Newbie, Help needed

gatheringmoss

Hi all this is my first post so please bear with me.

Ive just returned from the CAB Aaaaaarrrghh, not much help im afraid.

In May 2001 I lost my job and claimed housing benefit Until september 2001, now ive had a letter from them stating they overpaid me by £2200 and that i need to contact them by tommorrow or they will start court action Ive no idea where they have this figure from they MIGHT of overpaid me little, so long ago i dont remember but certainly not to the tune of £2200.

I made an appointment with CAB and went today they advised me to ignore it and if they summons me then revisit them and go through the court proceedings with them. I really dont know what to do, im afraid ill still have to pay this money and end up with a CCJ as well.

Im wondering whether to call them and pay this money even though I almost certainly dont owe them that much, It will have to be payment plan havent got 2200 and im currently not working as this past year ive had a serious illness.

Any advice would be appreciated, Thanks in advance.

Storm

Hi gatheringmoss and welcome :hello:

Firstly, although the CAB have advised you to do nothing, if it's bothering you then you're far better off just biting the bullet in my opinion.

What you need though is for them to send you a detailed breakdown of exactly what they paid you when, and what they think they should have paid you instead. If you're not working currently though, and you're on benefits then I don't think they can start demanding repayment anyway as benefits are there for you to live on.

Does anyone know if the statute of limitations applies to things like HB? If it does then they can't claim the money back after 6 years without acknowledgement anyway!

itsarichmansworld

Yeah I agree with storm bite the bullet ask them for a breakdown of all charges and overpayments

saffronflowers

I am shocked that the CAB said that - as if they do start court proceeding they cannot help you as it will be a criminal matter.

Have you been asked to go for an interview under caution if so you must go and then request a copy of the tape.

When you claimed HB to whom was it paid what percentage was paid? Can you work out in total how much was paid to you? What was your rent at that time?

SFx

gatheringmoss

Thanks for your quick responses, when i lost my job it was so sudden the company went under and we were given no notice we hadnt an incline. So to live I got overdrawn at the bank And my HB was swallowed up straight away I had to move to a more affordable place etc that was in sept and I dont recall much of it, But Im pretty sure they didnt overpay me by £2200 Thats like nearly 9 months too much.

Im considering calling them as I have to decide soon because on the letter it says by tommorrow or they will start court action, I know that would be admitting the debt, But I would Really like to see where they have that figure from because then I could dispute it if thats possible. Also my landlord could have played a part in this because when i left he was not happy and could of told HB that i moved out earlier than I did, Its something I wouldnt put past him.

Thanks again

saffronflowers

I dont think the statue of limitation works with Housing Benefit, though check this out ASAP -

How much was the rent?

How much did you get paid?

If you were at the property longer can you prove it, did you go into arrears at all?

SFx

gatheringmoss

Apperently it does thats why the CAB said ignore it incase it gets dragged out until beyond september but thats still no good if they paid me a month or so after that. If they did Id hold my hands up and pay it but it certainly does not amount to £2200. I think I was only awarded around £240 a month.

Makes me wonder why I get this letter now after nearly six years of zero contact, they may know they need to act now before it becomes barred.

Sorry its a little vague saffronflowers but I just dont remember, this letter has just come as a shock.

saffronflowers

GM - no worries - do you have your bank statements from that time, if so you can find out if you were paid after that date. In all honesty, I would hold tight, as it is only 4 months, however, they are threatening court action and you feel that you dont all it at all.

I dont know what the time scale would be - it is a conundrum, now I understand why the CAB said ignore it.

Is it the same council as the one that you are under now?

SFx

gatheringmoss

No I packed that account in long ago mainly due to all the charges they inflicted on me during that period. Its a different council to my current one.

Cab also said to ring one of the organisations recommended on the back of the letter so I called National Debt Line, I got a similar response from them, It seems to boil down to taking the risk of ignoring it. I really am in two minds.

saffronflowers

Firstly - get a letter off to that bank for your statements, one to claim the charges and secondly to find out how much money you were paying!

I would hang in there and see what they do next, and if they do file court action, you have lost nothing and admitted to nothing at this point of even then and when that comes through go back to CAB and they will help you fill out the bit where you will contest the case.

It seems that most people think they wont do anything. So go and see what they do.

SFx