Housing Benefit overpayment 20 years ago - HELP

unknowncitizen11

Hi everyone,

I have a question relating to overpayment of housing benefit dating back 20 years. I was made bankrupt at the time due to this debt and recently received a letter from the council stating I owe them again a large figure which would again bankrupt me. 

What I want to know is:

1. Can they request this 20 years later even after I was made bankrupt for the very same debt?

2. ⁠what are my options to get this written off .. there must be some statute .. I have tried to search online, contact the relevant teams (who said to set up a payment plan - which I don’t mind except what they’re asking for is far too high) & I have spoken with citizens advice (didn’t have any advice regarding this as no experience in bankruptcy as I guess this is an important detail).

Any advice would be much appreciated. Thank you in advance!

HillStreetBlues

unknowncitizen11 said:

Hi everyone,

I have a question relating to overpayment of housing benefit dating back 20 years. I was made bankrupt at the time due to this debt and recently received a letter from the council stating I owe them again a large figure which would again bankrupt me. 

What I want to know is:

1. Can they request this 20 years later even after I was made bankrupt for the very same debt?

2. ⁠what are my options to get this written off .. there must be some statute .. I have tried to search online, contact the relevant teams (who said to set up a payment plan - which I don’t mind except what they’re asking for is far too high) & I have spoken with citizens advice (didn’t have any advice regarding this as no experience in bankruptcy as I guess this is an important detail).

Any advice would be much appreciated. Thank you in advance!

If the debt was accrued before bankruptcy then it would be written off with your other debts.
If the debt was accrued after bankruptcy then the Limitation Act would apply if you haven' acknowledged the debt (including any payment) the the last 6 years (5 in Scotland)

DE_612183

Have you had a letter from the council or an agency "acting on their behalf"?

Grumpy_chap

unknowncitizen11 said:

a letter from the council stating I owe them again a large figure 

Is the letter definitely referencing the debt from 20 years ago or is the Council suggesting, somehow, that after the bankruptcy, there have been further overpayments that now need to be repaid to the Council?

Alice_Holt

If the debt was incurred through fraud, then it could not have been written off through the bankruptcy.

unknowncitizen11

DE_612183 said:

Have you had a letter from the council or an agency "acting on their behalf"?

I have had a letter from the council requesting the sum to be paid. 

Brie

Are you able to post a picture of the body of the letter (no personal details) so we can better understand what they are referring to?

fatbelly

A starting point would be get the exact date of your bankruptcy and the period to which the overpayment relates.

unknowncitizen11

Grumpy_chap said:

unknowncitizen11 said:

a letter from the council stating I owe them again a large figure 

Is the letter definitely referencing the debt from 20 years ago or is the Council suggesting, somehow, that after the bankruptcy, there have been further overpayments that now need to be repaid to the Council?

The debt is referring to 2003-2004. They have made no mention of the bankruptcy, I do need to contact them but just wanted some more information before I do get in touch with them. 

I was bankrupted due to this exact debt 19 years ago. 

HillStreetBlues

unknowncitizen11 said:

Grumpy_chap said:

unknowncitizen11 said:

a letter from the council stating I owe them again a large figure 

Is the letter definitely referencing the debt from 20 years ago or is the Council suggesting, somehow, that after the bankruptcy, there have been further overpayments that now need to be repaid to the Council?

The debt is referring to 2003-2004. They have made no mention of the bankruptcy, I do need to contact them but just wanted some more information before I do get in touch with them. 

I was bankrupted due to this exact debt 19 years ago. 

If you still have a copy of your bankruptcy order sent them that, will a note that you now consider this matter closed and any further contact regarding this issue will be treated as harassment.

fatbelly

Give them the date of your bankruptcy and that you consider you now have no liability for this debt

If they respond by claiming this was a fraudulent debt, post again