Benefit overpayment 7 years ago

justanotherkeeper1

Hi all,

Got a question regarding a supposed benefit overpayment from the council.

It states I've been overpaid benefits in April 2018. The claim is for the amount of £315 or so.

I read somewhere that statute barred might be applicable here as this is literally the first letter I've received from the council.

Can anyone advise on if this is the case here or should I just fork out and pay up.

Going through my accounts I do believe the amount is owed but similarly if the debt is being chased after 6y I could wriggle out of it? Or is this not the case here?

Thanks

sheramber

Statute barred only means they cannot take you to court for the debt.

But they can get payment by deduction from benefits or get an attachment of earnings. 

fatbelly

Is this an overpayment of housing benefit?

Do you agree that you were overpaid?

Has there already been a court claim on this?

How are they proposing to force you to pay if you do not do so voluntarily?

TimeLord1

Officially, unless you recognize their overpayment error, the six-year rule applies. 

Limitation Act 1980, but as above, they can use other methods to get the money back, or you can negotiate a payment plan if it will leave you in hardship or financial difficulties. Does it mention any fines or due dates?

HillStreetBlues

First question needs to be "what caused this overpayment"  as it might not be recoverable, if so anything else is moot.

justanotherkeeper1

HillStreetBlues said:

First question needs to be "what caused this overpayment"  as it might not be recoverable, if so anything else is moot.

So they claim it's for me moving out of the property and that they overpaid for one week. I have no idea if this is true, when they send the letters through they're usually 10 pages long and I just bin them. 

This was 7 years ago so I have no recollection on if the payment they made in my account included that period or not. 

justanotherkeeper1

fatbelly said:

Is this an overpayment of housing benefit?

Do you agree that you were overpaid?

Has there already been a court claim on this?

How are they proposing to force you to pay if you do not do so voluntarily?

Yes overpayment of housing benefit sorry.

I just got a letter / invoice in the post last month but have not responded to anything so far and it just says to pay within 30 days..

No court claim, just an invoice (the letter itself). On the back there's some generic info about how to make payment and then in the bottom the How to contact us part with a small paragraph about without prejudice that they can take criminal action against me by the borough.

justanotherkeeper1

TimeLord1 said:

Officially, unless you recognize their overpayment error, the six-year rule applies. 

Limitation Act 1980, but as above, they can use other methods to get the money back, or you can negotiate a payment plan if it will leave you in hardship or financial difficulties. Does it mention any fines or due dates?

Just says on the front that it's due within 30 days but nothing about fines. I'm just trying to understand what footing they have to take this further, I might create an account on their portal to see if I can view my past benefit claims to see what they have actually paid me for.

sheramber

justanotherkeeper1 said:

HillStreetBlues said:

First question needs to be "what caused this overpayment"  as it might not be recoverable, if so anything else is moot.

So they claim it's for me moving out of the property and that they overpaid for one week. I have no idea if this is true, when they send the letters through they're usually 10 pages long and I just bin them. 

This was 7 years ago so I have no recollection on if the payment they made in my account included that period or not. 

But your first post ssaid

Going through my accounts I do believe the amount is owed 

NedS

Unless you have evidence to challenge and appeal the overpayment decision, your options are:

1. Agree the overpayment and arrange repayment terms that suite you.

2. Have the debt recovered automatically from future benefit payments.

Muttleythefrog

Confusing thread.... in first post you appear to acknowledge the validity of the debt and want to wriggle out (your words) of paying it back... but in later postings seem to distance yourself from that idea "I have no idea if this is true" meaning the engagement you're getting is shifting here to one about disputing a debt.

Do you owe this money.... if so, pay it back... it isn't much and I'm sure you have better things to deal with.