Is this debt included in my old bankruptcy?

angiestar11

Hello. I've had a search around and couldn't see the answer so I hope you don't mind Ive asked a question. Sorry if it's been asked before. 

I am 54 and I was declared bankrupt in 2017. I am disabled (MS, COPD, stage 2 respetory failur) and my partner at the time who, without me knowing, took out two 30k loans in my name. Thankfully I was able to prove he faked my signature on one. But sadly not the second. I had no choice but to become bankrupt. I lost my car etc.

All my debts were wiped including a council tax bill I had been paying off and a payment I was making about an over payments of my DLA (about £40).
About a year ago I had a letter from my council saying they were going to start taking  £42 a month because of an overpaid housing benefit from 2013/2016. I have contacted them twice asking for more details as I don't believe I was over paid but I never get a reply.  I decided to leave it as I was nervous about contacting them and It may sound stupid to some, was petrified they'd have a go at me and threated to send baliffs etc.

Last week I had a meeting with a CAB (Citizens advice beauro) member who said that I shouldn't be paying it in her opinion as it wasn't collected through fraud.

Is this correct?
I am trying to compose a letter to them explaining that this would have been included in the Bankruptcy but I want somebody just to confirm for my own peace of mind that this would have been included in it.

The CAB person also said I should receive all of that money back that they've taken over the past year. Is this also true?

Thank you for any help you can give - Angie. 

sourcrates

Your bankruptcy would only cover debts prior to you going bankrupt, it depends how long a period you were overpaid for.

You should really have challenged this in writing, as your fears were woefully unfounded.

You need to be speaking to your council as at least a part of that debt vested in your bankruptcy.

angiestar11

Thank you for your reply. From the letter they said it was over paid before the BR and ended before BR. 
Does that mean it will be included? If so will they pay the money back or will I have lost that. 

RAS

You need to tell them that the debt is covered by your bankruptcy, giving the dates.

Ask for the money back. They may not comply immediately, really just because that the person dealing with it may not have the relevant experience. I'd expect it to take a couple of months. 

sourcrates

You would need to make a formal written complaint to them, detailing events to date, tell them what has gone wrong, and what you want them to do to make things right.

If the overpayment period was before you went bankrupt, then the debts are included debts, and you should not be paying them back now.

You should also ask for the money back from them, including 8% statutory interest, as a court would award.

fatbelly

It would only be a fraudulent debt if you either:

• were found guilty in court
• admitted fraud in an interview under caution
• accepted an administrative penalty

It would be a bankruptcy debt (Insolvency Act s382) as

1)“Bankruptcy debt”, in relation to a bankrupt, means (subject to the next subsection) any of the following—
(a)any debt or liability to which he is subject at the commencement of the bankruptcy,
(b)any debt or liability to which he may become subject after the commencement of the bankruptcy (including after his discharge from bankruptcy) by reason of any obligation incurred before the commencement of the bankruptcy,

unless they can show that it was not