CT and HB overpayments

debt_doctor

Hi Brimau,

This is my suggested letter to send recorded delivery to the magistrates as soon as possible.



FOR THE ATTENTION OF THE MAGISTRATES

I stand before you on ......... for non payment of council tax. The reason for this is that the local authority have converted my council tax benefit overpayment, for which they finalised some time ago and invoiced me as such in to council tax arrears, and have then added them to the current year.

Whilst I have been advised that converting overpaid CTB in to arrears and adding them to the current year is possible, I would like to point out the following;

Over recent times I have been experiencing severe financial hardship with constant pressure from my creditors. This pressure was so great that on ………….. I presented my bankruptcy petition to …………. County court and the bankruptcy order no is …. of 2008.

I placed my council tax benefit overpayment on the debtors petition and it was accepted as a provable debt in bankruptcy. Up until recent times it was unclear if benefit overpayments were still recoverable after discharge, until an appeal brought by the DWP known as the ‘Balding case’ failed, and now all benefit overpayments are written off in bankruptcy.

I enclose a circular dated February 2008, instructing housing and council tax benefit departments not to recover benefit overpayments after discharge from bankruptcy. My local authorities response to this has been to re classify the previously invoiced benefit overpayment as council tax arrears , which effectively makes a mockery of the high court ruling and is placing me under financial pressure once again which insolvency laws are designed to protect me from.

If the council now want to say that this was ‘simply’ non payment of council tax then this amount would have been outstanding at the time the council tax was due, well before my bankruptcy date, and, as council tax arrears are a provable debt in bankruptcy, this liability is written off whether entered on to the petition or not.

I do not understand why this summons has happened. The advice I have received is that either this amount is an overpayment of CTB and written off in bankruptcy or non payment of council tax which is written off in bankruptcy !

I have every intention in paying my future council tax liabilities, and have been doing so, but yet I have now, due to this action, had the facility of paying the remainder of this years tax by instalments taken away from me.

I respectfully ask the magistrates court if they can re instate those instalments so that I may pay my on going liability as I was doing and fully intended to do.

I would like to point out that being under severe financial pressure before bankruptcy was a nightmare I am glad to be rid of, but yet I am being forced in to that nightmare once again, by what I feel is unfair, and I am advised ,unlawful action by the local authority.
I enclose other relevant information for you to make your decision, and thank the magistrates for their time and consideration on this matter.

Yours……..


Good luck

DD

savagevixen

What a fabulous post!

brimau_2

OMG!!! Thank you ever so much. I will personalise and print right now and it will be posted recorded delivery tomorrow morning. I will enclose copies of my BR certificate, copies of the proof showing it was originally CT Benefit overpayment (and subsequently changed to arrears) from the local authority themselves and the DWP circular. I cannot thank you enough. DD You are a star!!!!

brimau_2

Letter personalised and printed off. I have copied all the attachments to enclose. 'Bagged up' and raring to go in the morning. I will keep my fingers crossed from then on and update you all the minute I hear anything.

diablobear

I'm keeping EVERYTHING crossed for you, Brimau.
and a big WOW - what a great letter from DebtDoctor.