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He wants to plead not guilty because they did not know that the council had been overpaying them. They have always given them all the information they asked for and now they are taking them to court. This is going back over 5 years and they say they owe them £7,000. As i said before they have been trying to pay it off without even knowing why they owe it. They are on very low income and are finding it hard to pay the £1,000 they have already sent them. The 700 document was asked for 6 months ago, but in the mean time they have been trying to pay it off. Now they get the document and a court sumonds at the same time. Should the council not be the ones proving that my brother owes the money, they said it is up to him to prove that he dosn't. thanks
If the council has asked for there payslips each year and they have sent them all to the council it looks like the council have made a mistake and then noticed it. It was not done dishonestly because they don't know why they owe it. It has taken the council 5-6 years to suddenly deceide that they owe them this money. What i can't understand is why they did not notice in all the years running up to now. Each year my brother would have sent all his and his wifes payslips and not in any of the years previously did they say that there was a mistake and there had been an overpayment. At least if they had let them know in the first year they would have only owed them just over £1000. thanks.
They initially asked him to pay so he has been trying to do that and has so far paid £1000. Can they just take him to court even though he is trying to pay back something he did not know he owed. Do you think that the court will say he has to go on paying maybe but at a lesser amount, i thought so long as you are trying to pay it back you can't get taken to court.
It just seems to me that my brother asked them over 6 months ago to send him the paperwork so that he could see how this happened. Then late at night they drop it off with a court sumonds. What is the worst that could happen to him, bearing in mind he never knew he owed it to start with and then when he did he tried to pay it off. thanks