistake I suggest there are a few things you could do. You have a legal right to see everything an organisation holds on you. This might cost you a tenner an organisation, but a few lots of a tenner isn't much to compare to £1800. You might wanna get some help from the CAB with this if paperwork isn't your thing. In your shoes I would send a SAR (subject access request) to the council who paid the housing benefit back in those days, the benefits agency and Sheffield Housing. This'll cost you £30. What a SAR means is they then have to send you every little tiny bit of information thier file holds about you- and I do mean every scrap. If there has been a mistake then it'll show on those records and if you can put the puzzle together then you have a hope of getting it put right. There is a fair chance that after so long some, or maybe even all of the records you would be hoping to see have been deleted. Even if you do manage to see all the relevant records from that period you still might not be able to work out how this mistake happened, so there are no guarantees at all.

Basically, for £30 and some effort with the paperwork you might just get that £1800 put to rights. If it doesn't work you will be out of pocket £30 and you are gonna have to pay it off or not move house.

Hannah_10

oscar52 wrote: »

Over paid means tested benefits DO NOT become statute barred and are recoverable at ANY time.

Guys I don't think (s)he means an overpayment of a state benefit. I think (s)he means that a housing association (Sheffield Housing) think that she has rent arrears. I could be wrong, but I think the amount alledged to be owed is not alleged to be owed in welfare benefit overpayment, but in rent.

If I read it right then it's not an overpayment that needs checking out, it's a potential underpayment.

debs2332

thankyou for your help, as i dont have anything wrote down, its thier word against mine reciepts were lost by them somethings dont change, all i remember is one day rent man called at my door in 1999 and told me rent was going up (i was working never missed rent) and because of this change i really couldnt afford to work. claimed housing benifit and they said this bill is from then. feel like i am going mad , housing told me to goto howden house i might get it wiped off, well i dont owe it but told i do . they have it in writting thats ok for them they have it all i have no proof how can i remember 9/10 years ago beggers belief they left it this long again thankyou

fatbelly

Hannah_10 wrote: »

Guys I don't think (s)he means an overpayment of a state benefit. I think (s)he means that a housing association (Sheffield Housing) think that she has rent arrears. I could be wrong, but I think the amount alledged to be owed is not alleged to be owed in welfare benefit overpayment, but in rent.

That's how I read it too, Hannah

oscar52 wrote: »

I agree with McKneff.

Over paid means tested benefits DO NOT become statute barred and are recoverable at ANY time.

McKneff wrote: »

I really dont think that this sort of debt (ie council/dwp debt etc) is ever statute barred. Sorry.

Im sure I read something to that effect on these boards.

I am quite happy to be corrected if I am wrong though

Here's your correction (National Debtline):

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.

tallyhoh

Sounds likely that your application for rent rebate was mislaid in some way. Was the same application for council tax, Was this paid? You need to check with whoever administers it.

While the debt may be statute barred, that does not mean it ceases to exist & the landlord can refuse your applicaion for housing while it is outstanding.

Hannah_10

Dabs if your not a paperwork person then print this thread off (this internet page your reading right now) and take it to the CAB (the Citizens Advice Bureaux- it's listed in the phone book or CLICK HERE to find your local one) and let the advisor have a read of it. They'll help you do all the paperwork.

What we're telling you is it's not your word against theirs and if you really don't owe it there are ways to prove it, even now.