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    • I have been living with my partner since 2013. But after the birth of our son in 2014 things became unstuck. We were living together but I was making plans to move out, even viewed properties etc and therefore began claiming CTC and WTC to ensure that I could afford to go it alone. Eventually we worked it out but it has been on and off for years. In addition to this, I was in a lot of debt, had lost my job and knew that (selfishly) I needed the tax credits to keep my head above water.  My partner has no idea that I was claiming and if he finds this out he will leave me for sure. The house, the bills, everything is in his name. I work but I dont make enough money to contribute to the house as well as pay all my existing debts (my partner doesn’t know about half of these either). I  once had a bailiff call at the house and I had to tell him about it. He was so angry and mortified (as was I) and I just feel like I am bringing so much shame onto our family. I have been living this lie for 6 years and I couldn’t find a way out of it. I know I have made a huge mistake. I just want to pay it back and try to move on from it. I’m worried that I will have to go to court, prison, or they will want to speak to my partner about it. I really don’t want him to know about this because it’s so shameful. From my estimations it could be between 28-30K. I have absolutely no idea how I will pay it back, as we wouldn’t be able to claim any further credits as a joint claim because he earns too much money.  I haven’t eaten or slept in days. I feel physically sick and I just can’t cope with the guilt and humiliation. I did make false claims and now I’m worried I will pay the ultimate price and lose everything I have.    
    • Hi All,   Hoping for a little help and advice please.   This company Link Financial are chasing me for a debt that I had as a credit card with Royal Bank of Scotland. Out of the blue and having no correspondence from RBS a few year back this company claimed I now owed them the sum of money. I have written in response stating I do not acknowledge any debt to Link financial and asked them to supply evidence of liability. I also requested a true copy of the alleged agreement, a full statement of account, a signed true copy of assignment and any other documents referred to in the agreement. I also enclosed  a £1 payment for the credit agreement request and clearly stated that this £1 payment under no circumstances should be set aside for any alleged debt and if the documentation can't be supplied the fee should be returned.   Link's response was just a small statement of account with credit agreement number, account number (same as the RBS number), date of agreement and transaction sheet where they had taken the £1 fee off the debt value after I asked them not to. There was no true copy of assignment, true copy of alleged agreement or evidence of liability.   For reference, In 2009 my debts started to mount after my wife I had lost a child and we weren't at work for months, so ended up paying the mortgage on a credit card. Eventually it got too much and the RBS took me to county court in 2011 where I received a CCJ and then RBS was granted a charging order on my property which is in my name only. I was ordered to pay a monthly fee.    I received my first letter from Link in 2016 just stating, we have not written to you in some time as we have had to locate your address. We would like to discuss your intentions regarding the outstanding balance on  your account. I had no correspondence from RBS about this so I thought this was a scam company.  Unbeknown to me I also realised the monthly payment to the RBS had stopped being taken directly from my account.   After a few letters backwards and forwards about me disputing Link and this debt today 26th February 2021 I have now received another letter from Link stating. As you are aware a charging order on the beneficial interest you have in the property at.........has been secured. They are now seeking payment and will accept monthly payments on the account in accordance with my current financial situation. If I chose not to settle in full or fail to complete and return the form below or contact them within 7 days they will take further legal recovery action. There is a little boxed section at the bottom monthly or weekly payments for me to fill in and send off.   I'm really at my wits end now of what to do next. I have two years left on my mortgage and finding it really hard to get through that two year financially, especially since this pandemic has really hit home money wise. The last thing I need is the family home to be taken away especially with a 10 year old in the home.    I really appreciate any help and guidance. Thank you.    
    • OK lets pick out a few words in the ramble   Free energy?  Slavery?  Constructive manslaughter?  Weaponised energy of 5g Biowarfare Only wearing medical masks for criminal intent   Please may I suggest an extra layer of foil on the tin hat?    Oh and FYI there is no class action in the UK... 
    • i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.   I dont know what to do now -   @Andyorchcan i have your thoughts too please   the hassle just makes you feel like giving in to them
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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I hope this is in the right place to put this. I have been chatting to someone about a case where a father and daughter were Tenants in Common and the father now has to go into care.

 

 

First the daughter was told she would have to sell the house so the father's share could be used to pay for the care. The daughter did not believe this to be true and the Social Worker has now agreed it is not but has now said the council could move 3 tenants in to offset the care fees as it is 4 bedroom. The social worker said the tenants would be council approved but could be male, they could also be young and wanting to play music till all sorts of hours.

 

 

It seems as if the SW believes the share of the house owned by the father passes to the council and can be used how they choose.

 

 

I am concerned about this as my daughter and her partner - not married - are Tenants in Common and I wonder what this opens the up to if one of them should need care in the future.

 

 

Does anyone know the legal position of the council re the father's share?

 

 

Thank you.

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Thanks Honeybee. The article is directed at spouses and if she were his wife the home would be ignored anyway but it does seem to hold out some hope. I agree with your first post - may opinion would be that all they could do is put a charge on his share but I don't know the legalities of the councils position. The SW also originally said the daughter would have to sell an move to something using her share. It seems very bullying but perhaps she is within her rights.

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I doubt very much that a council could move tenants in to a private property. Like HB, I believe the most any council could do is to place a charging order on the property, but with the co-owner being a dependent, I suspect they would be sailing close to the wind in regards the legality of it.

 

Is there a free legal advice centre in the area ?

CAB is unlikely to be of much use in this situation, and the daughter really does need proper legal advice from a qualified expert. If there isn't a local legal advice centre, it would be worth seeking a solicitor with experience in this area.

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I wonder if this is something that should be brought to the attention of an MP or even the media !

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This sounds like rubbish, the council would not move people into a private residence without permission and agreement. My understanding is that if the co owner or tenant of the house is not a 'qualifying relative' - partner, over 60, under 18, incapacitated - then the council can pay for the care home fees under the deferred payment scheme with a charge on the property and recoup the fees at a later date when the property is sold. The council will also have discretion to disregard.

 

To the OP, where the other tenant/owner is a partner, the property is disregarded in full while they live in it.

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How do you think the council can put a charge on half a house ..... Half a house is worth nothing because you can't sell it .... what would be better is, with hindsight, whoever told the people to have the property as tenants in common should have set a will in place or a trust so that somebody else took control of their share in the event of death or incapacity

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I agree, but it would be a restriction not a charge but from what I have seen they usually disregard. Also, why does the dad have to go into care? If its for medical reasons then there should be no care bill at all.

 

The council cannot just consider half the house as theirs so they can move people in. Restrictions do not work that way. The social worker needs officially reporting by letter. He/she is just a bully overstepping her authority.

 

Plenty of solicitors deal with these type of issues, the daughter should seek legal advice.

 

This sounds like rubbish, the council would not move people into a private residence without permission and agreement. My understanding is that if the co owner or tenant of the house is not a 'qualifying relative' - partner, over 60, under 18, incapacitated - then the council can pay for the care home fees under the deferred payment scheme with a charge on the property and recoup the fees at a later date when the property is sold. The council will also have discretion to disregard.

 

To the OP, where the other tenant/owner is a partner, the property is disregarded in full while they live in it.

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I agree, but it would be a restriction not a charge but from what I have seen they usually disregard. Also, why does the dad have to go into care? If its for medical reasons then there should be no care bill at all.

 

The council cannot just consider half the house as theirs so they can move people in. Restrictions do not work that way. The social worker needs officially reporting by letter. He/she is just a bully overstepping her authority.

 

Plenty of solicitors deal with these type of issues, the daughter should seek legal advice.

 

If the person needs just basic personal care then it comes under social care and there is a financial assessment. If there are nursing needs and the person is deemed as needing nursing care (trained nurses), then the NHS foot the bill.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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True, but havent some families previously been able to claim fees back because they shouldn't have been charged in the 1st place?

 

 

 

 

 

If the person needs just basic personal care then it comes under social care and there is a financial assessment. If there are nursing needs and the person is deemed as needing nursing care (trained nurses), then the NHS foot the bill.
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If the person needs just basic personal care then it comes under social care and there is a financial assessment. If there are nursing needs and the person is deemed as needing nursing care (trained nurses), then the NHS foot the bill.

 

It is quite a bit more complicated that that, and it can be a real fight to get Continuing Health Care funding even when there is a clear clinical need. There is a set of procedures that should be followed in all care assessments, but quite often some of the checks are omitted. A clinical needs assessment should be conducted before a financial assessment - This is one area that many social services make an error and provides a starting point for claiming care costs back.

 

Yes, some families have succeeded in reclaiming care costs where clinical care was needed, but it is a long, difficult, and expensive process.

 

http://caretobedifferent.co.uk/ is a mine of useful information on the subject.

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It is quite a bit more complicated that that, and it can be a real fight to get Continuing Health Care funding even when there is a clear clinical need. There is a set of procedures that should be followed in all care assessments, but quite often some of the checks are omitted. A clinical needs assessment should be conducted before a financial assessment - This is one area that many social services make an error and provides a starting point for claiming care costs back.

 

Yes, some families have succeeded in reclaiming care costs where clinical care was needed, but it is a long, difficult, and expensive process.

 

http://caretobedifferent.co.uk/ is a mine of useful information on the subject.

 

Yes, I'm aware of this - I was stating what should happen, not what actually happens in practice as it didn't seem relevant to the OP question.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I believe the father' date=' who needs the care, has become violent but I don't know the ins and outs. It was the threat of moving three tenants into a privately owned property that I found so strange. Thank you for all your thought on this. What a minefield![/quote']

 

Violence should not be residential care, anyway, it should come under nursing care (mental health) as it needs to be managed, monitored and medicated and residential homes aren't set up for dealing with this.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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As I say' date=' I don't know the ins and outs of that estellyn, I was more concerned with the idea that they could recover the costs by moving three tenants into a four bedroomed house of which he owns half.[/quote']

 

 

I really don't see that happening and think the Social Worker needs taking out of the system.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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