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 Included in my bankruptcy was housing benefit overpayment
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cpharo
New Member

United Kingdom
58 Posts

Posted - 16 April 2012 :  21:54:06  Show Profile  Reply with Quote
Hi,

I was declard bankrupt in january 2010 and discharged in aug 2010.

Included in my bankrupty was a housing benefit overpayment payment.

I have not claimed housing benefit for the last 4 years and have paid all of my rent on my own.

I have recently dropped my hours at work and have had to put in a claim for housing benefit. I received my award notice today and the council have said that they are going to deduct £23.15 per week from my benefit entitlement to claim the money back for the overpayment 4 years ago.

My question is can they deduct this as the bebt was included in my bankrupty?

debtinfo
forum expert



2826 Posts

Posted - 16 April 2012 :  22:05:26  Show Profile  Reply with Quote
no as long as it was included in the bankruptcy
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Melanie.n
forum expert



United Kingdom
1282 Posts

Posted - 17 April 2012 :  08:38:10  Show Profile  Reply with Quote
Hi there, as Debtinfo advises - if the debt was outstanding at the time of the bankruptcy, it is included in the bankruptcy. You need to either write to the Council Offices and provide a copy of your Bankruptcy Order, or call into the ofice and hand them a copy of the Bankruptcy Order. This would then provide them with the confirmation they need to process your new claim

Personally I would call in to the offices and deal with them direct.

Hope this helps, Melanie

Melanie Nicholas CertDR
30+years insolvency experience - 23 of which in the Insolvency Service and the past 8 years with a number of IP firms.

If I can be of any help to you in any way or answer any queries, concerns or worries you may have, or with completing the forms for bankruptcy, please do not hesitate to get in touch -I can be contacted via the experts tab
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mydebtpages
Starting Member

43 Posts

Posted - 17 April 2012 :  11:38:32  Show Profile  Reply with Quote
Hi cpharo

The only exception to the above would be if the overpayment occured as the result of a claim which was deemed to be fraudulent.

Otherwise the debt is included in your bankruptcy whether notified or not.

Regards

- MyDebtPages
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