Council Tax Benefit - help plz?

[carolmac34]

Hi, hope i've posted this in the right section.... (i'll try and keep it brief )

 

I've been unemployed & claiming JSA since 12 February - at which time i made a claim for Council Tax Benefit as well as my JSA. Despite 3 or 4 phone calls to them since this time, i'm getting nowhere fast.

 

I called my local council tax office on 14 April where i was told there was a query on my claim - something to do with the reply they received from the benefits office, im not sure, it was as clear as mud. Anyway, because of this the fella asked me to take in a copy of my JSA awards notice letter and a recent bank statement. I hand delivered copies of these to my local office on the same afternoon and was told someone would be in touch.

 

2th May - I receive a letter asking me to attend an interview on 5th May.

 

5th May - The benefits office call me to cancel the meeting as the bloke who was going to be conducting this was off sick. Said they would rearrange.

 

8th May - I called local benefits office again to see if there was any further progress. Woman i spoke to advised that the fella dealing with my claim was off that afternoon and he would call me back on Monday (11th). Still waiting on that call...

 

Today - I've come back from signing on to find an 'hand delivered' letter through the door from the council tax benefit Fraud Team. To say there's steam coming out my ears is an understatement!!

 

Their letter says:

 

"I refer to the letter sent to you requesting you attend an interview at XXXXX on 5May. However it appears that you failed to attend this interview or contact the office to make alternative arrangements.

 

As there are important details to be discussed I would like to offer you another opportunity to attend an interview before the case is considered for being submitted to the Procurator Fiscal for consideration of process.

 

A leaflet is enclosed advising what this interview entails."

 

It goes on with a load of bumf saying I have the right to legal representation etc at the interview. So basically, i'm wondering what the hell is going on here.

 

Firstly, i did not fail to attend, they cancelled on me!

Secondly, what's with the procurator fiscal bit?

Thirdly, the guy must have been in a hurry, cos there was no leaflet with the letter, so i'm totally lost.

 

I should also say that i popped into my citizens advice bureau on 28 April for advice on making my first month's payment. They advised me to make a token payment and explain why i was paying a reduced amount. (I put it down in a letter and handed it over while making payment, so it was all down in writing, I also sent a copy to the office that issues the council tax notices etc).

 

There's an email address at the top of today's letter, which i think i'll make use of later on, once i've calmed down, and ask what the hell's going on and why they're blatantly lying about me not showing up!! I'd also like to know what these "important details to be discussed" are as well, as every time i've called in the past, no-one tells me very much. The way i see it, i've already given them all the information they've asked for, so why do i need to go in for an interview? What would happen anyway if I replied saying, thanks for your letter but i'm unable to attend you interview, i've already provided all the information you requested?

 

Right i'll stop rambling now. Hope someone can at least point me in the right direction.

 

cheers, Carol :grin:

[carolmac34]

anyone?

[deathbycrayons]

I'd give your local CAB a ring, they should be able to help and will probably have more knowledge of your specific local council.

[up2meears]

You could also try asking to speak to the "team leader" or write them a letter explaining what's happened. I know most are not very helpful but it is worth a try. More often than not these letters are generated by a computer and some jobs-worth stuffs them into envelopes. Obviously professional help is the best but it's so difficult to find these days (well here it is anyway)

 

Good luck

[underdog13]

I find threatening to make a formal complaint to the chairman of the Council usually makes them sit up and take notice;)

[carolmac34]

Thanks for the further advice guys. I wrote back to the bloke that hand delivered my letter last week, here's wot I said...

 

I refer to the above referenced letter of 13/05/09, hand delivered yesterday while I was out. I am somewhat concerned about the context of this letter.

Firstly, I did not fail to appear an interview on 05/05/09 nor make further arrangements. I received a call and subsequent voicemail on my mobile from your office on 5th May which advised that the interview had been cancelled as the member of staff concerned was off sick.

I telephoned again on 8 May for a progress update and the woman I spoke with confirmed the interview had been cancelled at your end and that she was going to get XXXX to call me on Monday 11th May to re-arrange a date (which he never did). It was then that I was made aware of the letter of 28 April. I advised her that I had not received it and you should now note this letter did not arrive until 9th May. So obviously, without your voicemail message of 5th May, I was totally unaware of any meeting.

I have called several times since my claim was made in February, more recently on 14/04/09, where I was passed to the XXXX Housing office and advised by someone called Billy, that there was a query on my claim and I needed to bring in my Job Seekers Allowance awards letter and a recent bank statement. I hand delivered these to the XXXX office the same day and the girl there took copies of them. At my next call to you 2 weeks later, I was advised that someone would be in touch with me to arrange a meeting as there was still a query on my claim.

Your letter of 13th May says there are ‘important details to be discussed’. I would like to know specifically what information you require as I have already supplied you with all the information requested. Whenever I call no-one will tell me anything, I am only told that someone will call me back, but they never do.

Your letter also says an interview has been arranged for 21/05/09 at XXXX First Stop Shop. Where is this, as there is no address for it in your letter? It also mentions that ‘a leaflet is enclosed advising what this interview entails’. Please note there was no leaflet with your letter.

Until I have this leaflet and am provided with the full reason of why you need to interview me and what details are required, and even where XXXX First Stop Shop is, I would not be able to attend.

I look forward to your reply.

 

Sent it to them 1st class recorded on 14th May, still waiting on a reply. I have no intention of attending this interview in 2 days time without knowing what i am walking into.

 

However, I've received a letter from the Council on Saturday headed up 'Request For Information' which asks for my bank details and says it must be supplied - is this right, do i need to?

 

I am assuming it relates to the £138 I owe (allegedly) for 2008/09 period. However, as my claim still hasn't been processed this amount will be wrong, (being unemployed since 12 Feb). I did telephone them almost 3 weeks ago and the woman I spoke to said that as I was unemployed I shouldn't be paying it (wish i'd gotten that in writing - hindsight eh)

 

Obviously I am now going to put the arrears situation in writing to them, telling them i've been on benefits since mid Feb and will be addressing it to the Director of Finance - might as well go for the head honcho eh. I'm going to give them a ring again tomorrow & see what they say.

 

Should I enter into a small monthly payment arrangement to clear the arrears, even tho the amount is incorrect, or should i hold off clearing the arrears until my claim for council tax benefit is sorted?

 

Thanks

Carol

[Zamzara]

Is it income based JSA, or contribution based?

[carolmac34]

hi zamzara, just checked my jsa letter & it says contribution based.

 

(I didnt even know there were 2 different types until i went to the CAB last month)

[Zamzara]

Hi again, sorrry for the delay, I've been away for a while.

 

I suspect what may have happened is you inadvertantly told them you were on income based instead of contribution based, or they got it wrong themselves.

 

If you are on ib-JSA this gives full council tax benefit automatically, but cb-JSA doesn't. For cb you have to qualify through low household income and savings.

 

Can you conform your household situation, e.g. do you live with a partner, or have large savings?

[carolmac34]

hi zamzara,

 

They've obviously gotten it wrong at their end as i didn't complete any paperwork for council tax benefit, this was done by the job centre while i was in making my claim for JSA.

 

Household situation - live alone, no savings & have a mortgage.

 

carol

[Zamzara]

You would get CTB anyway then, you will just need to confirm no private source of income or savings to the council.

[carolmac34]

hey zamzara,

 

I'd thought they'd already already have this information when they asked me to drop in my bank statement and JSA awards letter? as my bank statements show my jsa being paid into my account & that there's not much else in it lol. They haven't asked for anything else from me regarding income or savings.

 

Dunno why they're deliberately dragging their heels on this one, but i'm getting really fedup with them

[carolmac34]

Me again

 

I'd really appreciate some advice please.

 

The council have now amended the figure i owe for year 2008/09 - £126.34. However, i've now had a 'Charge For Payment of Money' from Charles Anderson in Gallowgate, Glasgow, put through my door, with various charges etc added to it, it now stands at £188.92!!

 

It says on it, that if i do not pay with 14 days i am liable to have further action taken against me, including arrestment of earnings/bank account and the attachment and auction of articles belonging to you. You are also liable to be sequestered (declared bankrupt).

 

I sent my last letter to the Director of Finance at the council on 10 June, sent recorded delivery & in it I enclosed previous letters, letter from the office dealing with my council tax benefit claim & also my JSA awards notice letter - not had a reply from them as yet.

 

I'm confused now, what should I be doing with regards this 'Charge for Payment'? Do I contact Charles Anderson & tell them i'm on JSA & have been since Feb & that the council still haven't done anything about my council tax benefit claim? Should i make an offer to pay it at say £15 a month, cos i certainly dont have the £188 they want?

 

In the meantime i think i'll go open up that basic bank account for my JSA to be paid into.

 

Any help greatly apprciated folks.

[carolmac34]

bump...

[citizenB]

Can I confirm that you are in Scotland ?

 

Just trying to find someone to help you.

[carolmac34]

yes citizenB, I am. Thanks for your efforts

[citizenB]

Okey dokey, I will try and find someone who knows/understands Scottish law. I will also move you to the forum that deals with Scotland.

Edited June 22, 2009 by citizenB

[carolmac34]

thanks citizenB... Incidentally i've just made another post on an interview under caution, not sure if that will need moving to Scotland then?

[IdaInFife]

hi,

 

you can apply for a time to pay order,

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/185249-council-tax-arressment-attachment.html

 

you need the first form,

 

i suggest you do this and then if still in dipsute at them amount then deal with that but get the time to pay order sorted to stop any further acton in meantime

 

 

ida x

[carolmac34]

Thanks IdaInFife. Having a look at this now and i'll get it completed at some point tonight and send it in the morning.

 

I see that it says I should send this to the Sherrif Clerk at the Court. However, i've not received anything from the Court as yet, just the 'Charge of Payment for Money' from Charles Anderson, Sheriff Officer's in Glasgow.

 

Bit confused, do I send it to charles anderson or wait until something comes in from the Courts?

 

Regards

Carol

[IdaInFife]

it should tell you on the charge for payment, it should look something like this:

 

Act of Sederunt (Form of charge for payment) 1988

 

ida x

[carolmac34]

Yep Ida, it looks exactly like that. The only address is the gallowgate, glasgow one, so i'll get it sent off there today.

 

Thanks again & will report back, as and when

 

Regards

Carol

[IdaInFife]

no probs,

 

ida x

[carolmac34]

Now posted off to them. Any ideas as to how long it'll be before i hear anything - maybe next week?

 

Carol

[IdaInFife]

what happens now is the sherriff clerk will forward it to the council and if they agree you will get notification to comence payments. if they disagree with the amounts you habe offered thm you will be notified about a hearing but as you are on benefits i canlt see that happening.

 

ida x