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Overpayment of Housing Benefits £14k

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  • micky2phones
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    Have they confirmed that this is a HB overpayment?

    HB isn't usually paid fortnightly, it would be monthly. If you've had fortnightly payments, that would suggest that it was a different benefit (JSA, possibly tax credits or child benefit?)

    Mine is paid every two weeks, its only been about two years or so when they stopped paying by cheque
  • themull1
    themull1 Posts: 4,299 Forumite
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    If your parents cant afford their house, can they not downsize, or everyone chips in, not just you? why do your parents expect you to pay?
  • NICHOLAS_2
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    Poppie68 wrote: »
    How someone organised or disorganised wouldnt notice regular payments credited to their bank account off a LA for 4 years is beyond me....You will need to come up with a better story than that OP

    I don't know the reasons behind paying your parents mortgage but if they decide to go the repayment plan route without taking any action against you and you don't have enough disposable income they could then pass it onto an independent debt collector.

    If investigating the overpayment they decide you are at fault for whatever reason and you either don't pay or can't pay they could then go the the legal route and you could end up with the bailiffs at your door...

    Don't leave it too long if you don't hear from them soon...keep in touch with them and show willingness to get the matter sorted ..
    Just one last thing.....When negotiating repayments don't be over enthusiastic and agree to an amount because my on think its sounds better....Only agree to payments that you will comfortably afford otherwise if you fall behind you will eventually get a knock from the bailiff.

    Don't make it sound scarier than it is. I've had bailiffs from the council at mine before now, they soon go when you tell them to get lost. They can't force their way in and grab the ops stuff for sale.

    As the op has no assets, a car that they don't even own, rented accommodation, the op is in a totally brilliant position as far as paying this debt goes because if the disposable income is as low as he or she reckons the council will be getting virtually nothing each month and they'll have to stand for it.
  • dippy3103
    dippy3103 Posts: 1,959 Forumite
    First Anniversary Combo Breaker First Post I've been Money Tipped!
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    Actually the council can attach the op's earnings for benefit fraud.

    If this ever changing story is true, I would expect the o/p to start a thread about an IUC next.
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
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    NICHOLAS wrote: »
    Don't make it sound scarier than it is. I've had bailiffs from the council at mine before now, they soon go when you tell them to get lost. They can't force their way in and grab the ops stuff for sale.

    As the op has no assets, a car that they don't even own, rented accommodation, the op is in a totally brilliant position as far as paying this debt goes because if the disposable income is as low as he or she reckons the council will be getting virtually nothing each month and they'll have to stand for it.



    I was trying to be nice...

    I could of actually said as cases of benefit fraud under 20k can now be referred to the CPS for prosecution if HB are not happy with the evidence and explanation presented by the claimant....
    Didn't think that would make her happy...So My advice about the bailiffssounded like a fairy tale in comparison.
  • dippy3103
    dippy3103 Posts: 1,959 Forumite
    First Anniversary Combo Breaker First Post I've been Money Tipped!
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    I'm still wondering how the o/p knows their monthly dispisable income is £42 yet they did not notice the money being paid in.
  • jaylee3
    jaylee3 Posts: 2,127 Forumite
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    I'm not being funny, but the only way anyone can owe such a huge amount that has built up over 4 years, is if they did not declare all the household income.

    So either the OP had another job that she didn't declare that was cash in hand maybe? OR (and this is the more likely scenario,) she had someone else living with her, bringing in extra income (adult children or a boyfriend) and the council were tipped off maybe?

    The reason I say this is that when you apply for HB, they re-assess you twice yearly (some councils yearly, but many re-assess every 6 months,) so they would have had your new income details, and would have re-adjusted your housing benefit and tax credits accordingly.

    So unless you flat out did not declare extra income in your house (like a partner living with you,) they cannot have overpaid you such a high amount over such a long period as 4 years.

    The only time people have multiple thousands in overpayment of benefit is when they have not been truthful about their living situation and the household income, and it eventually catches up with them.

    Nobody can say for sure whether you will be prosecuted to the fullest extent of the law and go to prison, but it sure as hell will help your case if you are honest.

    I don't think you can have been totally honest, because, as I said, you would not have had such a large overpayment over 4 years unless you lied about your income.

    Also, I find it impossible to believe that someone 'didn't notice' that extra income into their bank account for 4 years.

    Go to the council and explain yourself OP, but BE HONEST about the situation, because if you are not, and you are found out (and you WILL be,) they will come down much harder on you!
    (•_•)
    )o o)╯
    /___\
  • Teahfc
    Teahfc Posts: 1,466 Forumite
    First Post First Anniversary Combo Breaker
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    NICHOLAS wrote: »
    So you didn't notice that extra money in your bank then? Likely story.

    Never the less...

    I would be interest to know how much they will want you to pay back a month lol.

    They will probably want all of your disposable income, so you may have been better off in prison in terms of your future quality of life :o

    Well that's a great contribution to the thread.
    Hope you never have to sit on a jury.
    "Man invented language to satisfy his deep need to complain."


    ''Money can't buy you happiness but it does bring you a more pleasant form of misery.''
  • allen35
    allen35 Posts: 1,516 Forumite
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    jaylee3 wrote: »
    I'm not being funny, but the only way anyone can owe such a huge amount that has built up over 4 years, is if they did not declare all the household income.

    He never lived there and was receiving HB

    So either the OP had another job that she didn't declare that was cash in hand maybe? OR (and this is the more likely scenario,) she had someone else living with her, bringing in extra income (adult children or a boyfriend) and the council were tipped off maybe?

    See above!

    The reason I say this is that when you apply for HB, they re-assess you twice yearly (some councils yearly, but many re-assess every 6 months,) so they would have had your new income details, and would have re-adjusted your housing benefit and tax credits accordingly.

    Not necessarily unless a change in circumstances was declared, somehow the JSA ending didn't reach the LA and it now seems he has been caught by RTI.

    So unless you flat out did not declare extra income in your house (like a partner living with you,) they cannot have overpaid you such a high amount over such a long period as 4 years.

    Hmmmm, did you read the circumstances of the post.



    The only time people have multiple thousands in overpayment of benefit is when they have not been truthful about their living situation and the household income, and it eventually catches up with them.

    It certainly has caught up with him!

    Nobody can say for sure whether you will be prosecuted to the fullest extent of the law and go to prison, but it sure as hell will help your case if you are honest.

    True

    I don't think you can have been totally honest, because, as I said, you would not have had such a large overpayment over 4 years unless you lied about your income.

    Or where he lived.

    Also, I find it impossible to believe that someone 'didn't notice' that extra income into their bank account for 4 years.

    He's been paying his parents mortgage with it, give him a break, he's left with exactly £42 pcm excess income after paying everything via DD and has no other debts although he admits he's not very good maanaging his finances.

    Go to the council and explain yourself OP, but BE HONEST about the situation, because if you are not, and you are found out (and you WILL be,) they will come down much harder on you!

    I think putting his hands up is better advice and answering yes to every accusation thrown at him


    No disrepect but you need to read the story before joining in on Page 4 of a thread. Your answers are somewhat confusing.
    Forums can be/are a good guide to entitlement and it is good practice to back it up with clarification from the relevant department/specialist with written confirmation to safeguard yourself.
  • starbright789
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    Ok, let me clarify a few things.
    First of all I am a she and not a he, under 30, not married or do i have any kids. I am not into designer brands or do not drink or smoke. I raise my hand up and whole heartledly I am very bad with my finances. To me , as I have stated, i have always been in my over draft of about 2,600. when i get paid, i pay whatever needs to be paid, then the rest i spend. Ys I should have realised there was an extra 300 every month that doesnt add up, again, i do not check my statements which I should have.
    I have never had anyone living with me nor do i have a second job that is cash in hand. I have just had a few one full time job throughout the years ( i have changed a few times but have always been in jutsr full time employment. I have never been reassesed by the council or anything else like that. and i have moved address a few times too.
    Based on everything that has been written above, i think the best course of action would be to just show the council my bank accounts and show them how much disposable income i do hav at the end of every month then i can say to them i'll pay back 10 pounds a week or something.
    I do not think it is worth me contesting or this going to court or anything as I do not want to lose my job or anything else like that.
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