Council want HB back from years ago - help please

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.

chevalier

Sorry I don't know the answer to this, but bumping for the day crew, who might be able to help
chev

ladybez

Sorry, can't give much advice. It might be worth your friend contacting her local councillor to enlist their help in getting to the bottom of this. Good luck.

LaughingLorna

Is the friend completely sure that was what was said by judge and council. Seems very odd that they wouldn't have had to disclose the eligibility criteria to judge if not to her.

It used to be government policy that if a claimant had provided all the correct information at the time and claimed the money in good faith then the public authority could not pursue repayment if the payment would put the claimant in a position of financial hardship. dont know if this is the case - she could seek legal advice - first appointment is usually free.

she could also request a copy (under the freedom of information act) of the eligibility criteria for the benefit at that time (be specific about time period as it may have changed). this could help to flag up whether she has a case and could also be useful if she sees the lawyer.

if you google foi act it will give you guidance on how to word your request, how long they have legally to reply before you can complain

forgotmyname

Are the claim dates correct?

ie. off work sick for 3 months yet they paid 9 months HB and CT ?