how to appeal an overpayment

[Amethyst]

Re: how to appeal an overpayment

ahh ok, fair enough

It is entirely up to you, there is a limited time to make an appeal so you need to keep in touch with the benefits people - I'm not sure if you can put the appeal in based on your own personal knowledge (ie that you rang them and informed them each time etc) then back it up with the outcome of the SAR afterwards.

[nattylou74]

Re: how to appeal an overpayment

**update** - we sent a letter offering £x a week, and also in the letter we asked if we could pay the 14-15 bill over 52 weeks instead of 42. We sent the letter on 3rd March. I requested that they were to get in touch as soon as possible if the repayment plan was unsatisfactory.

We heard nothing at all until we received the 14-15 bill which was split into 52 weekly installments, as we had requested, so I KNEW that they had read the letter. At the bottom of the bill was the outstanding amount, but that was all it said, that it was outstanding, nothing else. So, I took it that they had accepted the offer of repayment, seeing as there had been no other letters. The first installment is due on Monday, and the standing order is set up ready to go.

It is now 28th of March and we've had no other communication, no letters or phone calls anything regarding the overpayment.

BUT, today I came home to find a small white van outside our house, and 2 guys, wearing blue fleeces with green ID badges. They rang the doorbell twice but I didn't answer. They didn't even leave anything through the door when they left either.

Could these guys be anything to worry about or are they more than likely not even related?

[Ilovetherockies]

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.

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This is absolutely ridiculous! If they overpaid you DESPITE the fact that you told them that your husband was working, it's the Council's oversight. But it's so typical....and reflects what I have just gone through with an alleged overpayment. They won't put any account on hold and will keep on sending you letters demanding the alleged overpayment. After about 6-9 months they will take you to court and get a Liability Order. I would appeal to the Tribunal and let them decide. Put an official appeal in (Google Appeal Application for Council Tax or just Appeal Tribunal maybe) and sent it to DWP's Tribunal. That's what I did. Once you've had a letter saying your appeal has been lodged, sent a copy to the Council and ask them to put your account on hold until the Tribunal hearing (took 6 months in my case). If you decide to go down that road, don't make any further offers of repayment. I'll gladly help with the Appeal paperwork.

[Ilovetherockies]

Re: how to appeal an overpayment

I've never heard of that! I wouldn't worry about it.