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council tax issues

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  • council tax issues

    hi, I need urgent advice on council tax and housing benefit issues. this case goes back to 2005 when my ex partner left the property and returned back after 7 months. before he left we were getting family benefits. when he left I applied for single parent benefits. when he returned back in 2005 we were not a couple. so he informed the council of this so he could get his share of council tax and housing benefit. in sept 2012 I get a letter from Waltham forest council demanding for over £14,000 overpayment in council tax and housing benefit. this is incorrect because they were informed of changes of circumstances. how can they after nearly 7 years bill me for this???? I need help and legal advice I have appealed against the decision and awaiting a appeals date so can present my case to the tribunal. I need advice can the council ask for such a payment? they only doing this because they were reviewing single parent claims, if that wasn't the case I would never have heard or been asked to pay this!!! this amount is incorrect its and clerical error. is this reasonable for the council to ask for this payment? if its them not updated my records going back to 2005!!!! thanks
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  • #2
    Re: council tax issues

    What steps have you taken so far to try to rectify this situation? It is perfectly reasonable for them to try to reclaim overpaid public monies if they believe the overpayment is genuine. A friend of mine had a demand for over £19000 and they ended up writing the entire alleged overpayment off.

    Do you by any chance still have proof you notified the change of circumstances - I realise that's a big ask! Your local councillor may be able to offer significant help with this, and it might also be writing to your MP.

    Comment


    • #3
      Re: council tax issues

      Might section 9 (link) of the Limitation Act 1980 apply here?

      Comment


      • #4
        Re: council tax issues

        Originally posted by CleverClogs View Post
        Might section 9 (link) of the Limitation Act 1980 apply here?
        Sadly not - it doesn't apply to the public purse.

        Comment


        • #5
          Re: council tax issues

          Originally posted by labman View Post
          Sadly not - it doesn't apply to the public purse.
          Are you sure?

          9 Time limit for actions for sums recoverable by statute.

          (1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.
          Of course, one could take up the matter with the Head of Revenues, then the Council CEO or Grand Pooh-Bah, before referring it to the LGO.

          How did your friend do it?

          Comment


          • #6
            Re: council tax issues

            No idea how my friend did it! Can you define 'action' for me in the above -ie- An action to recover any sum ................?

            Comment


            • #7
              Re: council tax issues

              Just to clarify for my benefit.......
              Are you still getting benefits?
              Is your 'ex' still there?
              What dates from and to are they asking to be repaid?
              Was your ex living at the house during the time specified?

              And it's not just single parent claims they are going after. The DWP,for instance,is going back 30 odd years and sending bills out.

              Comment


              • #8
                Re: council tax issues

                Originally posted by Inca View Post
                The DWP,for instance,is going back 30 odd years and sending bills out.
                So it won't be long before they catch up (allegedly) with IDS? msl:

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                • #9
                  Re: council tax issues

                  Originally posted by labman View Post
                  No idea how my friend did it!
                  FMOL?

                  Comment

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