CT and HB overpayments

fermi

tigerfeet2006 wrote: »

Yes but you needed to have the strength to carry on fighting this. A lesser person would have given up weeks ago.

Double exactly!

savagevixen

Just received this this morning!

** Council

Revenues and Benefits
***************
17th June 2008

Dear Mrs V *****

HOUSING BENEFIT OVERPAYMENT - 100*********** AND 1000*****

Further to your letter of the ** June together with copies of the Bankruptcy Order and letters from the Official Receiver's in ******** we wish to confirm that the above overpayments have been written off and are therefore no longer recoverable.

Please find enclosed original documents for your records.

Yours Sincerely


*********

So really don't worry Brimau. And Yay I am so pleased!

tigerfeet2006

:T:T:T:Twoohoo!!:T:T:T:T:T

That was nice to find in your post this morning. Have a good weekend

brimau_2

:-O I want one of those!!! I have written a letter with all my details re conversation with author of the DWP circular and enclosing (once again) my BR details. They sneakily incorporated this years Council Tax with last years CT Benefit overpayment. Jane said they would do that....They will get it recorded delivery and I will be sitting with fingers crossed until i get my reply. If i get what you did...I'll be framing it!

brimau_2

I got my response from the council.....They sent me a summons!!! I am being taken to court on 1st of August for non payment. I am seriously panicking and really do not know what to do. HELP!!

tigerfeet2006

Get on the phone to National Debtline and have a chat with them.

(((hugs)))

Chazpots

Hi Brimau - Have just come across your thread for the first time. Wish I could say I'm suprised at the council. Sadly, through my own experiences with them, it is clear that they are a bunch or incompetents with no idea how to treat bankruptcy cases. Rather get things right, they will stumble along and hope it goes away... Often takes us to remind them what they can and cannot do!! Firstly, try not to panic.

When dealing with them ALWAYS speak to the manager, cut out the middle men! That includes contact with your OR. Having worked for the civil service, I can assure you, it's those that shout the loudest that get results. Have you tried getting in touch with your MP? I've ended up writing to my MP, DWP Policy and the Secretary of State. I think I've certainly made myself known.

I appreciate that time isn't on your side...Can you get back in touch with the woman that wrote the circular? Maybe she can step in?

Good Luck - I hope you get this sorted. BLOODY COUNCILS!!! :mad:
Chaz x.

Purplekylie22

brimau wrote: »

I got my response from the council.....They sent me a summons!!! I am being taken to court on 1st of August for non payment. I am seriously panicking and really do not know what to do. HELP!!

Dont panic, that can be a good thing, Contact the womand Jane again ansd tell her that you are being taken to court. go to one of the charities / trading standards so they can stand for you in court and they can show the circular, Jane can confirm, the judge will know the decision has already been made as th circluar said it had already been to court before for someone else when the decision is made. the judge has no choice other than to give the council in trouble for being so stupid! It is quite clear - you do not owe them money. It is included in your bankcrupcy!

On another note - council tax, if Bankcrupts arnt allowed credit of more than £500 does that mean I am meant to pay my full £1K council tax in one go as they cant give me monthly payments - thats a form of credit?!

brimau_2

I am seriously panicking. On the outside I look calm but inside.....I am screaming!!!! Bloody loonies they must be. I have spoken to Jane and she said that the tricky bit is that they have cleverly switched the 'CT benefit overpayments'' to straight arrears and whacked it into this years bill. Bizarrely the amount I am being taken to court for is therefore last years (Benefit) and this years, yet i am up to date with this years. So how on earth can they demand FUTURE payments up front???? I have a lady from SSAFA who is going to accompany me to court. Surely the judge will as you say be a bit miffed at the waste of court time? I can't pay something from nothing either!!!!!

debt_doctor

They are amazing arnt they !

I pressume you have been sent some court forms ( county court ). Fill in the defence form and sent it to where specified on the form within the right time frame.
Make your argument based on the HB internal information following the 'Balding' case and the fact that the law now says benefit overpayments do not survive discharge. Attach your evidence.

Also point out that to cancel the benefit overpayment and then just say you wernt entitled to benefit so you have council tax arrears in stead is a non starter as if that is the case then all c/tax liability up to the date of your BR has already been written off, whether you put it on the form as a debt or not !

So which would they like; a c/ tax benefit overpayment that is written off on discharge or non payment of c/tax due to the aportioned benefit being cancelled, the liability for which has already been written off in your BR ! -

Just a thought, if they are now claiming it is non payment of council tax they have probably gone for a liability order through the magistrates court. Tell the magistrates the above instead in that case, I would write to them before the hearing.

DD