Buchanan Clark Wells demand for housing benefit overpayment

[ormiston]

I am currently on JSA of £65.45 and already repaying an overpayment to a Council through another DCA (Stirling Park). Now received demand from BCW for whole amount of housing benefit to be repaid, which is absolutely impossible. I already have £5 a week taken back by DPW which takes my weekly income to £60.45 and as stated am paying £10 a month to another DCA for repayment of council tax to the same Council. I have no other income and am in seriously difficult circumstances. No bank account, only the Post Office account that benefit is paid into. I have not as yet responded to the letter from BCW and would like advice as to how to handle it. I know not to phone them from reading advice on this excellent site. Can somebody help please? Thanks in advance.

[maroondevo52]

Thread moved to Debt Collectors Forum.

[PGH7447]

contact the council and see what the hell is going on, in the meantime write dont call BCW and demand proof, also mention that as far as you are aware you are paying this off through both a claim back by the dwp and the other mob

[ormiston]

Hi there, have contacted the Council who, needless to say, still haven't replied. Meanwhile I have had several threatening letters from BCW and one which states that they can confirm that the claim relates to Housing Benefit overpayment but that they do not hold agreements or invoices. AS it happens I have not actually received an invoice from the said council so have had no chance to offer payment terms to them direct. They have simply passed it straight to BCW. Where do I stand on this? In any case I have no bank account and only receive JSA from which deductions are being made. If I offer to pay anything at all, does this stop matters progressing to court? Would appreciate any help, your help so far has been great. Also, is it a good idea to email BCW or should I stick to normal letters. I do know not to call tham!

[BRIGADIER2JCS]

From my experience if you are a single person on an income of around £60.00 per week

you would if it came to court action be told to pay less back than you are now, every one is entitled to a minimum

income guaranteed by the government.

 

A visit to local Citizens Advice Centre can be of great help as they deal with this type of case everday.

As above to no contact the DCA other than in writing.

[Bazooka Boo]

Just an observation, but how did these overpayments occur? Was it through your doing, or was it an "admin" error?

 

If it was the latter, then any overpayment can be written off, if it can be proved it is because of their doing.

[BRIGADIER2JCS]

Doesn't this just show the stupidity of the Government using callous DCA's

to to chase benefit over payments as I gather more & more the DWP et al

don't pass on any history of how or why the over payment has occurred.

I am going to put this to my MP and see what happens.

[harrassed senior]

Income tax debt is now also sent to DCAs, and they also threaten Bailiffs without a Court Case, and I understand that this does happen and we have absolutely no rights at all. (from personal experience)

[BRIGADIER2JCS]

Hi HS,

No rights at all since the Inland Revenue Service was amalgamated with

Customs & Excise whose rights of access and seizure are quite phenomenal

(professional experience).

Although you can refuse entry if they do not have a warrant,the officers if allowed in can levy on

your goods I believe this must conform to the normal tools of trade and essential living

goods being exempt.

[caledfwlch]

I thought a council debt could only be removed from JSA at £2.50 a week.

 

Which is what the OP should be paying, not £5 here, and £10 to another DCA.

 

Write to the debt collector and tell them to contact the DWP for it to be deducted at source in lawful amounts.

 

Except of course they cannot, and in this case have absolutely no powers at all, not even to go to court. you are paying the DCA for nothing. Pay council direct.

[BRIGADIER2JCS]

See post 7 this is the big problem Government departments negating their

obligations under statute by employing the often corrupt DCA's to collect what is

often the departments mistakes.