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Housing Benefit Paid into Overdrawn Account, Specifically Requested Not to

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  • Housing Benefit Paid into Overdrawn Account, Specifically Requested Not to

    Hi,


    A few years ago I requested housing benefit payments to be paid direct to my landlord as I was having difficulty managing finances. My housing benefit payments were suspended while they considered this (a normal procedure). This was mid way through an active claim, and the HB payments were previously made by cheque (my bank account was overdrawn, so I requested cheque payments which was agreed) before I requested them being made direct to my landlord.


    Then, when the housing department decided they could not pay direct to my landlord as I didn't meet the criteria (fair enough), the housing benefit for the period of consideration was paid into my (overdrawn) bank account and swallowed up, all except £41.


    I had to fill out a 'Change of Circumstances' form explaining why I initially wanted cheque payments rather than payments into an overdrawn bank account. However, I never filled in such a form requesting payments be made back into my overdrawn account, and we had no discussion about this.


    As a result, I am over £400 in debt to my landlord and I honestly don't think this is my fault. I have contacted the council about this issue and they say there's nothing they can do. They said to contact my bank and talk to them about 'first right of appropriation'. The council know that this applies if it's mentioned before any payments are made, not after. Yet they seem unwilling to help on this. Nowhere will they have a form requesting payments be made back into my bank account.


    I would appreciate any help and advice regarding this, as I don't feel it's fair for the housing department to wash their hands of a clearly clerical error on their side.


    Thanks again

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