Coventry City Council Housing Benefit Overpayment

rfowler1

Hi all,

I have a long story and hope some one can give me some advice.

Four years ago I was out of work and waiting to start at University as a mature student. During this period I claimed housing benefit and council tax benefit alongside JSA.

Towards the end of my claim, joint with my partner, we had a call saying that we were being investigated for fraud and that my partner must attend a meeting with the investigation team.

So my partner did just that... they advised her that I had £100k plus in my bank account and that we were not entitled to Housing Benefit and it was fraud. My Partner advosed them that had I actually got a £100k I would not be claiming and that this was rubbish.. which it was.

On investigation the council confirmed that this was rubbish and that it actually related to a mortgage application I had been provisionally accepted for 6 months earlier whilst working. We were advised that this matter was dropped and our payments continued.

After we stopped claiming that year my partner and I separated for a period of time. During this time she received letters referring to an overpayment and requesting repayment. She stupidly ignored these letters.

When we reconciled I told her that it was studpid to ignore them and we called the council. It was agreed that the earlier meetings findings were correct and we were advised it was dropped.

5 moths ago baliffs arrived at my new home. I have not lived at the property we claimed for for over 3 years now. We were advised we owe £4500 in HB overpayments and that this must be paid immediately.

We contacted the council and they confirmed we had commited fraud. I advised on the earlier meeting but they said they had no record of this. They told me that they had been sending letters to my four years old address about this matter and with no response had refered it to collection.

The council had copies of all my addresses since that period through the electoral role and the council tax exemption i gave them but did nothing.

Since then i tried to appeal but it was rejected as anything after a year of overpayment is tough luck. It is currently waiting to have a payment plan made.

yesterday an enforcement officer called at my house advising that i owe 1100 for council tax from this period. This should have been paid by my overpayment but alas the council say I have to pay both the overpayment for paying my council tax and the council tax that they did not pay.

They have told me effectively its tough i pay or i get baliffs is there anything I can do?

Sorry for the essay

fluffymovie

Hi there

Have you been able to confirm the reason for the overpayment of £4500.00

You state that after the initial investigation, payments continued so I would assume that this £4500 relates to an overpayment due to something else.

They are right to say that you have 13 months to appeal against a decision made by the LA so I would say that this is what they mean when they say you are out of time. However, if they sent paperwork to your old address, this would seem unreasonable. however, depending on what the matter was, this might be something they didnt' know about?

In order to create an overpayment, there has to be something that they say you have done. If this is a fraud investigation that was conducted with an Interview under Caution and has resulted in an overpayment, then we are required to keep these details for 7 years (if prosecuting). If you had an IUC, there will be a transcript also so they can't just say they don't have it.

I would suggest that you write a complaint to the Chief Exec of the council concerned. They will normally request a hold on recovery action while they investigate (or normally pass it to someone like me! to look into)

Then when they give the outcome of your formal complaint, if you remain unsatisfied, you can go to the Local Government Ombusdman.

You can also ask for all copies of correspondence