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Going to sue my Local Council

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  • Going to sue my Local Council

    I am a full time Live in carer for elderly terminally ill man of 70, I’m on £104 per week of which some £60 odd pounds per week is Carers Allowance and the remainder Income Support, I have no savings or assets, all of which was well known about me by my Council.
    In June 2017 my Council stated that I was overpaid Rent Allowance & Council Tax due to various stoppages in my Income Support claim, for several periods during 2014 - 2015 totalling some £1,960 overall, and unless I paid in full immediately Enforcement Agency’s and the Courts would be used resulting in further costs to myself.
    Over the course of the next couple of months, I wrote to the Council, various departments and Inderviduals including Chief Executive, Legal Deparment, Council Tax Departments, MP (Mortified, but that was all). and various other Departments, disputing their claims that my Income Support had ever been stopped for any of the periods they stated, or any other periods of time Not stated.

    Eventually Council Compliance Officer said Council were acting on information received from the DWP.
    Ah Ha, it just so happens that in May 2017 I became involved in a dispute with the DWP over their claim I had been overpaid Income Support for a period during again 2014 - 2015, and they also wanted £1,990 Repayed plus a £50 Civil Penalty Fine.
    I have appealed that finding, and it is being dealt with so far to my satisfaction. DWP are very naughty.

    However the DWP is Not what this is about, it’s about my Council continuing in its insistence that my Income Support was stopped for various periods, and continuing with this wrong information to get nemerious Court Orders and Judgements against me including costs, then sending Bailiffs repeatedly to my terminally ill charges address and over fifteen letters threatening further visits and Court costs unless full payment is made.
    After once more pointing out that the information the Council was using was in error, the Council compliance Officer wrote to say, she had personally checked the information was correct with the DWP, and she was personally satisfied it was fully correct, and that being the case she did not need to provide me with the information the Council received from the DWP.
    So I made a FoI Request to the Council for the information they received from the DWP, and guess what.?
    The Council said they had no record of receiving anything about me from the DWP?
    What. ,
    While all that is going on, I’m also writing to the Enforcement Agency, telling them also the above story, they state they are only following orders, and I need to complain to the Council, however the old adage of ‘Give Them Enough Rope and They’ll Hang Themselves’, came out to play.
    In an e-mail to myself from the Enforcement Agency they stated, a) That my dispute with the Council was a result of overpayments for E.S.A . b). That in June 2017 a Court Ruled against me on the issue, finding in the Councils favour that I had to repay the overpayments.
    I was never on E.S.A, Neither was there any such Court hearing.
    Just for a new twist, recently the Enforcement Agency to say that I still owed £1,960 Not apparently for overpayments in Housing Benefit and Council Tax, but for unpaid Parking Tickets. Again What.

    What Is My Best Course Of Action? I don’t know what or who to sue or why anymore.
    All sugestions, gratlly received. Many thanks for taking the time.
    Tags: None

  • #2
    b). That in June 2017 a Court Ruled against me on the issue, finding in the Councils favour that I had to repay the overpayments.
    That would be the liability order hearing that the enforcement agents are referring to.

    The council have no particular interest in playing any games so almost certainly have based the case on what details DWP have provided to the council. Where the council are processing Housing Benefit and Council Tax Benefit (not so much under Council Tax Support) they are provided with information from DWP regarding changes in benefit claims and what benefit is in payment.

    Comment


    • #3
      Thank you LGFA92, I thought as much, my problem stems from the DWP passing on erroneous information about myself to my Council.
      I have previously said this to the DWP, who have strenuously denied passing any information on to my Council.
      Something of an impasse, don’t know where to go from here.

      Comment


      • #4
        Information passed to the local authority is usually done via the ATLAS system. You could try a subject access request to DWP - https://www.gov.uk/guidance/request-...k-and-pensions . Similar can be done with the council.

        From the council point of view, if they speak to DWP and they insist it is correct the council don't have much option but to use it. DWP certainly get things wrong though.

        In the meantime though the council tax charge is deemed to be correct and that is why they can continue to pursue it.

        Comment

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