Housing & council tax benefit stopped - no explanation

[marieUK]

Hi all, I would appreciate some advice if anyone could help as I am in a real pickle:

 

My housing and council tax benefit was stopped around 3 months ago - I was never interviewed and no explanation was given ( I did phone them in and was told that 'she thinks it may be because I am believed to be living as a couple, She seemed as shocked as I was that their was no actual explanation or further information available) My ex-partner and father to my children is living with me but as a lodger - we DO NOT have a shared income or a personal relationship. I realise the situation is far from ideal and just felt helpless in their hands so never appealed the decision.

 

I am now having to live on £130 a week and unable to pay my debts including £7000 overpayment of HB and £1200 of CT - a bailiff is coming around tomorrow to file a walking possession agreement for the council tax element!! I have been concentrating on paying the rent to keep a roof over our heads so have 'stupidly' ignored the others.

 

The whole situation has left me sick with stress, I am still claiming family tax credits while looking for work and am terrified that will be taken away too.

 

Can they actually stop my benefits with no real explanation and demand the overpayment back?

I have just started looking into Debt Relief Orders, would this be applicable to me?

 

Any information and help would be be very gratefully received

[speedfreek]

Right there's a lot of your post which doesn't make any sense.

 

Now from what you've posted it looks like an investigation was triggered - hence the payments stopping. It was then decided you had been living together for a considerable length of time - hence the overpayment. They have also applied to the Courts for enforcement to recover all monies - hence the bailiff

 

All the above should have generated quite a few letters, notifications and a Court summons - they can't all have gone missing so.... you need to find out where all this mail is going plus what it said and fast.

 

Now you are going to have to approach this from 2 angles

 

1, stop the debt enforcement.

2, find out exactly what has gone on with the Council.

 

I'm going to suggest a few things here.

 

1, contact the Shelter helpline http://www.shelter.org.uk/ - they should be able o help with the Council and may also be able to help with the bailiffs

2, have a read of the Debt Section on these forums. In fact see the triangle symbol (bottom left under a post) click it and ask a mod to move it to the correct debt sub-forum as you need advice on that urgently.

3 if the above doesn't prove fruitful contact the CAB.

 

As I say talk to Shelter 1st. Once the debt enforcement is in hand then we can deal with/challenge the reasons for the HB/CT stopping and them declaring an overpayment.

[marieUK]

I apologise for my incoherent ramblings. I have had the court summons and letters from benefits saying they have stopped my benefits/overpayments etc. I am just miffed as to how they can not give me an explanation, surely they have a code of conduct to follow.

 

Thank you for your help I will take a look at Shelter right away.

[Conniff]

It would seem they have given an explanation with the 'living as a couple' that you have been told.

 

You would need to show that you aren't living as a couple. If you are in a council house, you can't sublet and 99% of private rental forbids sub-letting so it would seem you have a heavy task on your hands.

Edited September 22, 2011 by Conniff

[marieUK]

It would seem they have given an explanation with the 'living as a couple' that you have been told.

 

You would need to show that you aren't living as a couple. If you are in a council house, you can't sublet and 99% of private rental forbids sub-letting so it would seem you have a heavy task on your hands.

 

 

Do you think that is a good enough explanation? given it was in a phone call and she was only supposing that was the reason. The house we are living in is housing association and they were well aware that he was living here as a lodger.

[Conniff]

How were they aware he was living there as a lodger ?

[marieUK]

Because I informed them a number of years ago when he began living here again. I know they were investigating us because my ex had told me that the local council had checked his credit file. They obviously had no conclusive evidence that we are living as a couple - because we are not, otherwise I expect they would have had me in for the interview under caution etc.

[Conniff]

You need to go formal with this Marie and write to them using recorded delivery. Ask the question directly 'Why was my benefit stopped on xxx date?', get it in black and white.

[Pootling]

You need to go formal with this Marie and write to them using recorded delivery. Ask the question directly 'Why was my benefit stopped on xxx date?', get it in black and white.

 

 

 

[Conniff]

 

 

 

Not sure what you're trying to do there Pootling but HTML is disabled.

[Pootling]

 

 

 

 

 

 

 

What a nightmare.

Not sure if this helps but some years ago I was renting a room in a shared house and my brother was renting another (4 different tenants in total). Anyway, housing benefit wrote to me saying that I would be getting a visit from one of their team. Bloke arrived asked me to explain who John Smith was to me... They thought he was my partner. I laughed and said no, he's my brother. The bloke went into our rooms and then to the kitchen, when he saw that we had separate cupboards for food and separate shelves in the fridge he was happy. I just wonder if you and your ex have a similar set up at home? Have you not been visited before benefits was stopped?

[marieUK]

We have separate bedrooms of course but generally he doesn't eat here, in fact he spends little time here except to sleep. The only visit I got was an officer asking why I was not claiming income support and basically wanting to know how I managed on the money I was getting.

 

I told her that I struggle: I am frugal with food shopping, have debts I am not paying and have no luxuries such as holidays/nights out etc. I didn't claim income support because I didn't want to, I am looking for work and TBH the £30 a week extra is not gonna make a world of difference.

[Conniff]

Sorry but you have just put me right off this thread. complaining that you have had benefits stopped, debts etc and can't be bothered to to claim £30 per week saying it won't make much difference is pure bunk.

Edited September 23, 2011 by Conniff

[Conniff]

Marie, I will give you all the assistance that I can, if you would like to explain things up to now in a little more depth, especially what paperwork you have received from the council and from the bailiffs please.

[marieUK]

Marie, I will give you all the assistance that I can, if you would like to explain things up to now in a little more depth, especially what paperwork you have received from the council and from the bailiffs please.

 

Thank you Conniff but I have made an appointment with CAB for next Wednesday. I hope that by taking along the relevant paperwork I will be able to explain myself more thoroughly.

 

Thank's for your advice though, you all do a wonderful job here at the CAG.

[Conniff]

Ok Marie. I have been told to suggest that you post your bailiff problem in the bailiff section - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers - where there are people in the know about them and their tricks.