Council claiming back H/B from years ago - help needed

cymrumam

Posting on behalf of a friend who was off sick from work for 6months approx and recieving ssp - this was some years ago and at the time they gave them full HB and CTB. Roll on a few years and they have taken her to court to recover the money - they wont tell her why she isnt entitled to it -even in court. When she went to pay the Council told her that the agreed payments had to be made at the court and vice versa.
She doesnt want to pay it back as she was entitled to it and the Judge said his hands were tied and if the Council wanted their money back he had to give it to them.
Today the baliffs turned up at her place of work to serve papers on her but they arent even in the right name ! For example they have put Eve on the papers and her name is Evelyn.
Can anyone advise on how to deal with this situation.

BigAunty

Post on the Debt Free wanabee board.

rogerblack

Minor errors are unimportant.
The papers are likely legal.
She needs to appeal the decision to recover the overpayment by the council.
Hopefully this will have been made under 13 months ago, so it can be appealed.
During this time, did she have significant savings, or assets - second house/...

Important things are when the decision that an overpayment had occurred, and when the decision to recover that overpayment was taken.
If these are within 13 months, then there is a right of appeal.
If they are outwidth this, then you are on a much weaker ground, they can revise, and should if the decision amounts to 'official errorr' - but it's their decision.

This is probably complicated by the fact that they may not have adequate records - for example - copies of the initial application for HB/CTC, as they may have shredded it.
So they may be operating on the basis of partial computer records.
A copy of the file under the data protection act may be worthwhile.

However.
This is slightly irrelevant to the proceedings going on at the moment, you need to seperately stop those.
See debt free board.