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Medway council lied about overpayment recovery

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124

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  • Dean0537
    Dean0537 Posts: 13 Forumite
    There was a change in circumstances and that was a tax credit increase, however it took the 16 weeks to change after being notified in time. No oter change of circumstance had occured
  • Dean0537
    Dean0537 Posts: 13 Forumite
    The last letter was simply seeking clarification as the solicitor requires
  • Morlock
    Morlock Posts: 3,265 Forumite
    Dean0537 wrote: »
    There was a change in circumstances and that was a tax credit increase, however it took the 16 weeks to change after being notified in time. No oter change of circumstance had occured

    What exactly is your point, that you should not be liable to repay the overpayment because it took 16 weeks for the change of circumstances to register? Were you entitled to HB for those 16 weeks?

    You state that the HA paid back the overpayment, and you paid it back too, but then you state in your last letter:

    "3. Please explain in FULL detail why as a resident who's housing benefit is paid directly to his landlord we have had to repay the HB overpayment and NOT the housing association who received the money."

    Which indicates that the HA did not repay the overpayment, in which case the HA owe you the money that should be credited in your rent account.

    Are you trying to reclaim the overpayment, due to error, which you would not otherwise be entitled to?

    You need to make a clear, concise post as your information is unclear and contradictory.
  • Marisco
    Marisco Posts: 42,036 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Dean0537 wrote: »
    6. Please explain why, if you were aware the overpayment was paid to the landlord why you then made us liable to repay the overpayment.

    TBH this is the only relevant point you need an answer for, especially if they've already had the overpayment back off the landlord!! If I was the council, I'd have lost the will to live before I got halfway through the rest! :D
  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
    why do you refure to HMRC. they have nothing whatsoever to do with the council. they dont even have a direct portal to HMRC, only the DWP.

    and like many have said your singin from a different hymn sheet from that of the councils.

    all you need to do and wich you have not answered properly was DID YOUR HA PAY THE CASH BACK TO THE COUNCIL.

    if so a simple request for the statement (to wich your entitled to see and request as it relates to your rent account) to see when the over paymentoccured and when they paid it back.

    all you would have to do is produce this statement to your local council office with a kind note saying youve been paid them amount in full back by HA, any further requests for debt i do not owe will constitute to legal action being taken against yourselfs.
    i look forward to your full and final response and formal apology regarding this matter.
  • Mara69
    Mara69 Posts: 1,409 Forumite
    I did thank you, atrixblue, but then saw your sig and removed it. Thanks should be given willingly, not out of a sense of obligation :)
  • Dean0537
    Dean0537 Posts: 13 Forumite
    Ok as much as i appreciate everyones input i must stress these letters are what i have been told to write by the specialist
  • bestpud
    bestpud Posts: 11,048 Forumite
    Dean0537 wrote: »
    Ok as much as i appreciate everyones input i must stress these letters are what i have been told to write by the specialist

    Are you paying this specialist?

    I'm really not sure what planet you are on now - your posts are all over the place!
  • bestpud
    bestpud Posts: 11,048 Forumite
    Are you appealing their decision to reclaim the over payment twice AND appealing their decision to reclaim it in the first place?

    If so, you may be wise to deal with them one at a time as you are seriously confusing what should be a simple matter.

    I am guessing you are not getting a good response from the council because they don't have the foggiest what you are on about! :cool:
  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
    Dean0537 wrote: »
    Ok for clarity this is whats happening, the la paid housing benefit to the HO, they then claimed they overpaid so then took the money back from the Ho, we were the left 4 months behind on rent, we paid the 4 months up with the HO only to find that we had to also pay the LA back !!!! Yet they already got the money back from the HO!!!!!!!!!

    your barking up the wrong tree.

    you simply NEED to get the statement of account form your HA of the date the overpayment was made and the date they paid it back hand a copy in a watch the aplogies roll.

    here your chasing nothing but an apology for mis information wich can simply be had if you PROVE the payment was sent back by the HA.
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