housing benefit overpayment and equita

[natant24]

Hi all, Im sorry if there has already been a similar story to this but i have been searching through the forum and cant find the advice i need. Here goes...

I was on income support as a single parent, therefore claiming housing benefit and council tax benefit. My partner moved in on february 3rd, i rang up income support and told them this but the idiot on the other end of the phone typed the following... 'claimant called and requested income support claim to cease as of 03/02/2013. This is because her partner moved in on 03/01.2013'. He typed it saying he moved in a month earlier than he did, ive been called to recorded interviews under caution during which i explained this on tape that they have idiots working for them (not in them exact words lol). They have since decided that their idiot was right and I am wrong and I now owe £424 in housing benefit overpayment. I have written to the debt recovery department in dwp and sefton council contesting this and requesting copies of the taped phone call in which their employee was wrong, and also a copy of the taped interview in which i explained this. My letters have been ignored and now I woke up this morning to an Equita bailiff letter saying the debt has been outstanding for too long and they want it all in 14 days. I dont have the money to get these idiot bailiffs off my back, but I also dont owe it just because they typed something in wrong.

Am I right in thinking that the bailiffs cannot break in unless they have been in before??? And also what can i do about these idiots from dwp and sefton council who have been ignoring me??

Just to be clear too, housing benefit is from sefton council who have instructed Equita, and income support overpayment is from dwp but I havent heard from them at all since I sent a letter off requesting this info.

Any help would be massively appreciated!!!! x

[natant24]

Re: housing benefit overpayment and equita

Just another quick note, dont know if it matters but the letter from Equita says NOTICE OF APPOINTMENT AS DEBT COLLECTORS.
As I understand it, debt collectors are different from bailiffs arent they??

[natant24]

Re: housing benefit overpayment and equita

Bump

[bluebottle]

Re: housing benefit overpayment and equita

Just another quick note, dont know if it matters but the letter from Equita says NOTICE OF APPOINTMENT AS DEBT COLLECTORS.
As I understand it, debt collectors are different from bailiffs arent they??

That is correct. A Debt Collector has very little, if anything, in the way of legal powers. A bailiff has legal powers, but only if a warrant or other court document having the same authority exists, authorising them to collect a debt.

If Equita have declared, in writing, they are acting as Debt Collectors and then claim they are acting as bailiffs, ask to see the warrant or slam the door in their face. Under no circumstances, let ANY debt collector into your home.

[labman]

Re: housing benefit overpayment and equita

If you genuinely do not owe this money I would get both your Councillor and your MP involved. What date is recorded on the council's database for Council Tax? Would that back up your claim he moved in on Feb 1st? Did he give notice and move out on Jan 31st elsewhere? Anything like that which can substantiate your claim would be good.

In the meantime, I would write to Equita Debt Collectors and say the amount is in dispute, tell them what you are doing and say once the dispute is resolved, if you have to pay it, you will come to a repayment arrangement with them. It would be a good idea to start putting money aside each week now, just in case.

[bluebottle]

Re: housing benefit overpayment and equita

If you genuinely do not owe this money I would get both your Councillor and your MP involved. What date is recorded on the council's database for Council Tax? Would that back up your claim he moved in on Feb 1st? Did he give notice and move out on Jan 31st elsewhere? Anything like that which can substantiate your claim would be good.

In the meantime, I would write to Equita Debt Collectors and say the amount is in dispute, tell them what you are doing and say once the dispute is resolved, if you have to pay it, you will come to a repayment arrangement with them. It would be a good idea to start putting money aside each week now, just in case.

Sound advice.

[natant24]

Re: housing benefit overpayment and equita

Thank you both very much for your help and advice. My partner was staying at his place of work (it is a hotel/pub) before he moved in with me as he was very good friends with his manager and I have told both Sefton council this and dwp but it did not seem to matter with them. Because I had an interview at the same time with both sefton council and dwp, they have both come to this agreement together that he moved in a month earlier than what he did. I am going to get on the phone to sefton council this morning and tell them i am going to get my councillor involved and ask them to recall the debt from the bailiffs, I will keep you all posted on anything that happens.

I am right in thinking though that these bailiffs cannot break in for this debt arent i?? im getting a bit worried about that.

[CleverClogs]

Re: housing benefit overpayment and equita

I am right in thinking though that these bailiffs cannot break in for this debt arent i??

No, as the debt doesn't really exist. You meant alleged debt... :grin:

As for their ability to break in, I cannot comment, but they certainly may not break in.

[natant24]

Re: housing benefit overpayment and equita

I rang Sefton Council and they confirm that they have received my letter, it is on their database, they just havent got round to acknowledging or replying. The lady i spoke to was very helpful and has re-called the alleged debt from the bailiffs and put a note on the system to get someone to review it. As for the DWP, still not heard from them either. They are quick enough to get on my case but when I want them to look at it again because of their stupid mistake, they are slower than snails!

[wales01man]

Re: housing benefit overpayment and equita

They are not going to be quick to admit to their mistake.Good news bailiffs are off the case time to sort it all

[labman]

Re: housing benefit overpayment and equita

A good result so far, but keep on at them, and try to get the recalling of the bailiffs in writing. :beagle:

[natant24]

Re: housing benefit overpayment and equita

Sorry this is a very late reply, but I just thought i should let you all know, the bailiffs were called off, and sefton council and dwp have both admitted they were wrong and I owe them nothing. Thank you everyone for all your help and advice. I hope that this thread helps others too showing that local councils, dwp and bailiffs can back down if they are in the wrong, eventually!!

[labman]

Re: housing benefit overpayment and equita

Well done for sticking to your guns. Justice does prevail usually, but it can take real determination to get it - you did! :clap2:

[CleverClogs]

Re: housing benefit overpayment and equita

Sorry this is a very late reply, but I just thought i should let you all know, the bailiffs were called off, and sefton council and dwp have both admitted they were wrong and I owe them nothing. Thank you everyone for all your help and advice. I hope that this thread helps others too showing that local councils, dwp and bailiffs can back down if they are in the wrong, eventually!!

How much has the Council offered in compensation for the upset they caused?

[labman]

Re: housing benefit overpayment and equita

How much has the Council offered in compensation for the upset they caused?

:flypig::flypig::flypig::flypig::flypig::flypig::f lypig::flypig::flypig::flypig::flypig::flypig::fly pig::flypig::flypig::flypig::flypig::flypig::flypi g::flypig::flypig::flypig::flypig::flypig::flypig: :flypig::flypig: