Can My Council Do This? 27 October 2022 at 4:08PM in Consumer rights 4 replies 345 views

MoodyMand45

I was accused by my local council of being overpaid wages over twenty years ago and they took me to the small claims court and lost due to not being able to prove this.

I am now on Universal Credit and having been waiting for the £150 pound rebate for an eternity an option is now available to have it refunded to your bank  by BACs or as a
cheque in the post on my councils website.

My council however have sent me less than £20 and have told me the rest was used to settle my outstanding wage bill from over 20 years ago (a case I won in the small claims court).

My CAB office told me i can't do anything as councils have their own rules but i thought this rebate money belonged to the Government and not the council so what gives them that right to take it when i don't owe it according to the court.

km1500

Raise a formal complaint with the council

If you are not happy with their response go.to the ombudsman

https://www.lgo.org.uk/

You could also contact your local councellor (not MP) for help and advice.

mattyprice4004

That's awful - if a court ruled you're correct, then no they shouldn't have taken it. 
I'd complain, then lodge a Small Claim for the money if unsuccessful. 

eskbanker

MoodyMand45 said:

I was accused by my local council of being overpaid wages over twenty years ago and they took me to the small claims court and lost due to not being able to prove this.

What exactly was the outcome of that case?  If they unequivocally said that you didn't owe the money then that would be one thing, but if it was simply that an alleged debt (genuine or otherwise) was statutorily timebarred for recovery via court enforcement many years later then that would be a different matter....

lincroft1710

Although the SCC threw out the council's case on the grounds they couldn't prove it, it doesn't mean the OP was not actually overpaid, only that the council failed to prove their case. The SCC (like all courts/tribunals) don't always get it right.


For a council to actively pursue a wage overpayment of about £130 (which given a council's budget, is peanuts) from 20 years ago suggests that the council must have good reason for believing there actually was an overpayment and their subsequent aggressive pursuit. But their stance is unusual