Hello everyone

[Lestat]

I've just joined this site as I have been receiving several threatening letters from Newcastle City Council demanding that I repay the housing benefit and council tax benefit I received from them as I failed to declare that I was in receipt of Tax Credits of some £20 per week which, on top of my ESA payments, apparently meant I had to find £400 per month for the rent and £20 per week for council tax liability. All of this from my ESA of £180 per fortnight and my ex said she would cancel the tax credits as our joint account was changed to just hers and I opened an account in my name only. I have been told that they will not accept any less than £3.55 per week which I will have to pay from my disposable benefit of £9 per fortnight. How do they expect me to live? I've also been told to expect the bailiffs to call round and remove items from my flat (I rent as furnished so nothing is mine - not even the laptop I've got, that's rented).

To crown it all off I received a phone call today from DVSL 020 84958734, which I didn't answer as I didn't know who it was who was calling me. They left a voicemail asking me to call them on an 0800 number urgently (to me this reeks of harassment as they called out of the blue). I then find out that they are the debt collection arm of Crapquest (from this site) who have been hounding me unceasingly since I stopped paying for a credit card I cleared and destroyed. Apparently a replacement was issued and sent to an address I had already moved from making me liable for any debt accrued. Can someone tell me why, when you have no money and would like to declare yourself bankrupt to avoid these threatening letters making you feel suicidal, it will cost you £500?

If someone can help me I'd be very grateful as I'm wasting away here with worry...

[bluebottle]

Re: Hello everyone

Hi Lestat and welcome to Legal Beagles.

Whatever you do, DO NOT apply for bankruptcy. That can have far-reaching consequences. You need to engage with Newcastle City Council asap and explain your current financial position to them. As such, sending bailiffs to your flat would be futile as what is within it is third-party property and, therefore, cannot be seized. The council need to be told about that. You do owe the money, so you need to come to some sort of arrangement with the council. They could go for an Attachment of Earnings Order, which means an amount is taken from your benefit at source. However, you need to speak to the council today and try and sort something out.

As for DVSL, did you cancel the credit card when you had cleared the outstanding balance? If you did and the issuer sent out another card, without your knowledge or consent to an address you had moved from and someone there used it, responsibility for any debt lies on the card issuer as it can be argued the card issuer acted wrongfully and negligently.

If you can answer the question about the credit card, that will help us to help you. As for the issue with the council, engaging with them and trying to come to some sort of workable agreement is, probably, the way forward. Failing that, contact your local CAB.

[Lestat]

Re: Hello everyone

I have already been to the CAB and they advised me to go for bankruptcy as it was the only way to get out of the pickle I'm in, as well as Newcastle City Council I also owe over £30k to Platform Home Loans as the house was sold after I'd walked away from it for £27k less than market value when it was remortgaged. I honestly can't remember whether or not I wrote to the card provider to tell him I was not going to use the card and to cancel the account as this happened in 2002 - 10 years ago - and I'm only being harassed now to repay the amount owed. CAB told me to go for bankruptcy as it would wipe all my debts off. I haven't worked since being unfairly dismissed at the beginning of the recession and the fact that I was sacked is obviously following me around and it's a struggle to manage on my benefit as I'm paying back £5.60 per week to Newcastle City Council for rent arrears and another £5.60 per week for a Crisis Loan which I needed when I changed from ESA to JSA in January, I actually had to apply for three and then rang the ESA to find out why my claim had not been fully closed off and was told they keep it open for 2 months in case I go back on the sick. The reasons for me being on the sick in the first place are still plaguing me now. I've had deep depression since January 2009 (although everyone agrees it was unfair dismissal I couldn't do anything about it as for 5 years I was temping before my contract was taken over by BT and then 2 weeks later I was suspended following a customer complaint, after 3 weeks I was taken back and once again put on the phones only to be sacked 3 months later for the same customer complaint).

Needless to say everything started going downhill from then on and I was diagnosed by 3 different GP's as having clinical depression, only to be found fit for work by Atos who interviewed me for 20 minutes and decided that since I wasn't going to answer the questions as I couldn't remember how I'd got there far less how I spend my days she would fill in the answers for me to get me off the sick. When I appealed against this decision the two tribunal people decided that I could not give a clear reason why the health professional would have answered for me and disallowed the appeal. Now with all the threatening letters I'm receiving I'm heading back down the road to suicide as there doesn't seem to be any other option open to me...

[Hurricane Puffrose]

Re: Hello everyone

Lestat,

Hi, sorry I'm no expert on benefits or council tax etc, but I'm very concerned about how low you are feeling.

you must never never feel you are alone or have no way to turn, there is always someone here 24 hours a day to speak to, if you need to rant, to "hear a voice", just to have a friend, we are all here for you. We are just the other side of the computer screen, remember, depression is not a sign of weakness, its a sign we have been strong for too long.

There is a dedicated thread for people who have depression, with people who truely care and understand. PLEASE don't ever feel like ending it all, there is always a light at the end of the tunnel, and hopefully we can help you see it.

If you ever need to rant at someone, please feel free to PM me, if you dont want me to read it, but just need it out of your head then title it please delete and I promise i will, and I PROMISE i will not take offence.

:hug:

you are in good hands now.

[bluebottle]

Re: Hello everyone

Lestat,

Has your GP suggested you going into hospital for treatment for the depression you are suffering? The condition you are in, it would be the best thing. However, in saying this, I have to add a caveat. If you do not agree to go into hospital voluntarily, you can be sectioned under the Mental Health Act. If this were to happen you would be deemed incapable of administering your own affairs. You would then be placed under the care of the Public Guardian and Court of Protection who would then appoint a Receiver to look after your affairs. The Receiver would look after your financial affairs and deal with those who are hassling for money.

Turning to the actions of the ATOS assessor, what they did was totally unethical and, in all probability, in breach of their professional Code of Conduct, as well as Social Security Regulations. Was the assessor a doctor, nurse, physiotherapist or other healthcare professional? If a doctor, this needs to be referred to the General Medical Council (GMC). If a nurse, the matter needs to be referred to the Nursing and Midwifery Council (NMC). Any other type of healthcare professional needs to be referred to the Health Professions Council (HPC). This matter may need to be referred back to the DWP as the Secretary of State is vicariously-liable for the actions of the ATOS assessor.

The Samaritans can provide you with emotional support. Their website, along with contact numbers of local branches, is at www.samaritans.org .

[Bill-K]

Re: Hello everyone

Hi and welcome to you, Lestat. Most - if not all - of us have been in similar positions to yourself, and found ourselves fighting what seemed like a losing battle. That's why we're here - because we came here for help - and we stuck around afterwards to help others. Many of us - including myself - have been driven to the very brink of suicide by the sheer pressure exerted on us by all this stuff - and by the feeling of sheer hopelessness that can completely engulf us.

As PuffRose so beautifully says - "You have been strong for too long."

I have more to say, but I just wanted to post this for now - while I write some more.

[bluebottle]

Re: Hello everyone

Hi and welcome to you, Lestat. Most - if not all - of us have been in similar positions to yourself, and found ourselves fighting what seemed like a losing battle. That's why we're here - because we came here for help - and we stuck around afterwards to help others. Many of us - including myself - have been driven to the very brink of suicide by the sheer pressure exerted on us by all this stuff - and by the feeling of sheer hopelessness that can completely engulf us.

As PuffRose so beautifully says - "You have been strong for too long."

I have more to say, but I just wanted to post this for now - while I write some more.

"You have been strong for too long". Yeah. That strikes a chord with me, Bill. That's what I was told by a psychiatric nurse when I suffered a serious nervous breakdown just over 15 years ago. It's strange, but it is those with strong characters who seem to succumb to mental health problems.

[Bill-K]

Re: Hello everyone

I'm pleased to see that Bluebottle is helping you here, Lestat. The sheer mechanics of all this stuff can be overwhelming, and we often need someone else to tell us what we need to do. Let someone else 'take the strain' for a while, and you can then step back a little and take a few deep breaths, then look at things from there. You are clinically depressed - 3 GP's have confirmed that. ATOS have been earning quite a name for themselves as being a waste of space and time.

I've not done bankruptcy, but I have had an IVA which is similar in many ways. It worked for me - BUT - as BB says, you should regard it as the last resort and not the first port of call. I would venture to suggest this as a gambit. Be very apologetic and humble, and write to the Council explaining that you have been very ill, as diagnosed by 3 GP's, and that you still are. Apologise for appearing to ignore their requests, and assure them that you are now trying to get matters sorted. It is important to show them that you are NOT ignoring them, and that you are trying to find a solution. When you don't respond, they have no option other than to assume you are a rogue. When you respond, they can see that you are not trying to evade the issue or 'do a runner.'

PLEASE heed the sheer practical advice that BB has posted. But remember that the people you are dealing with are humans, like like you. So don't be confrontational, however tempting that may be. Be the victim - but from now on you will be the well-informed victim. So - instead of saying "This is absolutely ridiculous," try summat like "I am sorry, but I really cannot understand how this works."

I'm a Local Authority ("Council") tenant, and I have claimed Housing and Council Tax benefit. I have had problems and been issued with repossession notices. I got angry and tore them off a strip, but kept my cool. They eventually proved I was wrong, but admitted that they had also made errors for which they apologised. I apologised for my errors, and we resolved matters.

Mate - you can get on top of this. But you need to take a small chisel and start chiselling. It may take a while, but you will get there as long as you keep chiselling a piece at a time. There's no need to be chiselling 24/7, as that is what will cause a breakdown. But do a bit each day. Show a positive attitude to those who have only seen your negative side so far, and I really believe this will turn things around for you. Sure - you will have setbacks. That's normal.

In the not too distant future, my friend, I truly believe you will be able to look back on this dark time and draw strength from it. Next time the dark clouds gather, you will know what to expect - and how to deal with it. That is strength. That is experience. That is - I believe - what we are here for, for better or for worse.

And, yes, we have areas here for peeps like myself, who occasionally needs a spiritual boost. And maybe for peeps like yourself, who sure seems to need one right now. We help each other out here, and it seems to work. I hope it will for you too, Lestat.

Bill.

[CleverClogs]

Re: Hello everyone

I also owe over £30k to Platform Home Loans as the house was sold after I'd walked away from it for £27k less than market value when it was remortgaged.

Even that might not be so bad, if the loan documents are defective.

I honestly can't remember whether or not I wrote to the card provider to tell him I was not going to use the card and to cancel the account as this happened in 2002 - 10 years ago - and I'm only being harassed now to repay the amount owed.

If the alleged debt is as old as that and if you had neither made any written acknowledgement nor payment of it in the last six years, then it is statute barred and you may tell the collection parasites to get knotted as they will not be able to enforce it by suing you.

Needless to say everything started going downhill from then on and I was diagnosed by 3 different GP's as having clinical depression, only to be found fit for work by Atos who interviewed me for 20 minutes and decided that since I wasn't going to answer the questions as I couldn't remember how I'd got there far less how I spend my days she would fill in the answers for me to get me off the sick. When I appealed against this decision the two tribunal people decided that I could not give a clear reason why the health professional would have answered for me and disallowed the appeal.

One possible motive is, of course, that the ATOS computer program told her to do that. Another possible motive is that her 'training' was biased to assessing people as "fit for work", whilst yet another is that the ATOS contract with the Department of Work, Pensions and Disability Denial was intended to comply with the largely invented statistic of one-third of all claims being "fake".

I blame "Lord" David Fraud, the sometime banker and self-declared "expert" on disability, and I especially blame his parents. Even though his father was a descendent of Doktor Sigmund Fraud, the inventor of psychiatry, it is my suspicion that he nevertheless seems to have potty trained his son too soon or too harshly.

[bluebottle]

Re: Hello everyone

At the moment, about 10 doctors, employed by ATOS, plus other healthcare professionals, employed by ATOS, are being investigated for inappropriate conduct or professional misconduct over these so-called "assessments" for DWP. Now it is coming out that ATOS have been banned from offering their services in the USA. Decisions being made by ATOS assessors are being overturned, on appeal, in a large majority of cases. With regard to fake claims, it has been found that a number of DLA claims had been made by quite well-off individuals who had fleeced the taxpayer of millions of pounds. In one case, a well-off couple managed to fleece the taxpayer of £426,000 over a 10-year period with fake DLA claims. They are subject to Proceeds of Crime Act seizures of a luxury yacht, houses, a villa in France, cars to try and recoup some of the money they have defrauded from the taxpayer. When Posh Boy Cameron, Boy George Osborne and Mr Ian "Out of Touch with Reality" Duncan Smith bang on that those on disability allowances and benefits should be in work, they want to take a long, hard and, probably, uncomfortable look at themselves and their supporters and ask themselves the question, "Are we being fair to these people and if we were in the same position, would we want to be treated like that?" I can certainly tell Posh Boy how I feel.

[Hurricane Puffrose]

Re: Hello everyone

How are you feeling today Lestat hun?

Hopefully with a new day comes a new outlook, and a realisation you are not alone, quite the opposite.
When I came on here first, I was terrified to post, but now I am honoured enough to call people here my friends. Hopefully you have a few ideas about where your wanting to start the climb back, and we will be here every step of the way, cheering you on.

Your never alone my friend.

P

[bluebottle]

Re: Hello everyone

There is a saying, "A problem shared is a problem halved/solved". Quite often, because we are so wrapped up in a situation, we see ourselves as a prisoner to that situation, but fail to see there is a way out of that situation if we take the trouble to look. The best analogy of this is the Eight of Swords card in a Tarot card deck. It shows a person, blindfolded and bound, surrounded by eight swords. Looking at it, at first, it looks like there is no way out, but, if you look, there is a gap through which to escape the "prison" we have made for ourselves. There is no shame or embarrassment in asking others for help or telling others you need help.

In one of my earlier posts in this thread, I urged you engage with Newcastle City Council and put them in the picture about your health problems and financial situation. Once they are made aware of this, you will probably find their attitude will change. If they don't know you have problems, they will assume the worst, but once they know, they will find a way of helping you through the issues you have with them. You would also benefit from speaking to a charity like National Debtline who can give you free debt counselling advice. They have a freecall number which is 0808 808 4000 and their website is at www.nationaldebtline.co.uk. Give them a ring and then ring Newcastle City Council to try and sort something out with them.

[CleverClogs]

Re: Hello everyone

There is a saying, "A problem shared is a problem halved/solved". Quite often, because we are so wrapped up in a situation, we see ourselves as a prisoner to that situation, but fail to see there is a way out of that situation if we take the trouble to look. The best analogy of this is the Eight of Swords card in a Tarot card deck. It shows a person, blindfolded and bound, surrounded by eight swords. Looking at it, at first, it looks like there is no way out, but, if you look, there is a gap through which to escape the "prison" we have made for ourselves. There is no shame or embarrassment in asking others for help or telling others you need help.

You are Mystic Meg and I claim the News Chronicle prize!

[Bill-K]

Re: Hello everyone

You are Mystic Meg and I claim the News Chronicle prize!

YOU are Jimmy Cricket - and I claim my pair of wellies !!!