Attachment of earnings housing benefit overpayment

tshirtsuntan

Hi Forum

I'm looking for some views on this.

So today I received a letter from my local council chasing me.for overpayment.of housing benefit.
The letter has indicated that I am being warned that if I do not agree a repayment they will go through my employer to retrieve the amount.

Obviously there is more to this story than just getting a letter.

I've been.on a DMP for a year and.am paying back a handful of.creditors on monthly basis. This local authority I am referring to is included in that plan and has been happily taking a payment through this plan for the last year.

As with all DMP's you have a yearly review as most people's finances change.

Indeed mine has. I am.now earning slightly more money. However within this year I.have also met my wonderful partner and have recently moved in with her. Thrown into the bargain are her 2 children who also reside with us. I also have a daughter from a previous but live with her mum and I provide maintenence payment to.

So although my yearly salary has increased by around £100 items counteracted by the extra financial responsibility an instant family brings.

The letter I have received from the council is a direct result of my DMP review. They had received.a break down statement of my earnings and outgoings and turns out I.can only afford to.pay them the same amount as I had being paying them.last year.

I can understand that it is not ideal for them but it's still a payment. I have a few other creditors I owe far more too who have happily accepted the reviewed payment.

Anyway I have no doubt that they can enforce this and can also do without the intervention of a court.I guess what I would like to know if there is anything I can do to.prevent this, other than paying what they want me too ( bearing.in mind if I did that would not be fair to my other creditors)

And lastly why are all government authorities !!!! holes?

Thanks in advance for reading

tomtom256

Put up or go bankrupt/debt relief order.

Why are government authorities !!! holes?

Is it because they want whats owed to them?

tshirtsuntan

tomtom256 wrote: »

Put up or go bankrupt/debt relief order.

Why are government authorities !!! holes?

Is it because they want whats owed to them?

Thanks for your view point

NYM

...I am being warned that if I do not agree a repayment they will go through my employer to retrieve the amount...I guess what I would like to know if there is anything I can do to.prevent this...

Agreeing a repayment schedule might work...

dippy3103

They want you to set up a plan. That's the only way to avoid a DEA

tshirtsuntan

Thanks for the replies.

I guess I'm going to.have to talk to my DMP arranger before I get into.talks with them. As I'm already in a repayment plan.the council I.guess want me to go outside of that agreement.

One thing I do note in their warning letter is that although they received my proposed DMP statement the council,upon reviewing it have decided that some.of my out goings they see as not agreeable. They fail to.mention which.ones though. Would it be a reasonable of me to.ask.them which outgoings they don't agree with?

Im willing to.cooperate with their demand however I also need to know their reasons for dismissing my offer of payment is justifiable

Thank you for your comments so far it really helps to.talk it through

NYM

Debt Management Plans are not legally binding agreements, your creditors do not have to accept your payment proposals.

tshirtsuntan

Yeah I'm aware they are not legally binding they are a very good way of helping thousands of people out of debt though.I would have thought it would be in most creditors interests to enter into one. The alternative would have adverse affects that benefits no one

Londonsu

tshirtsuntan wrote: »

Hi Forum

I'm looking for some views on this.

So today I received a letter from my local council chasing me.for overpayment.of housing benefit.
The letter has indicated that I am being warned that if I do not agree a repayment they will go through my employer to retrieve the amount.

Obviously there is more to this story than just getting a letter.

I've been.on a DMP for a year and.am paying back a handful of.creditors on monthly basis. This local authority I am referring to is included in that plan and has been happily taking a payment through this plan for the last year.

As with all DMP's you have a yearly review as most people's finances change.

Indeed mine has. I am.now earning slightly more money. However within this year I.have also met my wonderful partner and have recently moved in with her. Thrown into the bargain are her 2 children who also reside with us. I also have a daughter from a previous but live with her mum and I provide maintenence payment to.

So although my yearly salary has increased by around £100 items counteracted by the extra financial responsibility an instant family brings.

The letter I have received from the council is a direct result of my DMP review. They had received.a break down statement of my earnings and outgoings and turns out I.can only afford to.pay them the same amount as I had being paying them.last year.

I can understand that it is not ideal for them but it's still a payment. I have a few other creditors I owe far more too who have happily accepted the reviewed payment.

Anyway I have no doubt that they can enforce this and can also do without the intervention of a court.I guess what I would like to know if there is anything I can do to.prevent this, other than paying what they want me too ( bearing.in mind if I did that would not be fair to my other creditors)

And lastly why are all government authorities !!!! holes?

Thanks in advance for reading

Its not a case of being 'fair' to your other creditors, money owed to the authorities whether by overpayment of benefits or underpayment of tax has to take priority over other debts

NeilCr

tshirtsuntan wrote: »

Yeah I'm aware they are not legally binding they are a very good way of helping thousands of people out of debt though.I would have thought it would be in most creditors interests to enter into one. The alternative would have adverse affects that benefits no one

Londonsu wrote: »

Its not a case of being 'fair' to your other creditors, money owed to the authorities whether by overpayment of benefits or underpayment of tax has to take priority over other debts

Not necessarily

Here is information on priority debts

https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/dealing-with-urgent-debts/#h-what-are-priority-debts

tshirtsuntan

Mmmm.........I do wholly agree housing benefit is a priority debt. This debt however was from several years ago at a different address not a current one.bizarrely My partner is a tenant to same local authority and I pay her rent!

My point is... Its classed as a priority debt because the threat of eviction if you don't pay. That doesn't apply in my case.