Yes and No. As usual with these things I'm afraid there isn't a simple answer, and as a non-lawyer it's impossible to say either definitively. You need to go and seek professional advice.(posted 8338 days ago)Some of the factors that get you to a Yes-its-too-late or No-its-a- fair-issue are as follows. It might save you and your solicitor time (and therefore your money) if you can consider and answer these points: 1. Time. When did all this happen? If too much time has elapsed you could be statute-barred from pursuing the issue, but I think this is only true in civil proceedings.
2. Legal Advice. What access to legal advice did you have at the time, and how were the affidavits wrong? If you can prove DLA knew there were errors in the affidavits, or if the documentation regarding the notice to vacate was factually wrong then you have a good case.
Final point to note is that THEY want YOUR money, so they can say what they like. You, equally, are entitled to ask whatever questions you like.