Overpayments

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  • #206588
    Katrina Jean Deacon DeaconKatrina Jean Deacon
    Participant

    Housing benefit is saying they overpaid me by £4000. Do I have to pay it back?

    #211717

    You could write to housing benefit (write as a living man, as the claim is against a fictitious person) with a conditional acceptance letter, asking for proof of claim that:

    The agency responsible for the overpayment is not responsible for its own errors
    The alleged overpayment was not paid and accepted in good faith and the recipient of the alleged overpayment was not at the time entitled to receive the monies paid through no error on his part
    The recipient does not have the lawful right to decline to be held responsible for the errors of others in circumstances of which he has no control nor liability over
    Proof that the alleged overpayment would not impoverish the alleged recipient
    Proof that the debtor would not with hold future payments due to this alleged overpayment
    The debtor is not without responsibility and/or liability for their alleged error.

    Request a copy of the full accounts so you can have them checked independently

    Please also consider what a contract actually is:

    A fraudulent contract is one you did not agree to. You cannot be charged a fee or fine for XXXX unless there is a contract agreeing to this. Contracts, not private corporations make law. A lawful contract (written) requires the following:
    * All parties must be living.
    * All the terms must be laid out and must be agreed to, by both parties.
    * No one can enter into a contract on your behalf.
    * The contract must be an agreement between two living individuals and must be signed in wet ink.
    * There must be no coercion, duress or threat of loss of harm.
    * Without full disclosure, or if the contract is not signed or correctly executed, then it is null and void. That is, full terms and conditions must be disclosed.
    * The contract must be executed in the presence of an independent witness or in the presence of two gov (or company) officers.
    * They cannot change a contract without notifying you in advance of any changes. You must be given the opportunity to reject the changes, or the whole contract, if you do not wish to accept those terms.
    * There must be a true exchange of value.
    Without all of these things, no contract exists. Also, a contract is null and void if you were criminally coerced into accepting it, i.e. You will register or you will be fined or put in jail! (e.g. signing up for income tax!)

    Ask them: “If you believe a contract between us exists, or that you have my consent to keep my data, or to issue a fine, please show me the evidence?
    By failing to provide me with this evidence you are tacitly agreeing that you do not have such evidence. I am not obliged to perform under a contract I did not knowingly enter into.”

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