nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: Repaying a BL client says she never took out
Wed 27-Aug-08 12:42 PM |
The creditor must ‘prove’ the debt. In other words a person cannot just come along and say you owe me £500, he must provide some evidence to substantiate that allegation.
For a start there should be a record to show that your client was on IS/JSA/PC at the time of the decision. There should also be a copy of the BL claim form, a record of the decision, a record of the issue of payment, her signature on a receipt (as you say), or something else.
If they were to sue for debt in the county court the court would demand some tangible proof.
In CIS/3486/2007 (distinguished) the commissioner found that where there was lack of evidence that a particular office was in a chaotic state or that the computer records were unreliable then computer printouts of a record showing specific documents sent to a claimant could be sufficient evidence that they were in fact sent.
However, even though the burden of proof is the same, a civil court might demand something a little more rigorous.
If they are intending to recover from ongoing benefit then she would have to take legal action against them.
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