CCJ for HB not served papers - didn't know about CCJ

[James555]

Hi

 

My local court wrote to me to ask me to pick up documents.

I presumed that it related to outstanding housing benefit (which I had paid regardless of sec 71 of SSAA).

 

The papers turned out to be judgement.

 

Now I have received a request for details of my pay.

 

I would have defended this as per the decision in October 2009 as it was not my mistake that generated the overpayment

 

and I was not aware that they had done so until they wrote to tell me about it.

 

How can I get the decision overturned?

 

Any help would be greatly appreciated.

 

Please don't use acronyms though as I have no familiarity with any of this.

[unclebulgaria67]

Hi

 

My local court wrote to me to ask me to pick up documents.

I presumed that it related to outstanding housing benefit (which I had paid regardless of sec 71 of SSAA).

 

The papers turned out to be judgement.

 

Now I have received a request for details of my pay.

 

I would have defended this as per the decision in October 2009 as it was not my mistake that generated the overpayment

 

and I was not aware that they had done so until they wrote to tell me about it.

 

How can I get the decision overturned?

 

Any help would be greatly appreciated.

 

Please don't use acronyms though as I have no familiarity with any of this.

 

I believe you would have had 30 days from the date of the overpayment decision on housing benefits to appeal.

 

I think you need to find out why the HB people did not manage to write to you throughout the relevant period and it has ended up in court to enforce via an attatchment to earnings.

 

The way to fight this is via the HB people. Phone them up to find out what has happened here. Why didn't they contact you, so you had the chance to appeal.

 

Not sure you can stop the court process, as for HB overpayments, I suspect it is a rubber stamping exercise. You may have to allow the attatchment to earning at an affordable level and make a complaint to the HB people. But speak to the court staff and they may be able to help. However, saying that I have found a like which mentions a set aside process. ( see post from stainsby on the link form 3/9/09 )

 

http://www.rightsnet.org.uk/forum-archive/indexa10c.html

[James555]

Hi Uncle

 

Thanks for the response. I suspect that your link is out of date as there has been a ruling that overpaid housing benefit cannot be reclaimed if the reason for the overpayment was not related to the claimant (in 2009). On that basis, I was hoping I would be allowed to challenge the ruling. I was also under the impression that according to the Human Rights Act, I was entitled to my 'day in court'. Housing Benefits knew were I lived as the court had been writing to me there for some time as well as sending my council tax bills to that address. I presumed on that basis that I would be served papers and able to present a defence.

 

Even though it was only a moral debt, I actually made payment some weeks before which my local council decided to interpret as an overpayment of council tax (regardless of any reference on the bank payment).

 

Frankly, I feel as if I've simply been caught up in SNAFU at a clerical level but I need to correct it. So, I presume that I need to find a way to challenge teh ruling and have a judge make a ruling after hearing my defence.

 

If you can offer any advice on this, I'd very much appreciate it.

 

TIA

 

James

[unclebulgaria67]

Speak to the court about this. They may have a form to complete to request a hearing, which may cost you.

[James555]

Thanks, I will. Really appreciate you taking the time.