At the weekend I had a two and half hour talk with my parents.
It soon became apparent they do not appear to have any supporting evidence for their claims in the letter for the items paid for and work carried out, utility bills etc...
I had asked to talk things over and go through the list of things they claim I owe them money for. What they produced was two A4 tatty bits of paper, both handwritten.
The worst part is they really have no idea of the seriousness of what they have started.
My mum was in tears a lot of the time and keeps quoting how it was her Fathers wish she had the house, which I then reminder her this didn't happen because of the court case with her late Brother where it was divided by instruction of the court!
My dad continues to say he wants the house 'transferred to them debt free' and my mum keeps saying she just wants to her name on the deeds out of principle.
I even said I would pay the £ they claim I owe and could give them something from the rent to try to come to some kind of resolution but they wouldn't go for it!
As a test I asked what they would do with the house if in their name, my dad said 'think about it' and my mum said 'anything' which just shows it almost like the damn street light where they are fixated and must just win at any cost.
I really do not want to be getting into a court thing, but think it would almost be laughed out of court as it is almost complete based on hearsay and what it in their heads!
The part about me paying the mortgage in lieu of rent, I said this was never agreed or spoken about and my dad just angrily said 'well I knew about it! and no one else did as was in his head!
This is driving me insane!
Please let me know what you think my next move should be
Thanks for you response, much appreciated. Can I just clarify am I now attending the ESA Tribunal simply to recover the 3 months backdated ESA payment which UC will not cover, as they only backdate to 3 months after I provided evidence of my condition?
Suggest that you call the UC helpline 0800 328 5644 to ask about the backdated payment.
What tends to happen is UC Decision Makers add the decisions to the claims and it then takes ages before claimants hear any more.
Any backdated payment for the limited capability for work and work related activity may be offered to DWP Debt Management. If you call UC, they may be able to tell you, whether this is going to happen.
If you win the ESA tribunal, then yes any further backdating will be worked out, but you will need to provide a copy of the tribunal letter to UC, so they can arrange this. DWP do not always appear to get the tribunal letters, which is why is why I suggest passing to UC via the local Job Centre.
On the issue of the tribunal, perhaps it may be worth providing tribunal details of the recent UC assessment, so they can see how the ESA assessment which found you fit for work, was an error.