thank you Peter, we did invoice the LL and they have paid the LA in full, but because they are recouping it from him, he has involved a solicitor and the solicitor is asking the LA to change its decision and mark the OP as LA error as the claimant informed the LA that the property was not supported and therefore the solicitor states the LA failed to follow this up therefore is LA error.
I agree the overpayment classification should not be claimant in the first instance as the claimant did not contribute to the HBOP and wasn’t even aware it was occurring.
The solicitor is stating that if the decision is not changed by the LA he will have to alternative but to look to take the matter to Court. The Solicitor is aware the HA have paid the invoice in full and the HA have not disputed the HBOP of over £7K, the problem has arisen that the HA are now trying to obtain the overpayment amount from the claimant.
