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I think I incorrectly paid an overpayment

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  • I think I incorrectly paid an overpayment

    My mother was receiving some money to help with housing costs in 2015. She moved into another property in September of 2015 which belonged to my late father which we own so she informed the council that no further benefits were needed to be paid. I also did the same around the same time or a couple of months after we moved in. But she told me she had informed them the same week or so after vacating the previous property. I didn't realise they had continued to pay the benefits into her account for some months after our notification.

    We received a letter a few months later asking her to pay back the overpayment. The letter gave us 30 days to pay back about £1500 and had the usual threatening tone as these letters often do. I paid back £1000 of the amount on my own credit card, and £500 on a debit card.

    After some research only in the past few months, I discovered that if I make (multiple) notifications and they continue to pay the benefit it amounts to official error, and amount cannot be recoverable.

    I called my credit card company and they said they can reverse the transaction but of course I will need to provide evidence to support my claims that the overpayment needn't be paid.

    My next step is to contact the council to ask for her data (or my mother to do it) which needs to include recorded phone calls because I am confident we both told them at least 3 times.

    What is the general approach I need to take when requesting data like this such as phone call recordings?
    Tags: None

  • #2
    Re: I think I incorrectly paid an overpayment

    I think the response you will get will be that you've paid it back so that is the end of the matter.

    Comment


    • #3
      Re: I think I incorrectly paid an overpayment

      Originally posted by ostell View Post
      I think the response you will get will be that you've paid it back so that is the end of the matter.
      Not necessarily, if I do a dispute the money can be credited back to me, and if the bank is satisfied with my evidence the council will have the funds retracted so in effect the payment would be reversed.

      I just need some guidance on what options I have in obtaining data on the account and correspondence and phone calls, because ultimately that's where the notifications will be made.

      Comment


      • #4
        Re: I think I incorrectly paid an overpayment

        Send them a SAR http://legalbeagles.info/library/gui...ccess-request/

        Comment

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