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Eviction for Benefit Fraud. Please Help.


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The application is already in. But thanks.

 

So Ordinal HB claim was suspended due to HB alleged benefit fraud http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3939243&viewfull=1#post3939243

 

Hi guys, new update.

Please help.

 

Today she received the letter from housing benefit claim. She has not been awarded the housing benefit because they say that they have information that the father of her children lives at her house.

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3955688&viewfull=1#post3955688

 

1) the rent arrears at moment is £2000

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3962245&viewfull=1#post3962245

 

 

she got a council tax letter today. the letter says she must pay £10k, back dated council tax in 14 days or contact the balif company.

.

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3967319&viewfull=1#post3967319

 

She went to court and got a 8 week suspended possession order, due to new housing benefit claim.

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3972658&viewfull=1#post3972658

 

even the CAB woman said today that anyone can claim again as soon as any circumstances change.

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3973130&viewfull=1#post3973130And now

 

i really need to tell you guys the full story.
http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3973840&viewfull=1#post3973840

 

So what are theses "Change of circumstance" your Friend is claiming a fresh housing benefit claim

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Honey bee.

I totally understand why you said this is getting confusing.

I just started this thread because I just wanted an answer to a single question. But it is turning into the other thread.

And it is even getting confusing for me.

You are welcome to delete this thread.

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Honey bee.

I totally understand why you said this is getting confusing.

I just started this thread because I just wanted an answer to a single question. But it is turning into the other thread.

And it is even getting confusing for me.

You are welcome to delete this thread.

 

I think I posted at start of thread. Not sure though
http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3973794&viewfull=1#post3973794

 

 

So

 

 

So what are theses "Change of circumstance" your Friend is claiming a fresh housing benefit claim

 

 

 

[url=http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3973794&viewfull=1#post3973794][/url]

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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So Ordinal HB claim was suspended due to HB alleged benefit fraud http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3939243&viewfull=1#post3939243

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3955688&viewfull=1#post3955688

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3962245&viewfull=1#post3962245

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3967319&viewfull=1#post3967319

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3972658&viewfull=1#post3972658

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3973130&viewfull=1#post3973130And now

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3973840&viewfull=1#post3973840

 

So what are theses "Change of circumstance" your Friend is claiming a fresh housing benefit claim

 

I'm not ignoring you mate.

I was hoping that you would post this on the other thread. And honeybee could get rid of this one. I am at work on loo on iPhone right now.

 

You have taken post from other thread and posted on here.

Like I told you b4 read the other thread. Not just one or two posts. If your interested read the whole thread. All the answers are there mate.

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I'm not ignoring you mate.

I was hoping that you would post this on the other thread. And honeybee could get rid of this one. I am at work on loo on iPhone right now.

 

Thanks for tell us,when you can post again

 

What are the "Change of circumstance" your Friend is claiming a fresh housing benefit claim...

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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There are a couple of issues here.

 

1. The OP has rent arrears, and the hearing for possession has been adjourned on terms (paying water rates plus 6 quid towards arrears) for 8 weeks for the outstanding housing benefit claim to be addressed. It is not a suspended possession order as the OP stated; SPOs are given when there is a clear method of paying the current rent plus something towards the arrears, which is not the case for the OP.

 

2. A HB claim can be made whilst someone is being investigated for benefit fraud IF the circumstances prevailing at the time the original claim was suspended have changed - which the OP seems to be stating is the case. OP now needs to await the outcome of the claim that was made - OP has been told it will be four weeks, so they will know soon enough. If OP has provided proof that they are living as a single person and are entitled to the benefits they are claiming for, and has provided proof that the alleged non-dependent who the benefits investigators believe was living there is no longer resident - i.e. provided a tenancy agreement, council tax, electoral roll registration, utility bills, and bank statements for that person at another address, then the claim is likely to be successful. Without that information the claim will fail.

 

3. The local authority have already obtained a liability order for the unpaid council tax - when a fraudulent claim is found with CTB, it is repaid to the correct LA department, leaving the CT account in arrears. Going to court over that matter is therefore straightforward - has the CT been paid? No? Court ordered liability - and the bailiffs will be sent in. The biggest issue the OP will have with this is that the council tax benefit will have been withdrawn on the basis of some fairly strong evidence that someone else was living in the property. Someone else has already mentioned that they will have surveillance and other proof - this is spot on; benefit fraud is taken very seriously. The likelihood of the OP only having letters for this person delivered to the address is slim to none - the proof will include months of this person coming and going from the property. Whilst the benefits investigation units do occasionally get things wrong, it is fairly rare as the evidence is usually irrefutable.

 

Lastly, what can the OP do? Wait. There's nothing she can do until the HB claim has been decided, and there's likely nothing she can do if it is decided not to award her further benefits in the interim - they are entitled to suspend or deny a new claim IF they believe the circumstances have not changed. The proof will either show that they have, or will be insufficient.

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Mate did you read anything that I just wrote?

 

Or the part about hoping you would.......

 

Hello again.

 

Is 'mate' 45002 please, because I'm getting confused?

 

I think the best solution here is to merge your threads and put the whole thing in the benefits forum, which is what your question seems to be at the moment. The thread can be moved if need be, but it would be nice if things could remain relatively simple for all concerned.

 

HB

Illegitimi non carborundum

 

 

 

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I also doubt that anyone here is judging, they're trying to help. The bottom line is that without complete honesty, there's not a lot that can be said. Experience shows that situations like this are rarely without fault on the claimant's side - giving the absolute truth will elicit accurate assistance.

 

On that basis, if the OP has had someone living with her, it is better to say as much and then advice can be tailored to the specific situation.

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Hello again.

 

Is 'mate' 45002 please, because I'm getting confused?

 

I think the best solution here is to merge your threads and put the whole thing in the benefits forum, which is what your question seems to be at the moment. The thread can be moved if need be, but it would be nice if things could remain relatively simple for all concerned.

 

HB

 

Yes I did read your post inn0cence viewpost-right.png

 

 

 

What are the "Change of circumstance" your Friend is claiming a fresh housing benefit claim...

 

Thank you

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Thanks honeybee

Thanks Lea HTH, for your input. It is a great insight.

That's really what I wanted.

 

All I am trying to do is get her HB turned back on.

HB ppl are being real asses with her at moment.. They are saying you can't do this, then they say you cant do that.

A woman at council office actually told her that she can't even make a claim for HB. And she should admit fraud.

 

Because she was told that she can't make a new claim, she didnt actually do anything and just waited, thinking this will all blow over very soon. this is why it has gone on for this long. She didn't actually go and get help until 2 weeks before she was due in court.

I'm sure it would not have gone this far. Had her english language been any good.

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Yes I did read your post inn0cence viewpost-right.png

 

When you get time can I ask again

 

What are the "Change of circumstance" your Friend is claiming a fresh housing benefit claim...

 

Thank you

 

thanks for waiting, i have a few spare minutes.

the change of circumstances is quite simple i thought you would understand it.

 

the fraud ppl are investigating her and the ppl at the council offices told her that she cannot make a claim for HB while this is going on.

but she was told by CAB that anyone can make a fresh housing benefit claim when circumstances change.

so i thought that she can make a new claim due to "change of circumstances".

i.e. "change of circumstances" are that fraud ppl thought she had someone living with her. but she can now prove that the person was not there. so while the investigation is still ongoing, lets call this the " change of circumstances" and hopefully her claim gets given and she doesnt have to move house.

 

are you confused yet? i am? nothing sinister here.

 

read what benefit bod wrote on page one. but he hasnt been back. apparently he knows how the system works.

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thanks for waiting, i have a few spare minutes.

the change of circumstances is quite simple i thought you would understand it.

 

the fraud ppl are investigating her and the ppl at the council offices told her that she cannot make a claim for HB while this is going on.

but she was told by CAB that anyone can make a fresh housing benefit claim when circumstances change.

so i thought that she can make a new claim due to "change of circumstances".

i.e. "change of circumstances" are that fraud ppl thought she had someone living with her. but she can now prove that the person was not there. so while the investigation is still ongoing, lets call this the " change of circumstances" and hopefully her claim gets given and she doesn't have to move house.

 

are you confused yet? i am? nothing sinister here.

 

read what benefit bod wrote on page one. but he hasn't been back. apparently he knows how the system works.

 

 

They must have been investigating this for a while the council seam to have proof some was living with her given the fact they suspend her HB claim and they are asking for council tax arrears of pay £10k !

So she can Now prove that the person was not there.

 

What does this proof consist of then ?

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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thanks for waiting, i have a few spare minutes.

the change of circumstances is quite simple i thought you would understand it.

the fraud ppl are investigating her and the ppl at the council offices told her that she cannot make a claim for HB while this is going on.

but she was told by CAB that anyone can make a fresh housing benefit claim when circumstances change.

so i thought that she can make a new claim due to "change of circumstances".

i.e. "change of circumstances" are that fraud ppl thought she had someone living with her. but she can now prove that the person was not there. so while the investigation is still ongoing, lets call this the " change of circumstances" and hopefully her claim gets given and she doesnt have to move house.

 

are you confused yet? i am? nothing sinister here.

 

read what benefit bod wrote on page one. but he hasnt been back. apparently he knows how the system works.

 

Hi innocence.

 

I would like to ask you to back off a little with people trying to advise you please.

 

I personally don't find all of what you're saying/claiming easy to understand and I may not be the only one. It might be better not to tell people off for not understanding you - if you are able to take the time to clarify, you should get more advice from the guys here.

 

Generally on the site, if you want advice, you need to make it easy for the people trying to advise you. They're here giving their time voluntarily and if the going gets tough they may give up. Please try to answer questions even if it's repetitive for you, and provide links or post numbers if you can when you talk about other posts.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I apologise if I have offended anyone.

 

45002 please can you read post number 15. By "benefits bod"

 

In reply to your post number 138 @ 45002.

She didn't have access to his utility bills before. She (or rather it was me) that made her ex-partner give them to her.

 

@ 45002. Maybe some of my posts are not that clear, I apologise for that.

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Indeed. Many of the people who try and advise - particularly here on the benefit forum - are also battling with serious illness and their own difficulties. Sometimes we just can't physically wade back through 7 pages in a thread to get a fresh grasp on the story, so repetition actually helps...

 

EDIT: I am expanding on HB's post, just to be clear ... :)

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I apologise if I have offended anyone.

 

45002 please can you read post number 15. By "benefits bod"

 

In reply to your post number 138 @ 45002.

She didn't have access to his utility bills before. She (or rather it was me) that made her ex-partner give them to her.

 

@ 45002. Maybe some of my posts are not that clear, I apologise for that.

 

Thank you for the apology

 

I did read "benefits bod" post and dont agree with him regarding "change of circumstances"

 

As for "change of circumstances" your friend going to need far more proof than a utility bill with some name on it...

 

Who did have access to his utility bills until now !

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Allow me recap on my understanding of HB situation

 

Previous benefit award has been cancelled back for a period of 5 to 6 years as DWP & LA carried out a fraud investigation and determined that your friend has been LTAHAW with "ex-partner". Your friend has submitted an appeal which she is waiting to be heard by HMCTS. Assuming the papers have been forwarded to HMCTS, then your friend should contact HMCTS district office to request a short notice hearing. The request should include copies of the papers relating to steps HA has taken so far to obtain possession.

 

In the meantime, your friend has submitted a new claim for HB which has been refused as the LA still believe she should be treated as LTAHAW with "ex-partner". Your friend has now provided further evidence to allow the LA to reconsider her HB claim. The LA will need to review new evidence and previous evidence.

 

If the LA decide to award HB on new evidence, this will allow HB to be paid whilst awaiting outcome of appeal on earlier award.

If the LA decide not to award HB on new evidence, your friend will need to submit an appeal against the refusal of new claim.

 

Unfortunately, nobody on this site (other than you possibly) knows how much evidence the DWP and LA have or the details of the case against your friend, so therefore we cannot say whether HB will be awarded or not.

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Thank you for the apology

 

I did read "benefits bod" post and dont agree with him regarding "change of circumstances"

 

As for "change of circumstances" your friend going to need far more proof than a utility bill with some name on it...

 

Who did have access to his utility bills until now !

 

He wasn't bothered that she was having all these problems. There was a lack communication between the 2 of them for some time.

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He wasn't bothered that she was having all these problems. There was a lack communication between the 2 of them for some time.

 

 

 

So why did Her ex-partner have utility bills in the 1st place and who's name has been on the utility bills for past 5 or 6 years !

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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So why did Her ex-partner have utility bills in the 1st place and who's name has been on the utility bills for past 5 or 6 years !

 

ok.. all the utility bills at my friends house have been in her name all the time, bar the telephone bill. she never changed the telephone bill, apparently because BT was gonna charge some silly money to change over. the telephone bill payment has always gone from her account. even when they were together.

her ex has had no fixed abode for since he left her with kids, until about a year and a half ago, when he started a local business and starting to get his life in order. thats why he could sort some utility bills. (bear in mind the utility bills he gave were good ones. gas, elec, CT, driving licence, car insurance.

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ok.. all the utility bills at my friends house have been in her name all the time, bar the telephone bill. she never changed the telephone bill, apparently because BT was gonna charge some silly money to change over. the telephone bill payment has always gone from her account. even when they were together.

her ex has had no fixed abode for since he left her with kids, until about a year and a half ago, when he started a local business and starting to get his life in order. thats why he could sort some utility bills. (bear in mind the utility bills he gave were good ones. gas, elec, CT, driving licence, car insurance.

 

So was He living with her then at this address and if yes how long for ?

My own view on all this is a fresh housing benefit claim would Fail,due to the current on going Investigation into alleged HB/CTB fraud,the council must have some sort of evidence in the 1st place and the council would not have taken this decision lightly to stop HB/CTB and claim 5 or 6 years council tax from her.

 

Which bring me back to the suspend possession order.

 

It may be time for your friend to start look for somewhere else to live,Housing association are going to ask for a Full possession order in less than 8 weeks time,unless the £2000 + arrears are cleared in full and your friend can guarantee future rent on time !

 

There No guarantee Housing association would accept this anyway and just want a Possession order so they can re let to another tenant !

 

I dont know what else to think....

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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He left her with kids about 9/10 years ago and did not look back.

 

He spent time with kids while my friend was in hospital.

She spent a lot of time in hospital during 2007 to 2011. She had 4 major operations. And was registered disabled, on the higher rate of mobility.

 

He did stay at the house, but only the times when she was in hospital for major operation.

 

Bfraud know this, because she told them.

End of the day the kids are his as well.

 

My friend and her ex have never had a relationship since he left her. In all honesty she would probably get back with him 2morrow. But her ex wouldn't want that. And never has wanted that.

 

Since spending time with kids. My friends ex Has started a relationship with his kids. He has been round the house 3/4 times a week. When the kids finish school to when he starts work at 6pm. Just a couple of hours a day 3 or 4 times a week.

 

It was when she was sick he changed his mail address to her house. Because apparently he had no-where for his mail to go.

He changed his mailing address to his business address as soon as he started his business. Before Bfraud even had contacted my friend.

 

I hope you get an in-sight into my friends life from this post There is still some bits I haven't explained yet. I'm not the fastest typer in the world. This has taken me ages.

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Innocencd the correct protocol is to post OP in one Forum. Mods should reassign to most appropriate forum.

From what I have read so far the allegation of benefi fraud extends 5-6 yr, yet bf had no fixed abode until 18 mo ago, so where did he stay in interim? Overpayment of HB can be deducted from future due payments and claim suspended.

Strange as it may soundI thimk your friend is bedt advised to seek Court hearing on fraud allegstions asap

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The very fact that the mans post was delivered there would start an investigation.It doesn't matter how often the man is at the house,if his post was addressed to there and he had belongings there then he will be deemed as living there.A business address is not proof of a home address,they will ask where he has lived during the years being investigated and he will be asked to prove it,If he can't prove it they will take it as read he did reside with your friend.Are they asking for repayment of the Housing Benefit for all the years as well? Your friend needs to take someone with her who can translate for her so she is crystal clear about what is going on,My personal recommendation would be to go to the LA offices tomorrow,,find out what is happening with her claim (I'm a bit confused cos I thought her latest claim got refused),find out for definite if she is being evicted and when..and everything else she needs to know to make a decision about her future.She should also talk to the LA re the ctax bill as it's so high and bailiffs are involved..It's head out of the sand time,,get down there with someone who can translate and get the questions answered .If the LA say they have 5/6 years of proof,,ask them what,they may not say,but it's more than likely they have it.

 

I wish you luck

 

L.

Lillibelle

 

I only know what I know cos I know it,I only give advice,I'm not legally trained nor do I pretend to be.

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