My client took out a mortgage on 5.12.03 and applied for SPC on 19.12.03. The SPC was backdated automatically to 6.10.03 and therefore has made the loan as being taken out during a relevant period. The housing costs were paid up to a recent date until my client applied for additional costs due to property repairs and it was found that the original housing costs were erroneously paid. (none of exceptions apply).
I want to argue that it was only because the SPC was backdated that the loan falls in a relevant period. Unfortunatly, cleint did tick the box on the claim form that asked if he wanted SPC paid form 6.10.03.
Any ideas how to get my clients housing costs paid, and how to argue that had he known about the housing cost rules he would never have ticked the payment from 6.10.03 box. The pension centre say they will not recover the housing costs paid in error.