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  1. Hello, this is the second of many questions that I am hoping that someone can answer. For a history of where my sister and I are at please see our earlier posting under NHS. well, as I have explained in the other post, the council is intent on evicting our dad from the family home which legally is owned by a family trust (50%) and mum (50%). In addition they are also wanting to have 50% of what monies are in joint accounts (mum & dad) and the whole amount that are in mum's name only (being money/shares that dad deposited there over the past 30+ years). Mum has about £287,000 in her own name mainly in bonds and shares with another £88,000 in joint accounts. The state of play is that mum owns 50% of the home being £325,000 + £287,000 + £44,000 = £656,000 whereas dad legally ends up with £44,000!! The original source of all of that money is dad, he earned every penny of it, but put the vast majority of it in mum's name. We are seriously thinking of thwarting the council and getting dad to clear out all of the money in the joint accounts. This will at least give him enough money to live on and be able to rent somewhere when he is evicted. The council as far as we can understand would try to get the £44,000 off him. Does that sound reasonable giving how hard faced the council are being with mum & dad's home? Obviously the money would be in various bank accounts that both my sister and I operate. Dad is of the opinion that if the council do come after the money and they eventually obtain a legal order "he will set fire to the whole bloody lot and than no one gets it!"
  2. Hello, I do hope that I am on the right forum, if not please move me. We have many questions to ask, but for the time being, this one is the most important. I am one of two married sisters and are both very concerned over financing healthcare for our mum. The backround to it is that their home about 22 years ago, which had always been in mum's name, but dad provided the original finance to buy it, half the value was transferred into a family trust for their grandchildren (our kids). This was done by the trust paying off the outstanding mortgage, so obviously it exchanged the cash for the half interest in the property. Fast forward, their home is effectively owned as to 50% (£325,000) by mum and 50% (£325,000) by the trust. Mum is having to go into residential care and we have had to undergo a means tested review. The council want to take mum's 50% as her available capital + 50% of the monies held in various bank in mum and dad's joint names less £23500. Where does our dad feature in all of this? His name is and never has been on the deeds nor on the old mortgage. I do know that when they moved in 30 years ago, dad had to sign a disclaimer that he had no call on the property and that he was resident with mum on a 'temporary residential licence' only. Dad (76) still lives at home but it is looking very likely that to fund mum's (74) care he is going to have to move out and the house be sold. We both thought that as long as one of the spouses (mum or dad) was still resident, then the value of their home should be ignored. Our fear is that dad will be left homeless with no money other than his half in the deposit accounts. On the sale 50% of the house proceeds will revert back to the trust and the other half will be taken by the council excepting the first £23500. Surely this shouldn't be happening?
  3. I have an assured tenancy in a housing association flat. I first moved into the complex in January, 1994. Due to my disability stairs were a real problem, so in February 2001 I transferred down to this flat which is on the ground floor. If I came into some money would I have to leave my flat? The amount wouldn't be enough for me to buy my own place and I wouldn't get a mortgage as I am not working due to disability. This flat has been adapted for me and can be adapted further should I need to use a wheelchair in the future. I would stop my means tested benefits and would then be paying my own rent direct to the HA. I'd welcome any info/advice. Thanks
  4. Back in 2009 a relative was in a relationship and their claim was treating them as a couple. Their partner had several social fund loans and after they seperated my relative applied for a Debt Relief Order (DRO) poor person's bankruptcy through their local CAB office. The social fund laons were added to their DRO and confirmed ok by the Official Receiver's department who dealt with the paperwork in 2010. However, the DWP have been making deductions from their benefit in respect to these old SF loans which is leaving them in financial hardship. The SF office have said they can review the deductions being made but it will probably take approximately 6-10 weeks to deal with, by which time the loan will have been repaid, so that's not an option. Today, I have discovered that the DWP won a court battle over SF loans being added to DRO's and following that case it was agreed that with effect from 19th March 2012 no one could include any SF loans to a DRO, but any DRO's prior to that date were to be written off by the DWP. Therefore, the DWP should NOT be deducting this money from their benefit but I cannot locate the court case or legislation to which this refers in order to notify the SF loan team that they are in breach of this and that all deductions should be refunded back to the claimant. I have searched througth google and gov websites etc but to no avail. Please can anyone help locate this bit of caselaw or legislation for me? Many thanks Shelley
  5. This is the link to the National Federation of Housing (NHF) submission to DWPs Consultation on Data Sharing with Social Landlords about Universal Credit (17th October 2014). The Department for Work and Pensions (DWP) consulted on changes that will allow information to be shared with social landlords about Universal Credit claims. The proposals would means that landlords would find out when their tenants are moving onto Universal Credit. http://www.housing.org.uk/publications/browse/data-sharing-and-universal-credit/ Please remember this is only their Submission to DWPs Consultation and within that link is a link to the full consultation document as well as the NHF submission link which is a PDF download.
  6. This is the link to the National Federation of Housing (NHF) submission to DWPs Consultation on Data Sharing with Social Landlords about Universal Credit (17th October 2014). The Department for Work and Pensions (DWP) consulted on changes that will allow information to be shared with social landlords about Universal Credit claims. The proposals would means that landlords would find out when their tenants are moving onto Universal Credit. http://www.housing.org.uk/publications/browse/data-sharing-and-universal-credit/ Please remember this is only their Submission to DWPs Consultation and within that link is a link to the full consultation document as well as the NHF submission link which is a PDF download.
  7. This is the link to the National Federation of Housing (NHF) submission to DWPs Consultation on Data Sharing with Social Landlords about Universal Credit (17th October 2014). The Department for Work and Pensions (DWP) consulted on changes that will allow information to be shared with social landlords about Universal Credit claims. The proposals would means that landlords would find out when their tenants are moving onto Universal Credit. http://www.housing.org.uk/publications/browse/data-sharing-and-universal-credit/ Please remember this is only their Submission to DWPs Consultation and within that link is a link to the full consultation document as well as the NHF submission link which is a PDF download.
  8. Hi, I'm not sure if I have posted this in the right place as I could not find a forum related to my query. I have just received a 'request for meeting - warning you are at stage one' because I owe a little over one weeks rent. I am fuming, this is the second one I've received, (the first one at the end of August because again I owed just over one weeks rent) I get paid at the end of the month and always make my rent payment on that date. By looking at my rent account they can see that I make regular payments and I feel like they are harassing me. But before I call them I was wondering if anybody knows if they can send these warnings for such a little amount of rent arrears? I always thought it was four weeks arrears? and I obviously don't want to go in all guns blazing if they are allowed to do this. She has said in the letter, 'Despite my previous letter you still have a rent debt of £just over one weeks rent. It is important that we meet to talk about how you will pay this debt. (I have paid two lots of rent since the previous letter, putting me in front until this week) It then says in bold - If you don't keep this appointment o arrange another one and the debt remains unpaid, I will start legal action which could result in you losing your home. The appointment is for the day before payday??? How much sense does this make. Anyway, calmed down a bit now I have typed my frustration If anyone knows if they can send these letters I would be grateful Many thanks
  9. Hi I've had a few problems with a group of girls at work recently - one in particular who likes to cause trouble. Anyway, after a horrible day on Friday - I came home and put a status on my wall - this is exactly what I wrote but fill in the blanks. "Thank f**k for the people that make working bearable - because f**k me do I work with some a**eholes". The majority of comments were asking if I was ok but one of the above group of girls started an argument and goaded me into stating one of the girl's names. I stated her name and basically that she knows that she causes drama for every person she comes across. No reference to the company I work for, no surnames - just first name. I got called in by my Manager (who incidentally is pally with this girl) and informed that he had passed my 'disgusting' status to our Head of Department who has passed it on to HR. I'm obviously thinking that they're trying to sack me for gross misconduct. Any thoughts? I'm a hard worker - regularly given incentives for extra work that I do etc and I'm finding this whole thing really stressful. Please help
  10. I previously wrote post titled ‘housingbenefit overpayment due to rent free weeks being paid’ 7 days ago. I receivednumber of responses and also tried to clarify a few points. ID6052 may have hitthe nail on the head but the landlord say the arrears refer only to the currentproperty! My last contact with landlord was 2 daysago, Monday, when landlord employee said she would post out to me a printout ofMothers rent account and a few paragraphs as to how they see the rent arrearshave arisen. At least with this it would be something tangible and in writing.The only way the landlord has dealt with this is via 2 calls and 1 visit frommyself to their offices (when I spoke to different member of staff). Haven’treceived this information in writing yet-at time of posting. I did yesterday, speak with my Mother,again 7 days after she, and then I, were made aware of the rent arrears accruedaccording to landlord, as explained in earlier post. Mother told me she had received letterfrom landlord head office demanding that she pay rent account arrears (of over£500) within 3 days or further action will be taken. This is the 1stletter that has been received regarding this problem. No explanation in writingas to how arrears accrued, just a straight forward demand for payment within 3days. How can landlord be allowed to send aletter of demand when they have not even explained fully how they arrears havearisen? Don’t know of each of other 40 affectedtenants have been treated similarly but find the landlords practicedisgraceful. Surely there is protocol which they must follow before sending outdemand for payment? So enraged that a pensioner with health problems and dementia is allowed to be treated this way. Comments welcome.
  11. Hi Just wondering if anybody has experience with Social services for personal health care budget for MH conditions? I'm wondering how sucessful applications are for educational courses. I can't afford to pay for any more courses and it is helping me access my community. Any info would be a great help, thanks.
  12. I have just received a letter from the DWP stating they will be taking £6.35 per week from my ESA over three social fund payment from 1997. I had this out with the DWP months ago when i first got the demand. I sent the DWP a Data Subject Access Request as for the life of me i had no idea if i had taken out these three loans. They were unable to offer any proof of my liability, no applications, signatures, nothing. I told them to contact me again when they had the documentation. How can they take this money now out of my ESA when they have no proof of my liability? Just spoke with the DWP and i cannot even talk with an individual. They say someone from the recoveries team will contact me in three hours as they are only a call centre ANY TIPS PEOPLE
  13. Good Morning, I have made a conscious decision to leave my job because there is currently an ongoing issue with comments that appeared on my Face Book time line - I just need some advice. Basically, I have written a letter to work and told them that, based on sessions with C.B.T., it was discussed and agreed that closure is needed from this and due to the fact it may trigger another significant mental health episode, I have asked whether or not work would be willing to agree a severance package or failing that, my letter of resignation. I have spoken to my Human Resources and my Trade Union about the comments and they are both under the same conclusion about at least one of them - they also said it was very important about how the comment was written, according to my H.R. Both my H.R. and T.U. rep said there was no serious intent/threat/violence/sexual advance in that particular comment. Also, I have been informed reliably that if you give an opinion on someone's sexual orientation, which, unfortunately, was another comment which appeared on my time line, this is not harassment as it is an opinion. Is this correct? Basically, I read out the comments to an expert (my T.U. rep) and he said there was nothing there that concerned him - he said he had heard a lot worse and also, my H.R. mirrored that by saying that they had been involved in cases which had worse things said/written than anything which appeared on my time line. Can I have some advice on this and are H.R. and the Trade Union right in what they say? I am so desperate to leave my job - it got to the point at one stage where I even had suicidal thoughts, it was that bad. My life has been ruined because of this. Thanks for your help. Regards.
  14. Hi, I hope someone can give me a little advice. Back in 1996, hubby had a social fund loan for advance rent and as he was claiming benefit, the repayments were taken at source, as usual. We both understood that the loan was repaid in full as no other communication has ever been made. However, the DWP have now sent him a letter, demanding the 'rest' of the social fund loan to be repaid, as according to their records, just over half remains unpaid. As he didn't find work and sign off for well over a year after the loan was taken out, as far as we remember it was paid in full. They are also trying to claim another amount from him from 2009, called an 'alignment to benefit' - he was working in 2009 and hadn't claimed benefit for a long time. He wrote to the DWP asking for details of these alleged owed amounts, they have sent very scant details and no details on the repayments made to date. Does anyone have any insight or advice? It would be very much appreciated
  15. http://www.ebaumsworld.com/video/watch/83896348/?autoplay=true
  16. So I was placed in the WRAG with apparently quite a lenghty prognosis which by my research (if correct) means that I cannot be forced into anything other than WFIs with the Jobcentre (and what they ask me to do) At my 1st WFI the 1st thing on the agenda was apparently getting me into part-time paid or voluntary work. How will this work I (and the person accompanying me) asked with one of my conditons being social anxiety? I was a total mess at my ESA assessment. At this point it seemed my only option was to appeal to get moved into the Support group which filled me with dread of the thought of all the extra stress that would bring. On exploring further I could stay in the WRAG if I looked for part time voluntary or paid work that I could do from home but from my research upto now this kind of opportunity just doesn't seem to exist. I doubted paid work from home work would be available but was surprised/dissapointed to find no voluntary work either. I'm starting to suspect even voluntary work from home work doesn't exist and so my only option will be to go to appeal and see if I can be moved into the Support group which is quite a depressing and stressful thought. I just wondered if anyone else has been in this situation and if so what they did? I would like to do a little work from home be it paid or voluntary as I think it would do me good and even better if voluntary I would feel I was giving a little back but the opportunity just doesn't seem to be there. It's just starting to feel that unless you are ready and able to work in an office etc and be around people then work of any kind is just not an option which is really sad.
  17. Hi, I am the loving mother of a lively 2 year old. I was diagnosed with autism in October last year. My autism, which incorporates dyslexia, makes it hard for me to trawl through past posts on sites like this and try and work out if anything is relevant for me, so please don't think me lazy in not having done so. Also, I would be very grateful of any simple, direct answers that are easy for me to digest (though I know I'm not very good at being brief myself!!) My problem is that I am in desperate need of nursery funding, but social services have, I feel, unjustly washed their hands of funding this. In more detail: caring for my daughter when my partner is at work is completely exhausting to me, even though he only works part time so as to support me. I have been lucky enough to have been granted early Me2 funding (organised by our local children's centre) so my daughter has 15 hours nursery care per week in term times, which has transformed my life, but school holidays are a nightmare and I get extremely ill from the effort of the extra hours I must look after her. I am estranged from all my siblings, mother and father and have no support from any friends. I have been trying to find funding for my daughter to go to nursery during school holidays also. My, very supportive children's centre worker has drawn a blank and told me that it is an adult social care matter, but my social worker today emailed to say: "Completed assessment identified that you meet moderate risk to your independence and therefore you do not meet our eligibility criteria for our intervention - we will not be able to fund the nursery for your daughter." I think her decision is wrong because, according to the council's FACS bandings and eligibility criteria (which I think are universal) I believe I should be placed in the qualifying Critical or Substantial bands (see below: relevant clauses emboldened) because: 1) I have no support at all from family, friends or anyone at all when my partner is at work 2) The ESA tribunal I had in December placed me into the support group and ruled that I can not work because of my autism. Can anyone please advise on how to respond to social services? I feel they have deliberately under-banded me so as to avoid paying the nursery fees that I am in genuine need of. I am dreading half term, which is approaching soon. Criteria: Critical If any of the following apply: • Life is, or will be, threatened • Significant health problems have developed or will develop • There is, or will be, little or no choice and control over vital aspects of the immediate environment • Serious abuse or neglect has occurred or will occur • There is, or will be, an inability to carry out vital personal care or domestic routines • Vital involvement in work, education or learning cannot or will not be sustained • Vital social support systems and relationships cannot or will not be sustained • Vital family and other social roles and responsibilities cannot or will not be undertaken Substantial If any of the following apply: • There is, or will be, only partial choice and control over the immediate environment • Abuse or neglect has occurred or will occur • There is, or will be, an inability to carry out the majority of personal care or domestic routines • Involvement in many aspects of work, education or learning cannot or will not be sustained • The majority of social support systems and relationships cannot or will not be sustained • The majority of family and other social roles and responsibilities cannot or will not be undertaken Moderate If any of the following apply: • There is, or will be, an inability to carry out several personal care or domestic routines • Involvement in several aspects of work, education or learning cannot or will not be sustained • Several social support systems and relationships cannot or will not be sustained • Several family and other social roles and responsibilities cannot or will not be undertaken
  18. Hi Long story short, in 1999, just before my daughter's birth we have to move to a totally unknown part of the country, chasing a job, and in the process we obtained a social fund loan of £450 or so, to get us some baby clothes/beds etc. I have completely forgotten this debt as I assumed that in those years when we both had recourse to benefits while we were rebuilding our future- anyway I assumed they have taken the money by reducing the benefit etc as that was what I was told by the staff at benefit center at the time of applying, ie that they would do that to recover the money. This was around year 2000. We then emigrated to Australia and after few years there, are back here. Last year, in March, out of the blue, I received a letter from DWP that said I still owe that money and that if I am in insolvency I should contact them. I was but that was ended in 2009 and I am not anymore. So foolishly, I ignored the letter until I got two weeks ago, a letter from a company called Akinika Debt Recovery, in which they state that a doorstep collector is coming to collect the money. I am confused why all these years, DWP never contacted me about this until now. What can I do now, please advice. Thanks
  19. Hi Guys Would DCA's use social media to trace you?
  20. Obviously i'm quite stressed at the moment and would really appreciate some advice if anyone has experience with ESA Tribunals, specifically for social anxiety an depression. I'm going to ask my GP if she can fill out an edited version of the Black Triangle Template (regulations 29 and 35, exceptional circumstances). I'm also going to ask my CBT therapist for a summary of the probelms which my social anxiety causes and an explanation of how my symptoms formed. I just put in an e-mail request for my medical records via FOA and i will also write a submission to accompany my evidence (explanation of my condition and an asertion that the ESA 50 is highly flawed when assessing mental health, hence the exceptional circumstances claim, plus concerns with the ATOS medical assessment which was very brief, questions were misleading, assessor attempted to feed me answers which would harm my case, written report twists my words to the point of falsity, thus i may actually be entitled to 15 points in any case). On this front is there anything else i can do and are the steps i'm taking worthwhile (it really isn't ? With regards to the actual assessment does anybody have an insight or any helpful links concerning the type of questions i might face with regards to an appeal based on social anxiey and depression? My symptoms became much more acute when my self esteem took a massive hit due to developing Crohn's disease and now the two tend to fuel eachother to some extent. My dad will be taking me to the assessment and wants to sit in for support but the thought of this is making me ill. Situations in which my control is diminished cause extensive worry; plus i feel that his presence would affect my ability to concentrate and also lead me to downplay my symptoms. I am however worried that appearing by myself will hurt my case as the ESA guidelines don't take into account people like myself who often do things independently to avoid having to talk to any other person (both during and before/after any event). Would it be allowed for him to be present for a portion of the tribunal (beginning i'm guessing would be best)? If not what would e my best course of action? Finally is there anything else i should know or any other advice that might be useful? Thankyou for any help.
  21. hello. yesterday i recieved a letter from dwp about a "social fund payment" that they say is still owed to them i think it goes back at least 3 years or more.as they helped us with money to help us move house,removal etc. they are asking me for £502.and to pay by 28th november 2013. at this moment in time i have no income,as i look after my 2 year old daughter while my other 3 children are at school,when my wife is at work. id like some advice on this,and how to deal with them would be appreciated. thanks
  22. This started back in august when I received a letter from the DWP informing me that I owed them £100..The details were sent to my self using my maiden name and the letter basically said that I had been contacted before and if I ignored the letter court proceedings would follow.. I wrote back informing them that I knew nothing of any monies owing and that there details must be incorrect as I have been married for some time. But I asked for the details of the claim. They wrote back eventually with the details the debt is for a £100 social loan taken out on the 6th april 1994 and that they would take me to court debt collectors Bla Bla Yep you read that correctly 1994 ! I have written back to them stating that i would like to see the original document.. as I have no relocation of a debt that would be at this moment 19 years old. they have since written back starting that they are not obliged to send me the copies of the original forms.. Im not quite sure now how to proceed ? I know its not a massive amount of money but I slightly begrudged to pay of a debt that I cannot recall especially after such a long time also extremely unimpressed with the DWP handling of this as they are still threatening me with private debt collecting agencies after I pointed out the fact in my last letter that the debt should by statue barred..
  23. 01 October 2013 Payday loan advertising has recently been thrown into the spotlight following the OFT’s compliance review and mounting public concerns about the sector. We’ve highlighted some of the key areas to consider when creating advertising for short term loans - make sure your ads are socially responsible. Speed and Ease It is understandable that marketers will want to highlight the advantages of their product, including the simplicity of the application process and the speed at which consumers can access funds. But speed and ease of access should be referred to responsibly and proportionally. Advertisers should avoid heavily promoting these aspects of a loan while downplaying less positive aspects and should not otherwise encourage consumers to rush a decision to borrow money. The ASA has previously upheld a complaint against an ad that emphasised the speed at which a loan could be obtained at all times of the day. Similarly the claim "I was turned down by the mainstream lenders. I wish I'd gone to Pounds to Pockets first, because their application was fast and simple" was deemed misleading and socially irresponsible, because it portrayed Pounds to Pocket as preferable to "mainstream lenders" by placing disproportionate emphasis on the loans being "fast and simple" despite their interest rates being significantly higher. Trivialisation Marketers should be careful to ensure that the tone and content of their advertising does not make light of or play down the seriousness of taking out a loan. Recently the ASA indicated that using a catchy and upbeat soundtrack was not necessarily problematic but, in another case, it noted that a combination of light-hearted background music, colourful imagery, laughter, and a character dressed in a nonsensical manner gave the general impression that the service offered was a trivial one. The ASA has also upheld against ads that used brightly coloured cartoon imagery, a fantasy character and references to magic because it gave the general impression that the service offered was one that could be approached in a light-hearted manner. Vulnerable groups Simply stating that loans are available to low income groups, for example people on benefits, is likely to be acceptable. However targeting people who could be perceived as vulnerable has the potential to be problematic. The ASA recently upheld complaints against an ad featuring Kerry Katona, a celebrity who previously had widely reportedly financial problems. It believed that the ad had the potential to encourage vulnerable viewers with financial problems or restricted credit to seek to resolve them through the payday loan service and concluded that the ad was therefore irresponsible. Purpose of loan Advertisers should avoid referring to frivolous purchases when marketing short term loans – the ASA has upheld complaints about ads that implied they were suitable for nights out, shopping or holidays. References to household expenses such as a broken boiler or car repairs are likely to be acceptable. In the past the ASA has accepted that references to Christmas spending and home decoration are reasonable. APRs While technical details such as APRS are regulated by the FCA in non-broadcast advertising, the ASA is responsible for ensuring adherence to the Consumer Credit Act 1974 (as amended) and the Consumer Credit (Advertisements) Regulations 2010 in broadcast ads. There have been a number of upheld adjudications against TV ads that have failed to state APRs sufficiently prominently. While some concerned relatively straightforward issues such as the legibility of on-screen text, others related to more complex rules related to various triggers for information. Advertisers should be aware of claims that will trigger the need for an APR, and the prominence required. For further details see the OFT website. As always, the Copy Advice team is happy to help with any questions on non-broadcast ads. You can call us on 0207 492 2100 or submit your copy online, here.
  24. i have a 16 year old severly disabled son in a wheelchair, who on friday 13th decided he was not going to get in his wheelchair to get on the bus to go to school. despite numerous attempts woody and buzz fighting all sorts of games he still would not budge off his bean bag. So in my wisdom, i grasped him by the ankles and pulled him on his bean bag out of the house, on the way playing chugga chugga choo too. He was laughing the whole time. We bumpty bumpt down the two steps and across the dive still chugga choo chhoing to the front gate. Where i left him to get his wheelchair. on the way out he had decided to return up the drive wat so i again got hold of him by ankles and pulled him to his wheel chair. he was laughing all the time. i then threw his toys at him in an exaggerated manor. Heres woody,heres jessie. i then went to pick him up to put him in his wheelchair when he went all floppy and refused.My neighbour who had just arrived home came running across and tried to help me get him in his wheelchair. He refused and went ridgid. Eventually he relaxed so we could so his lap belt. then the PA on the bus said that they couldnt take him. Well to be honest I just lost it , I have been off work with pnuemonia and felt ****. So i told her she could have him and went inside. She then made two phone calls to passenger transport. evebtually i calmed down 5 mins told her the door was on the latch and she brought him in and enery thing was fine. 4.30 in evening i find i have 2 social workers on my doorstep. They have recuieved 2 annomous phone calls that i have abused my son by dragging him along pavement. they came and intervied me i told them what had ahppened they thewn made me take my son to the doctor to be examined for what was a scratch. i am now faced with an initial child protection conference under section 47 enquiry. i work as a TA in my local secondary school they have had a multi agency meeting about me at my work. the annonomous reports were made by neighbours who have got a real grudge as we reported them to police for Traffic and drugs offences. We know it was them cause another neighbour tolds us. i am at my wits end and dont know what to do, passenger transport are refusing to take him to school, i have a severe chest infection and all Social Services seem to want to do is attack us. The meeting is on thursday and we have no reports or statements. I feel so helpless
  25. I was directed here from another forum, after posting there for people's opinions. I think this is posted in the wrong place - it's my first time here, and I don't know where to post it. Sorry. I don't know what to do, but I want to take the matter further, and was thinking of filing a small claims court case. I don't know if it's wise or not, but I don't know how a small claims court work - and what happens if I lose? ________________________________________________ Background (LONG - SORRY!): I received a letter 19th Dec 2011, dated 13th December 2011, stating that from the 10th December 2011, the DWP were deducting money on a weekly basis from me, for a Social Fund debt. I had no idea what this so-called “Social Fund” was, and called up for advice. I was told to call another number. Calling these numbers cost me money as they are all 0845 numbers, however, I had no option but to keep calling and paying out on call costs. I spoke to a lady, who said that I had taken a Crisis Loan (the old name for the Social Fund) out on 1st July 2004. I informed her that this was not the case, but she was insistent. She said it was for food and rent bills. I told her again, this was not the case - as I don't get money for rent, as I live with my parents as their carer, in their private house. I also asked her that, if it was the case, then why this alleged loan was not talked about before? It is now the very end of 2011. Most legal situations say there is a limit of 6years to reclaim... this was 6yrs and 7 and half months later! She informed me abruptly that DWP company can re-claim the loan, once a new claim for Jobseekers Allowance is submitted. However, this too, does not make sense in any way. I had claimed a few times since 2004, in between various employments, and there has never been a mention of any Crisis Loan that I allegedly had taken out, and not repaid, which would have led me to address the matter sooner. I was told to send letters in (5 times in total, on Special Delivery at their instruction! - and have sent several emails too) to an office, then to be told on chasing that they had got the letters, and were looking into it, but in the next call, was told they had no letters, and could I resend. And then resend again, to a different address. All calls were made to their chargeable 0845 number. Eventually it was passed to the Fraud Team, who again were supposed to call back, but didn't, but when they did after another chase, I was told that the debt was on hold until they had investigated, and not to worry. I told them that the money was being taken from me already and had pulled me into the overdraft limit, and now I was getting bank fees charges because of it. They said they would freeze that - but they didn't, and went on to take the full amount in the end, leaving me with high bank charges, and the need to take a loan to pay them off, and then paying interest to pay off the loan. After much complaining it finally was sent to the Recoveries Team, who said they are investigating but I never heard back. Finally after several calls, and one telling me it can take months, and to wait for a callback - I got a landline number for a Supervisor - (lets call him Bob for ease - not his real name!) and have been chasing him since June 2013, and then from end August, Bob's Supervisor too. I got a call back 4 weeks ago (after another chase), to say in the next day or 2 Bob would send me copies of the original documents, for me to look over immediately. I heard nothing more. Finally today - after yet more chases, and through Bob's Supervisor, Bob calls back...remember he said he'd send me copies? He now says that they don't have the original documents (no date on when he allegedly got that confirmation either), as they were destroyed, and therefore on the "Balance of probability" they would uphold the debt - "especially as the debt had been recovered.". I told him again that the debt wasn't mine - it was a fraud case. He said that there was no point of Appeal on this. I asked him who made the decision, he said 'the office', it was a local decision - and that there was nothing obviously fraudulent about the case. I quoted ALL the reasons why it was fraudulent, and he began to stutter. I asked again for the name of the head of the Department, who had made the Decision - and he was very hesitant - so I asked again who made the Decision, and he eventually said, he did. I asked how he'd reached that decision, as the had that the paperwork was destroyed after 3 years in line with their policies? He said he made it in line with their policies. He couldn't tell me which Policies. I asked for a full breakdown, with copies of the Policies he used to come to a decision, to be sent to me by the end of the week. I pointed out that, that was not my fault the paperwork had been destroyed, and that it had taken so long to come to this stage. That I was disabled with mobility issues, and the post office the Giro had been cashed at, was a few miles away, that I couldn't have got to, and I had sent in medical evidence to prove it on several occasions - that had cost me money to obtain too. I asked about decision reversal, but Bob said that they don't reverse decisions. He said I could lodge an official complaint - in light of new evidence (he claims he didn't know about the Post Office, or my disability - all of which has been noted in letters I've sent, and calls I've made) - and that they would look at the case and get back to me! I have paid out so much on phone calls, and postage, and bank charges, that I want to pursue this further - even if I only get the original so called debt back. I wondered whether it would be worth filing a small claims court claim? - and try and recover some of this. I have no money currently as I am on a 6 month DWP sanction (awaiting appeal), after being fired from my last job, and I don't know about court costs and such, so I want to know the Pros and Cons of filing a case against the DWP. Sorry for the long post - I have Aspergers, and the complete inability to summerise.
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