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    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
    • I have got a copy of the charge. The Land Registry responded to say that the document attached to the RX1 was as follows. The A4 document headed 'Health and Social Services and Social Security Adjudications Act 1983 and National Health Service and Community Care Act 1990' is a statutory charge. However as the person concerned (your late father) was one of joint proprietors of the property, the charge could not be registered or noted. Instead it was protected by registration of a restriction.   This is a statutory charge that has arisen under section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   Unfortunately the Land Registry blog was discontinued on 30 June 2020 [I only found out today!] they're waiting for a new platform which could take a few weeks - so I haven't been able to obtain any other advice, other than what I found in the Hardwick and co website today which stated that S22 of HASSA had been repealed and stated that    After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act). and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due   hence I thought that as the fees had not been paid and more than 3 years had elapsed that perhaps the charge was no longer extant?    If the restriction is such that the CS only has to notify the council [and there's no restriction on me selling] then I thought the sale could proceed while I continue to battle it out with the council. Who haven't been in touch now since 2016.   This is all very complicated - I'm sure it could be simplified!!   Thank you      
    • You've been here since 2013 so you must be aware that the tell people all the time to read our customer services guide and to record their calls. We try to remind people that if they don't record their calls then sooner or later they will regret it. I think if you do anything morning telephone you should have read our customer services guide first because then you would have the evidence you need to persuade people that you did take the action that you saved it. I suspect one of the problems it will be managing to establish that you let people know in advance. If there is a delivery which signed for that you may find that Amazon and also your bank may not be very happy about helping you out. Although the bank may activate the chargeback, they may later on after a further "investigation" for the money back from you. Suggest that you send Amazon an SAR.  
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lenny100

council have used wrong national insurance number

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i was medical discharged from royal navy in 2001 as was given a assasment of 10 to 19% disability,so a lump sum was awarded, but no diasbility pension, but found work and tried to make mysealf a new life but in 2005 was forced to give up work and start claming, i was given a resesment by the mod and my pension was incresed tp 30% and a pension was awarded . Now i also strted to claim houseing and CTB at this time but it has never been straightforword as evey few mounths i get another set of bills and it all changed untill october 2018 when i got a set of letters stating that i was and have never been entiltled to HB and CTB but because it was not my fault but theirs they would only seek back one yers overpayments.  i got onto my houseing provider and there benifits team have been a godsend and in septembr 1019 told me to put in a formal comlpant aboutthe handeling of my case. thi was suposed to take 10 weeks but today i recived the report and also the letters they had based all the desisions upon.

the main one is a letter i have never seen although suposidly sent to my old home adress in 2002 which states about my medical discharge the national insurance number and the service number are not mine and i belive that the councail have been using this infomation when talking to the mod about my pension and this is why i have been haveing problems as the inforation is about somebody who does not qualify for help.

i know is sound a bit bad but at the moment i am fumeing about this and find it hard to think kleerly at the moment but i need direction on what to do next?

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I'm not going to be able to give you the advice you need here because I really don't have any knowledge of this area – but I would certainly say that you need to get all the information you can and so I would suggest that you begin by sending an SAR to any party who you believe is involved. This includes the council, the Navy, – anyone else. You can send the same letter to everybody – just in separate envelopes. It takes 30 days for them to respond and it's free.

There is no downside to this and it may help you to build up a bigger picture of what is going on. In the meantime, monitor the thread for people with better knowledge than me to come along and help you.

I have to say I don't altogether understand your story. I don't know if that's because of the way you have expressed it or simply I don't understand subject enough. Who is it who would have been responsible for supplying your national insurance number at the outset? Could the council in any way be responsible here? I have the impression that maybe they are simply using a national insurance number and service number which they were given and that no blame attaches to them.

You certainly need to identify the responsible party. It seems to me that you have two issues here – first of all identifying the party which provided the incorrect data and then seeing whether it is possible to take them on and get some kind of compensation.

Secondly, informing everybody of the error and understanding of the damage/losses which is has caused you over the years and get this rectified.


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Now Council have found this error, they have to corrrect it, as they have obligations under Data Protection Act.  They have reported benefit claims against someone elses National Insurance number.  This means that a Government benefits data record has been set up, for someone who may not have required such a data record.

 

Register a formal complaint with the council and insist that they sort out this mess quickly or you will be escalating it to your local Member of Parliament.

 

The Council need to assess your current entitlements and also check that you have not been underpaid going back in time, if they have used some of the wrong information.  Also if they have added any third parties data to your records, they must take all necessary steps to remove this.


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