CT and HB overpayments

brimau_2

I have just telephoned the Insolvency helpline. fat lot of good that was. they said yes the council can recover the money from wherever possible. So basically the guidebook and the circular mean NOTHING. I do not have the resources to pay anything back and the guy on the helpline hinted it would therefore probably go to court. I feel worse now that before the BR. I'm trying to type through tears and its not easy

fermi

There are contact details on the first page of that circular.

Have you tried getting in touch with the office/people named there? Might be worth a shot.

brimau_2

I called and left a message as its an answer machine :-( I'll try again tomorrow too. I have to know one way or another. I'm so terrified. I feel worse now than when dealing with all the creditors calls.

mumoftwins

I've just been told by my CAP rep that as I am now in receipt of HB again they can deduct the overpayment from my allowance until April 5th next year (it will be paid long before that!). However, if I wasn't in receipt of HB then any overpayment for HB or CT would be included in the bankruptcy.

Please try not to worry xx

brimau_2

mumoftwins thank you. I have been crying most of today. stressed beyond words. sadly I am dealing with obstinate OR and Council staff. What is a CAP rep? I don't have any benefits other than IB and every penny i have is accounted for. The worry of having bailiffs come is terrifying me. i only have second hand 'tat' as it is. I cannot face the shame either.

savagevixen

Hi
As I was out of area, I no longer receive HB from that council, so an arrangement had to be made for debt recover, with the debt department. I was told that due to hardship, they would take £5 per week for the first 3 months, then it had to go up to £9. I faffed about and it took 8 months to get the Standing Order set up. It is now suspended, and following this thread, I await with interest to see what will come of this situation.
If the last bits of info are correct, it would stand to reason, that the circular is correct, that they can continue to deduct it from benefit, for the period you are undischarged, if you are in receipt of benefit, once you are discharged, or if you no longer receive benefit they can't reclaim it.
I really wouldn't worry, you can't possibly pay what they are asking, so a debt officer would have to set a fair rate, in the event of any being repaid.
I am intrigued that mine went so quiet and asked for our discharge notes. The bailiffs won't come, and no one can make you make payments if you are bankrupt, it's illegal (and you would have to change your I&E to include the new figures.)
Really whilst it's all sorted out, you need to politely hold them off. Send a letter outlining your situation and include a copy (or version) of your I&E as back up. Copy your BR notice. It is quite coming to have teething problems when going BR. Our Council Tax was written off quite easily, but each year there's a new bill, so they simply couldn't carry it over. The HB was different and I still await their decision/reply.
Really, don't worry, it'll be ok. I had no idea my debts wouldn't be included and i was gutted, but you deal with it, and it's ok.
You'll be fine.

brimau_2

My panic has been as to where the money will come from. My OR is as much use as a chocolate fireguard. I just felt very alone and bewildered by everything. I will do as you say and send my details to the council. They are a 'cold' bunch and I can guess that this is not going to be easy at all. My OR will have to supply me with her 'tweaked' version since the BR. Thank you for your advice and information. i am feeling a little better and hope more so tomorrow

savagevixen

If you genuinely have not got the money, then they have to be very careful in how the money is reclaimed, if it is deemed repayable.
If (extreme example) this went to court, and you could prove that you had informed them of your situation, you had sent evidence and yet they were still ruthlessly demanding unrealistic amounts of money and causing you distress, then they would be in trouble. The only time you need to worry, is if you are avoiding contact, or saying you won't pay. You are doing neither, you are frightened, and at present you CAN'T pay. So just be polite, say that if you could pay, you would. An I&E will indicate the severity of your situation. You must not worry yourself, they can't take your money, and no one will allow them to if there is none to take.
As soon as I hear back about mine I'll let you know. I was made BR on 23rd March 2007, and discharged 21st Sept 2007 and I am still sorting it out now. They reclaimed benefit until Sept, and I haven't paid a penny since. I've not been rude, just honest and polite. I have had no extra charges and threatening letters (in fact now I think about it, maybe that is because they are not really allowed to do it!) I have had no bailiffs, absolutely nothing. So really do not worry, it is a hassle, but it is ok.

brimau_2

I'm ringing my OR today and I am going to ask her to forward my I&E and a copy of the BR notice. Coming from her it may be a little more official and I know she made official changes to it, which actually made my circumstances look worse. Fingers crossed.

brimau_2

Hello everyone. The other day I telephoned the number on the DWP circular.

http://www.dwp.gov.uk/hbctb/circulars/2008/a3-2008.pdf

I got an answer machine so I left a quick message explaining my situation. Today I had a call from Jane, the lady who wrote the DWP circular!!!! She is so lovely. She has told me that I am to contact the council offices and quote her publication number. She said that they are only legally allowed to take monies from benefits still being received. If not, then it has to be written off and tell them that if they have any queries to call her directly so that she can put them straight on the matter. :T