how to appeal an overpayment

[nattylou74]

Dh was unemployed.

We applied for c tax benefit. Refused as I work p/t.

Informed that dh had started work. Then we were notified that we were entitled to a c tax reduction. Queried it, as dh was working. Informed we were entitled. All ok.

In2012-13 and 2013-14, bills were covered or partially covered by benefit. Council were informed each time that dh was working, each time we were informed that we were entitled and all was ok.

Received a Benefit review form. Completed it,with dh wages etc.

Have been told now have a £3400 overpayment! They want it in full by 31st March, which we can’t do.

I asked for them to look again at the decision (as per their procedures),re-iterating that they had been informed on SEVERAL occasions that dh was working.

I sent the letter to ask them to reassess their decision. What we got back was just a breakdown ofthe (non) allowance. I'm not sure what to do next. We want to appeal, but not the decision regarding the allowance for benefit, just the overpayment amount, as they were repeatedly informed that dh was working, but they kept saying that we were entitled.

I need some sort of template letter, as they haven't told me how to appeal, and we only have a month to do it.

I have done our budgeting and we can afford to pay £15 a week to the overpayment as well as the normal weekly amount for the standard bill. I'm hoping they will accept this.

[ploddertom]

Re: how to appeal an overpayment

How did you inform them - phone, letter or email? If by phone then you may need to serve a Subject Access Request on them.

[nattylou74]

Re: how to appeal an overpayment

How did you inform them - phone, letter or email? If by phone then you may need to serve a Subject Access Request on them.

It was by phone, but my husband did it, and didn't take names of the people he spoke to.

Do I need to do a Subject Access Request before appealing? Like I said, we only have a month to appeal.

[nattylou74]

Re: how to appeal an overpayment

How does this sound?

With reference to the above claim, please accept this letter as a formal request to reconsider the amount of the overpayment as part of the appeals process, under the grounds that “there were procedural and official irregularities on your part which has prejudiced my case”.

As has been previously stated, you were informed of a change of circumstances and repeatedly advised of possible overpayments at the time. As a consequence of your failures to take action, it was assumed that the payments were in fact correct. On that basis, if an overpayment has been made, I would consider this to be an "official error" on your part.

Please contact me at your earliest convenience with your decision on the above claim.

[wales01man]

Re: how to appeal an overpayment

How much go you say you were overpaid?

[nattylou74]

Re: how to appeal an overpayment

about £3467

[wales01man]

Re: how to appeal an overpayment

Is there a letter trail with letters you received telling you about the benefits when they were paid and when payments are stopped,if you had these you can with a SAR them for the copies and transcripts of phone calls.
You should contact them and ask them to hold any action until you have all info.
Common sense on their part should be to get you to pay what you can afford when its clear what you owe.

[nattylou74]

Re: how to appeal an overpayment

We have a breakdown, whoich we recieved last week. I asked them to re-assess their decision, as part of their process. All they sent us was a breakdown of the benefit and when it stopped. We don't want to appeal the decision on the benefit, just the amount of the overpayment. We just received a bill in March, then a further 5 or 6 bills, each with different amounts on. We paid between £6 and £12 a week. They also didn't pay us any benefit when my hubby was actually unemployed, but started when he was back in work!

I have documents at home that I can find when I get home later. I just want it all sorting out.

[wales01man]

Re: how to appeal an overpayment

You must get get ALL the info every letter ETC a SAR will get this £10 well spent.

[nattylou74]

Re: how to appeal an overpayment

so do I do a letter requesting a SAR before starting the appeal process?

[wales01man]

Re: how to appeal an overpayment

might be best to ask them to hold any action while you get the Info from them this is needed for an appeal.

[seduraed]

Re: how to appeal an overpayment

The other advantage of a SAR is that you can compare your copy of the documents with those sent under the SAR. This should highlight if there is any naughtiness going on and they have altered documents to suit their case .

[nattylou74]

Re: how to appeal an overpayment

so, is there a template letter for a SAR?

[ploddertom]

Re: how to appeal an overpayment

There are all sorts of SAR requests from the simple to those that resemble a novel. I prefer the simple approacH

"From:
My Name
My Address

To:
Acme Council
Council House

Date

Dear Sir
Data Protection Act 1998
Subject Access Request

Dear Sir


Please supply a complete list of ALL the data held and used by you that relate to Mr XXXX. It is also to include third party information held with all other agencies.

Additionally where there has been an event in the account(s) history during the period accounts have been placed with you that have required any manual intervention by any member of your staff or any other person I require disclosure of any indication or notes which have been caused or resulted from that manual intervention.

I would like to bring to your attention data can be held in written information, e-mails, electronic documents, photographs, CCTV images, telephone conversations and include any recorded or written opinions about me/us and any recorded or written intentions and action taken regarding me/us.

I/We would like this information to be sent to my/our home address as listed above. You have 40 days in which to comply.

To satisfy payment to supply this information I/we enclose a fee of £10 this payment must not be used for any other purpose.


Yours sincerely


A Peeved Debtor"

However you could adapt it just the relevant information you require.

[nattylou74]

Re: how to appeal an overpayment

Thank you so much for that. Can I add in the bit about putting any action on hold, or will they automatically do that?