Its Not A Crime! - BR 28 Feb

[The GodMother]

Maybe the council could then give you all the info about the non payment and find out if a liability order ahs been granted.

 

If not contacting the courts would be the next best thing.

 

You may need to explain the situation about your daughter being ill but they should be able to help.

 

You might be then able to have any orders set aside sue to your daughters in ablitity to take care of her affairs especially if it was at a time when she was in hospital. Also if you could prove to them that if your daughter was aware of the forms she would have dealt with it but with her being unable to do that then she should not be held responsible. You may also be able to explain to the courts, as l think it would be classed as reasonable evidence due to the facts behind it, About pauline and ask that this information be used as part of the order to set aside.

 

Chrissi

[tomterm8]

i would contact the national debt line ASAP, since council tax enforcement comes under criminal and not civil law... it is VERY important that you deal with this as a priority.

 

 

Edit : IIRC, it is very difficult to get a liability order set aside, however, it is often possible to have it varied so that your daughter would pay the debt in installments.

[The GodMother]

yes but there must have been some paper work so she may be able to find out more info about this.

 

Chrissi

[tomterm8]

yes but there must have been some paper work so she may be able to find out more info about this.

 

Chrissi

 

I don't disagree. The council should be able to supply the required paperwork.

[The GodMother]

yes so maybe she should look into obtaining the paperwork and find out when this was all issued.

 

she may have a good reason for it to be set aside or to go back to the original process.

 

Chrissi

[Hopeful1]

Hi Sisternumber1. I hope you are ok.

 

I certainly agree with Tomterm regarding dealing with council tax, these things can move along very quickly. I understand it must be hard to prioritise with so many important issues to deal with.

 

If you do choose to contact Debtline as TT advised, they may be able to offer support with some of the other financial issues? (assuming you haven't already been in touch with them - i can't remember off hand).

 

Best wishes

[sisternumber1]

i would contact the national debt line ASAP, since council tax enforcement comes under criminal and not civil law... it is VERY important that you deal with this as a priority.

 

 

Edit : IIRC, it is very difficult to get a liability order set aside, however, it is often possible to have it varied so that your daughter would pay the debt in installments.

 

One of the women that I talked to in the collections department has already said that she has set it aside for 28 days so that we can sort out the full benefit for the house, and in 28 days time we will come to an arrangment to pay in installments over 4 or more years, she really was most sympathetic. However tomorrow I will telephone her again to get some copies of the paper work - never occured to me to ask for that - and after talking to my daughter we will be arranging for the police to visit asap next week to give them all the details that we have so far of what has been happening - I assume the police will be able to chivvy along the statements from mbna/Virgin, they have had and S.A.R - (Subject Access Request) request but another 20 or so days to comply, but I think we need them a little more quickly to see exactly what has happened there. Trying to think of what other sorts of suprises there may yet be.

 

Incidently amongst the paper work that Pauline left behind we found some unopened letters from the Borough Council re Council Tax for her previous flat, included amongst them was a letter saying that they were going for an attachment of earnings order for council tax there. she appears to be a habitual none payer of bills! no wonder she never tried to get back her deposit for the flat, I thought it was extroadinary at the time and even offered to help her get it back - having had some experience in that field re my eldest when she was at Uni. On Saturday we will go through the rest of the abanodoned paperwork and see what else that can be found. My daughter is getting all fired up for action now, she has got to the angry stage. tomorrow she has to talk to the landlord to get the lease in her name and confirmation that he is happy just to let to her (he should not mind as the rent will be paid direct from Housing benefit straight into his account.

 

thanks every one for all your input its very gratefully appreciated.

[Sparklez30]

all of this is just awful. I can offer no advice I'm affraid but send best wishes to you and your daughter and trust this all gets sorted as it should considering the circumstances!

[The GodMother]

Hi sister.

 

As your daughter is the sensible on of the 2 of themthen l would think he does not mind her having the tenancy on her own.

 

Who would have guessed the unopened paperwork would be so useful. She seems like someone who has been causing a problem for a while and may have been on the take from other ppl for years.

 

Is there any incrimating evidence within the paper work.

I personally dont advise you start going threw everything but if while clearing out the bed room she used you come across anything that could help you then it might be useful.

 

Chrissi

[sisternumber1]

tenancy granted, so at least she will not be homeless! all the paper work will be faxed to me by the end of the day. I will write the letter and take the two to the housing benefits department on Monday - doesnt need a form filling in just a change in circumstances letter. So glad that we have sorted one thing - although not counting chickens until i see it all in writing - there are some decent people out there after all.

[The GodMother]

glad that is sorted for you sister.

 

One piece of advise l will give u when it comes to sorting the housing benefits and Council tax benefit out is get a signature of the person you gave the forms to. Most councils are ok with theirs staff signing to say they have recieved documents etc. I know my local council issue recipts for documents now so you have evidence what was handed in a when.

 

How is your daughter now. You said she had got to the angry side.

 

Chrissi

[sisternumber1]

she is / hs been thinking things through and writing things down, and looking in the corners of her house to find all the other bits of paper so that tomorrow we will go through some more bits of paper, although the main job tomorrow is to sort out door and window locks, as well as let her look through all the statements so that she can see for herself what has happened, then we get the police in to take a statement from her (next week on one of the days she is not on dialysis, that could take hours!)

 

She is also getting a little paranoid with strange noises, but that is to be expected I think, and yes we are checking it all out, and she knows to have the phone with her at all times to call the police if she gets really worried, I will buy her a phone that we can put some single digit fast dial numbers on it next week. any one think of anything else that would be useful for some one who is disabled with low mobility please do shout. Dont expect to have to do this sort of thing for ones daughter:( - an aside my granddaughter asked how old her granddad and I were so I told her and she said "your more then a hundred years old together" and she tells me she cant do sums

[The GodMother]

LOL grandchildren are wonderful. My son tell his grandad he is ancient.

 

Glad she has been thinking things threw and writing things down. It should help her with adjusting and getting things sorted out.

 

Can l borrow some of her motivation please l need it badly. I am glad tho that she has been finding things for herself.

 

She will get a little paranoid over noises outside or other strange noises as she is now getting use to being on her own and that strange noise may make her jump. It is suprising what you dont hear whe there is 2 of you.

 

Chrissi

[surprise]

Not really to be recommended but something which I found of comfort when I was first on my own is I kept a iron bar in a soap bag by my bed - don't all getting shouting thats dangerous - it was however a comfort until I got use to being on my own. Its surprising how quick you do adapt to being on your own.

[The GodMother]

it may not just be comfort but good home security/ personal saftey as well.

[sisternumber1]

Well the locks have been changed, will go back tomorrow to add another one to the back door. Daughter much more upbeat about it all. I spent those hours going through some of the paperwork with my daughter, she saw a couple of things that I hadnt quite tied up, like taking money from daughter's barclay card, then at the same place paying it into my daughters account as if it was her share of the rent and bills, and what has angered my daughter even more is that woman gave my daughter gifts which were paid for from my daughters credit card. Hope we can get the police to come to take my daughters statement quickly, this bit could do with being done as fast as possible we know that the rest will take forever.

 

Barclaycard have responded to the fax that I sent with all the statements, (I also sent self same letter with signatures by recorded delivery) they are demanding to have my daughters signature before their fraud team will look at it, and apparently the highlighted transactions have not come through very well by fax, I wonder where the recorded letter has got to, they have signed for it. They keep insisting that my daughter should talk to them. My daughter will not do so. She has now agreed that she will have her telephone numbers changed as there is some one trying to call her from various unknown numbers. I am so glad that she is doing a lot of these things without too much pressure from her mother -me.

[The GodMother]

Rite well bcard are easy to handle over this.

 

Ask them to send out what she would need to sign before they pass it o fraud and if there is not mention of a specific document then say to them what would need to be written in a leeter for you to get fraud to investigate it. Then all you do is get your daughter to sign the letter but before the eNd put:-

 

As per my letter *date* that states l now want *name* to deal with my case on my behalf due to illness. Please forward all written correspondence to *name* at the following address.

 

Then sign the letter even if it is in block capitals.

 

Oh and about pauline using your daughter money to pay for gifts. Discusing, I know a few dodgy ppl if you want a FREE sample of there services.

 

Chrissi

[sisternumber1]

 

 

 

Oh and about pauline using your daughter money to pay for gifts. Discusing, I know a few dodgy ppl if you want a FREE sample of there services.

 

Chrissi

 

Chrissi that would be stooping to her level;) dont think that I could do anything like that.

 

And Barcalycard can now wait until the police are on the case - they have everything that they need, I have proof of what they have signed for, and for now that will do. Might just send them another fax telling them when they signed for it and list all the other letters that I know they have received, and very shorlty they will have TS on their back - had an email from the Northampton TS asking me to talk to them ( Trading Standards) on Monday! (they telephoned me on all my numbers as well unfortunately at the time I was not around), hope this is a good sign:)

[The GodMother]

Dam they have just packed there bags ;)oh well maybe next time .

 

Northampton TS are generally good with BC problems. Duffers Mum has. one with them and she has said that everything has gone very quite for he from BC and Mercers since they were involved.

 

I will find the link for you so you can view the thread when u have a few minutes.

 

Chrissi

[The GodMother]

found it.

 

Barclaycard

its a bit long but needless to say she is gettig there in the end.

 

Chrissi

[sisternumber1]

Had a long chat with Northampton TS. The lady I spoke to was passing it over to the team who just works on Barclaycard complaints. I may hear from them shortly.

 

Police will be taking my daughters statement on Wednesday.

 

and aside - And whats with MBNA - they have sent us two letter from two different people, one says they will look into our complaint and give us a full response by the 4th February, and the other will do the same within 5 working days. They do refer to a letter they have received, but they dont tell us what date the letter had on it.

 

MBNA sent my OH new terms and conditions, one of those new terms and conditions is that if interest is less then £1 in a month they will automatically charge £1. so if you are charged interest of say 1penny, you have no choice but to pay £1 - isnt that called usuary?

[sisternumber1]

According to the lads in blue who came and spoke to my daughter and myself today, its not a crime, to have your credits cards used by your housemate and maxed out while you are so ill that there was some likelihood that you would die, my daughter was so very ill that she could not look after her own affairs. We can prove that she(said housemate) used both the Barclaycard and the Virgin card in a two and halve month period, and took about £4,000 mainly in cash. She also has not paid her share of the Council Tax, which now that she has gone back to Belfast my daughter is responsible to pay, she may well have also cleaned out my daughters very small savings account, which was what she was going to use for things like Christmas and birthday presents for family etc. We can also prove that she was a serial Housing Benefits cheet, and she was always not paying her bills, and over the three years that my daughter lived with her she was constantly paying some of this womans bills.

 

My daughter is now extremely upset, because although the police believe that she has been defrauded, because my daughter cannot remember everything that happened while she was so ill, and becasue she did not question what was going on until so late (because of her health) and the fact that all the credit card statements had dissappeared, and it wasnt until a fortnight ago we got the Barclaycard statements under S.A.R - (Subject Access Request), the Vrigin/mbna mob have yet to respond, they(the police) say their hands are tied, its too late to proof intent or some such thing.

 

My daughter is now is now considering to stop treatment (dialysis) as she cant see how she can pay off these debts - I have told her that we will find a way round, she is just too fragile to have to deal with this all, and on Monday I will see if we can talk to some one and maybe go down the road to bankruptcy.

 

One of the things she wants is some vengeance, so she reckons that some publicity is where to go, but it has to be something that will be seen in Belfast.

 

Some of the rest of this is in this thread http://www.consumeractiongroup.co.uk/forum/general-debt/120736-help-required-pointers.html

 

I am so mad after two days of sitting around waiting for the police to turn up (Wednesday 1-8pm and today 1 - 5pm) and to be told "its not a criminal matter" case closed.

[sisternumber1]

I guess amongst other things what I want to know is how to acquire something that resembles justice for my daughter? If the police will not do anything what chance other sick and disabled people who depend on those around them to be caring and not rip them off, and not make the whole of what remains of their future a living nightmare. I trully do not understand the mentality of that young woman.

[Caz1974]

Grrrrrrrrr @ the police sister

Hi by the way I just read your other thread and want to send you my warmest wishes.

I wouldn't give in you've come so far and I really can't believe the attitude of the police in this instance.

Hopefully someone else will come along who is more knowledgable on the law in these matters but I think with your daughter being ill in hospital etc on some of those dates is proof enough and the police should have enough evidence with that alone!

Don't give up I'm sure someone will come along soon with the answers and well done so far you've come so far and done so well xxx

[Caz1974]

Perhaps taking your daughters ex flate mate to a small claims court may be a better route? ( fingers crossed someone can come along and clarify the best way forward with this ).