Appeal made a person purporting to be a claimant

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  • #22627
    aosulliv
    Participant

    Looking at an appeal in regards to the recovery of an overpayment of HB.

    Overpayment was created in July 2003.

    The overpayment has gone through the legal process and charging orders have been obtained against the Landlord’s property. This was completed in July 06.

    On 9 August 2006, the L/A receive a letter from the claimant? stating that he was never notified of the decision in respect of the overpayment (although the system shows that both the Landlord and claimant were notified).

    It is clear from the style of the letter, and the signature, that the letter has not been written by or signed by the claimant.

    Any suggestions on how to proceed?

    #8908
    Anonymous
    Guest

    Send it back as not duly made and give them 14 days to rectify it?

    #8909
    aosulliv
    Participant

    I should have stated that the address given for the claimant is not the address he lives at.

    #8910
    Anonymous
    Guest

    Then write to the ‘appellant’ and tell them they’re not a person affected…and out of time, anyway

    #8911
    petedavies
    Participant

    I would not worry too much about content/style, it is the signature that is important.

    Treat it as not being signed and send it back with a covering letter. If you get a response which satisfies you that the appeal is signed by the claimant, fine.

    Otherwise send it to TS as not duly made – it is for them to make the final decision.

    #8912
    Kevin D
    Participant

    A variation (or addition) to Andy’s suggestion….

    Write to the clmt, at the address you know the clmt to be living at, enclosing a copy of the “dodgy” letter, explaining you have received the enclosed & asking the clmt to confirm whether or not he did in fact write the lttr and / or sign it. Also, it may be worth considering a comment in the letter to the effect you may ask for proof of identity…… :twisted:.

    Alternatively, or as well as, is it worth a visit?

    Regards

    #8913
    markp
    Participant

    I had an appeal just like this which I submitted as made by a person unauthorised to act exactly as Pete Davies suggested and TTS rejected it as such. So you have got some hope there.

    Do I know what I'm doing? The jury's out on that........................

    #8914
    Anonymous
    Guest

    I realise that what Pete says is true, TS have the final say…but if I was 100% sure it wasn’t the claimant’s signature, had come from a totally unrelated address, that the whole thing was out of time and done and dusted anyway, then I would be sore tempted to click the ‘complete’ button on the DIP system.

    #8915
    aosulliv
    Participant

    I have written to the ‘claimant’ and treated it as out of time also followed andy’s temptation

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