Complaints procedure.. What happens if no reply in 28 days?

[BellaBoo0512]

I received a letter just over a month ago stating that I'd been overpaid almost £2,000 housing benefit. This was a mistake on their part, I gave them all the correct income details when I applied for HB and was told I qualified then 6 months later got the letter saying I wasn't entitled.

I went to citizens advice and they helped me to write a letter to ask the benefit department to review their decision and they have 28 days to reply. It's been longer than 28 days now and I've not heard anything from them.

Does anyone know what happens if they don't get back to me within the 28 days?

 

[hayz_baby]

I don't think it's regulated so I don't think there is a legal standing. (Correct me if in wrong.. I know for example if a bank hasn't resolved your complaint within the regulated time then u take it to the ombudsman.) I would get on them again.. Maybe also raise it to your local mp

 

[BellaBoo0512]

Do you think I should send them another letter? I know it's coming up to the end of the financial tax year so they are probably mad busy but if they told me I had 28 days to reply to them and didn't I'm pretty sure they would come down on me like a tonne of bricks! It's so unfair of them to leave me hanging like this over something that's their fault in the first place.

So annoying!

 

[hayz_baby]

Do you think I should send them another letter? I know it's coming up to the end of the financial tax year so they are probably mad busy but if they told me I had 28 days to reply to them and didn't I'm pretty sure they would come down on me like a tonne of bricks! It's so unfair of them to leave me hanging like this over something that's their fault in the first place.

So annoying!

Oh I know it's completely one sided! Like when U owe hmrc money compare to when they owe you money!
I would defo kick it up a gear higher then letter. Start ringing.. Do you have proof of postage?
My theory is when u need an answer but your not getting a reply u have to pee people off.. So i would start getting consistent too. X

 

[BellaBoo0512]

Yeah I've got proof of postage.. Sent it recorded delivery so they have no excuses I thought about ringing but then wouldn't have any evidence of speaking to them if I ring. There is an email address on the letter they sent to me so maybe I will write them an email tomorrow and find out what they are playing at! x

 

[summer rain]

Similar happened to me many years ago. It took the council a year to start paying me HB because they kept losing the proofs I have to them and kept claiming I was earning £250 a week out of nowhere! At the time I was a student so was meant to receive about 15% less due to this but they insisted I was entitled to the full amount. Months later they said they had overpaid me and tried to demand the amount back, and said they would stop my benefit and take court action if it wasn't paid back. I wrote them a very strongly worded letter and went into their offices in person and proved to them that I had paperwork showing I had been in their offices practically every day for a good part of a year and some of the paperwork I showed them was about me being a student and also showed them the letters they sent that insisted I was entitled to full HB. I think I was there for about two hours but in the end they admitted it was all their fault and there would be no further action.

If you make a complaint and it's not resolved satisfactorily or within the time frame specified you can escalate it to the head of whichever department you are complaining to, then if that doesn't resolve it you can complain to the chief executive of the council and then there should be someone external and independent you can complain to xx

 

[suzib76]

I would phone and ask and then out in a letter if you don't get any joy