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Messydesk

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  1. You need to post in proper text not text speak to help us to understand! However, is your council saying that you owe them money but when you tried to appela they lost the paperwork? It always pays to appeal by recorded delivery (and email for safety's sake) as well. Thats no use to you now however. Do you have anything which proves that you did appeal, within time? If not, I think you should write to them and as for your papers under the Data Protection Act. They would have copies of all papers sent to you and received by you and if you are very lucky, your appeal letter might turn up.
  2. No - its a bit more complicated than that! They tried to reclaim CTB in a case that went on 5 years and had 12 tribunal hearings. Our appeal was eventually upheld because they failed to provide proper evidence (of the supposed changes - the reason being there is no evidence to be found!). Now they have reissued revision letters and fabricated evidence saying that the Hammersmith case allows them to do that. In fact in that case specific evidence was requested by the council and refused by the claimant. In our case there just is no evidence to be had. Its very difficult to prove an ything 16 years on. I just owrry about ho many times they can revisit this. I am already an OAP - will it be going on for the rest of my life?
  3. I was nine months after being told that I had to be re-assessed and actually having the assessment. I have kept my car all that time. Motability were very helpful.
  4. My local council has re-visted all the years from 1995 - today and revised my entitlement to benefit. In some of those years the benefit had laready been revised previously and I had made payments (or not if they revised and found okay). Can they revise entitlement more than once for the same period of time?
  5. I won my case at Tribunal against the council (alleged overpayment of CTB) because of lack of evidence on the part of the council. Now they have reissued their claim and I have appealed against it. They have now applied to the tribunal service to have my appeal struck out because I did not give a reason for the appeal. There are 54 decision revision letters and to appeal against each and every one seperately would be a mammoth task. They have failed to tell me that I could apply for a statement of reasons so I was hoping I could go to the tribunal with this (there is case law that supports it) and ask for it to be struck out for this reason. However I am getting threatened by the council that they will get it struck out before I can get it that far. Are they right?
  6. Just a thought - you could get the cancelled cheques back from your bank and they should be dated when issued. It might help.
  7. I would absolutely hate to think I was supporting the council - I have no time for them at all - but I think if you have a wife who is expecting your child, the fact that you work away several nights a week does not mean you are not living with her. For the purposes of council tax benefit you would be considered as living there. However, its always tricky for them to prove their case. Have they made a decision that you could appeal against? They presumeably will. When they do ask for a statement of reasons - they should tell you that you can have this and see exactly what they are claiming to be your circumstances. If they are right you may just have to pay up. If they are wrong, go to Tribunal and see waht they can produce in the way of proof.
  8. JUst go the home page follow the links to the Benefits pages and then click on the start new thread icon. Give it a title which will tell people what sort of area your problem is in and when you have written about your problems, I am sure the replies will come in. Good luck.
  9. If you were nearer I would come with you. However, I think you have two choices. If you are over the threshold for legal aid, then it might still be worth paying for a solicitor. Otherwise, you have to go along and not answer questions. This would at least give you an idea of what they are waning to know from you.
  10. Yes, please do tell us what is wrong. I might have some pretty big problems of my own but I have learnt a lot from it and would always want to help anyone else in trouble.
  11. With regard to the Interview Under Caution - which part of the country do you live in? If they are saying you have committed fraud, that comes under criminal proceedings and you can get a solicitor on legal aid - its one of the few things that you still can. If not, you always have the option to say nothing at the interview and/or take a friend or relative with you.
  12. I have made a formal complaint to the Tribunal but given previous experience it will be months before they reply. I have made formal complaint to the LGO who opened a complaint and then closed it now the matter is in effect live again. I made formal complaint to the council that this is a malicious action and they have refused to look at my complaint whilst the matter is 'live'. We have been in Private Eye - Rotten Borough twice and heading for a third airing - our MP is useless - I just got a speech about the council having a duty to chase up wrong claims. I actually had a stroke at one of the hearings and my consultant says that the ongoing action is seriously damaging my health - stress puts me at risk of fatal stroke BUT on they go!! This has to be a vendetta by the council official involved but no one is listening to that. We even had the chairman of the elected council try to take up our case and be given short shrift. \He produced a full report confirming that the council has no case and was just told to mind his own business. We spent £1200 with a solicitor trying to get some kind of resolution but again he made no progress at all. I am asbolutely desperate to get rid of the boxes everywhere full of documents and spending every morning replying to their emails etc. I am over 60 and not at all well and need some peace from this!
  13. I have been thinking - it couldn't be that they think you are no longer eligable for Incapacity because they think you have been working - or that you are not as disabled as you say. Occasionally people reort other people even when there is no basis. It couldn't be anything like that could it?
  14. After 5 years and 12 tribunal hearings, my appeal against an alleged ovrpayment of CTB as upheld on the grounds that the council failed to provide sufficient information for me to properly appeal. They have now (five months later) reissued their claim, using exactly the same grounds (which the judge described as vague assertions) and I have appealed. Now there is an 18 month wai for an appeal to be heard. Any ideas for shortcutting this?
  15. One thing I would do is get all the papers that you have together. Then put each benefit or other matter in its own file, in date order. It really helps!
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