Can some one please help us? (merged)

bigstring

Hi guys, new here so Hello to all, I am after a little advise as we have had some very upsetting news..

Going back to January 16th 2007 my partner was signed off work for 1 year as she has very abnormal kidneys, so she applied for benefits, incapacity benefit, disability living allowance, she was having regular lithotripsy treatment at hospital and seeing her consultant on a regular basis, her claim took nearly 8 weeks to be processed and she was turned down on the basis that she did not pay enough National insurance contributions or tax over the past 3 years, we then argued this as she has never been out of work since she was 16, it came to light that her previous employer had never pain any tax or NI for her, making up excuses that she was in training and a student, which all are lies!

So we went to our local MP M ancram, after many a meeting and talking to various parts of the benefits department they still gave the same response, so it went to the house of commons and Peter hain (MP) was involved, by this time my partner was 3 months pregnant, and the stress was getting far to much and the treatment had to be stopped, still the answer of NO benefits are going to be paid, she got worse over the weeks and I had to give up work to care for her, I was not entitled to any benefits as I gave up work willingly, housing and council tax were not going to pay as we were not receiving any benefits what so ever, so they turned a blind eye to us, I could not claim carers allowance as she was not on incapacity or disability living allowance

so it continued, us fighting the government about my partners tax and NI contributions, anyways, we had no heating oil by November, so no hot water or heating through nov or December, January we were evicted from our home (baby born on the 30-12-2007) our son had to spend his first weeks in a freezing cold home with no hot water or heating, the council had no space for us to be homed anywhere over oct - dec, but finally got a house on the 13th Jan 08, a result none the less... and so it goes on, we lived on nothing at all for 9months last year all because there was not enough contributions in the account

we now have debt collectors collecting or council tax for last year - ross and Roberts
in court owing £4000 on rent for last year
I lost my car as I had no insurance or tax on it while taking my partner to the hospital as I had no money to do so!, was crushed! still owing £3500 finance on it and facing a driving ban that will kill me.
My mother lent me her car from France with French insurance to help me out, the police took this as they said the insurance was not valid, another 6 points....... only to get my partner to and from hospital... no leeway what so ever...
my partners depression is as bad as it's ever been
water and electric are chasing us
£15000 loan that I could not pay and am going to court for
£1500 my mother in France lent me

and many more things on top

and today through the post........... 19 months after all of this ...... a letter saying you did pay enough contributions during these years, no sorry, no nothing...... we have lost everything we have, we are getting hassled by everyone for money, I'll probably end up in prison at this rate


what do we do now after all we have been through and it was there screw up........

Kimitatsu

Hi

Firstly congratulations on your baby

You seem to have been through a really rough time the last few years. With regards to the debts have you seen a debt adviser at your local CAB? They are now required as part of their service to make sure you are claiming all the entitlements you are allowed to (dont laugh at this point!)

Does your partner have her P60's for the last three years? On there should be the amount of tax and NI she has paid, and that has been deducted from her salary.

If she has not made any contributions (and to be honest I would be taking it up with HMRC as the employer has to make their contributions as well) can you not pay the contributions yourslef? I realise that times are tough but for some benefits you are able to back date your contributions to bring them up to date. From the time your baby has been born your partner now has home protection contributions paid for her until your child is no longer eligible for Child Benefit.

If you speak to your local hospital then they should be able to organise transport for your partner to and from hospital - it can either be accessed through the transport services or many hospitals have a PALS service that may be able to help you.

Oldernotwiser

bigstring wrote: »

Hi guys, new here so Hello to all, I am after a little advise as we have had some very upsetting news..

Going back to January 16th 2007 my partner was signed off work for 1 year as she has very abnormal kidneys, so she applied for benefits, incapacity benefit, disability living allowance, she was having regular lithotripsy treatment at hospital and seeing her consultant on a regular basis, her claim took nearly 8 weeks to be processed and she was turned down on the basis that she did not pay enough National insurance contributions or tax over the past 3 years, we then argued this as she has never been out of work since she was 16, it came to light that her previous employer had never pain any tax or NI for her, making up excuses that she was in training and a student, which all are lies!

So we went to our local MP M ancram, after many a meeting and talking to various parts of the benefits department they still gave the same response, so it went to the house of commons and Peter hain (MP) was involved, by this time my partner was 3 months pregnant, and the stress was getting far to much and the treatment had to be stopped, still the answer of NO benefits are going to be paid, she got worse over the weeks and I had to give up work to care for her, I was not entitled to any benefits as I gave up work willingly, housing and council tax were not going to pay as we were not receiving any benefits what so ever, so they turned a blind eye to us, I could not claim carers allowance as she was not on incapacity or disability living allowance

so it continued, us fighting the government about my partners tax and NI contributions, anyways, we had no heating oil by November, so no hot water or heating through nov or December, January we were evicted from our home (baby born on the 30-12-2007) our son had to spend his first weeks in a freezing cold home with no hot water or heating, the council had no space for us to be homed anywhere over oct - dec, but finally got a house on the 13th Jan 08, a result none the less... and so it goes on, we lived on nothing at all for 9months last year all because there was not enough contributions in the account

we now have debt collectors collecting or council tax for last year - ross and Roberts
in court owing £4000 on rent for last year
I lost my car as I had no insurance or tax on it while taking my partner to the hospital as I had no money to do so!, was crushed! still owing £3500 finance on it and facing a driving ban that will kill me.
My mother lent me her car from France with French insurance to help me out, the police took this as they said the insurance was not valid, another 6 points....... only to get my partner to and from hospital... no leeway what so ever...
my partners depression is as bad as it's ever been
water and electric are chasing us
£15000 loan that I could not pay and am going to court for
£1500 my mother in France lent me

and many more things on top

and today through the post........... 19 months after all of this ...... a letter saying you did pay enough contributions during these years, no sorry, no nothing...... we have lost everything we have, we are getting hassled by everyone for money, I'll probably end up in prison at this rate


what do we do now after all we have been through and it was there screw up........

This sounds an awful situation and I'm happy for you that it's now sorted. Now you'll have your wife's backdated benefits payments, will this not pay off most of the debts that you've accrued or have you borrowed over and above this? The question of contributions seems very complicated as you say that your wife's employer didn't pay them but now you say they actually have been paid.

Unfortunately I lose some sympathy with your situation when you say that you've been driving without insurance not once but twice! I'm sure you thought it necessary at the time but it's really no excuse and the repercussions of it won't go away.

What do you want to happen now? I assume that you'll now be able to manage on your benefits and you have somewhere to live which are both positive things. You'll get better advice on debt management on the DFW board. You can't be sent to prison for debt and if your financial situation is insurmountable you could declare bankruptcy, giving yourselves a new start; the Bankruptcy board will offer you advice on this.

I'm not sure what you're asking for but, apart from the driving thing, I do sympathise with your situation and hope things get better from now.

sunnybubble

bigstring wrote: »

Hi guys, new here so Hello to all, I am after a little advise as we have had some very upsetting news..

Going back to January 16th 2007 my partner was signed off work for 1 year as she has very abnormal kidneys, so she applied for benefits, incapacity benefit, disability living allowance, she was having regular lithotripsy treatment at hospital and seeing her consultant on a regular basis, her claim took nearly 8 weeks to be processed and she was turned down on the basis that she did not pay enough National insurance contributions or tax over the past 3 years, we then argued this as she has never been out of work since she was 16, it came to light that her previous employer had never pain any tax or NI for her, making up excuses that she was in training and a student, which all are lies!

So we went to our local MP M ancram, after many a meeting and talking to various parts of the benefits department they still gave the same response, so it went to the house of commons and Peter hain (MP) was involved, by this time my partner was 3 months pregnant, and the stress was getting far to much and the treatment had to be stopped, still the answer of NO benefits are going to be paid, she got worse over the weeks and I had to give up work to care for her, I was not entitled to any benefits as I gave up work willingly, housing and council tax were not going to pay as we were not receiving any benefits what so ever, so they turned a blind eye to us, I could not claim carers allowance as she was not on incapacity or disability living allowance

so it continued, us fighting the government about my partners tax and NI contributions, anyways, we had no heating oil by November, so no hot water or heating through nov or December, January we were evicted from our home (baby born on the 30-12-2007) our son had to spend his first weeks in a freezing cold home with no hot water or heating, the council had no space for us to be homed anywhere over oct - dec, but finally got a house on the 13th Jan 08, a result none the less... and so it goes on, we lived on nothing at all for 9months last year all because there was not enough contributions in the account

we now have debt collectors collecting or council tax for last year - ross and Roberts
in court owing £4000 on rent for last year
I lost my car as I had no insurance or tax on it while taking my partner to the hospital as I had no money to do so!, was crushed! still owing £3500 finance on it and facing a driving ban that will kill me.
My mother lent me her car from France with French insurance to help me out, the police took this as they said the insurance was not valid, another 6 points....... only to get my partner to and from hospital... no leeway what so ever...
my partners depression is as bad as it's ever been
water and electric are chasing us
£15000 loan that I could not pay and am going to court for
£1500 my mother in France lent me

and many more things on top

and today through the post........... 19 months after all of this ...... a letter saying you did pay enough contributions during these years, no sorry, no nothing...... we have lost everything we have, we are getting hassled by everyone for money, I'll probably end up in prison at this rate


what do we do now after all we have been through and it was there screw up........

hi there it must be hard to be taking on the whole world when it turns against you, you are a true fighter, just keep going!
firstly the system should be there to help when you are in need not push you down even more - this is the bottom line. taking it from here you should be entitled to legal aid -as the system has got your situation worse you have some firm evidence to what they have done to you by not doing their jobs properly.. have a word with a solicitor you should be more than entitled to some compensation for 19 months of pure missery! - and as for them saying sorry- never!
concerning your debts CAB is the best to talk to or CCCS - as long as you do not ignore them there is a lot of help out there even if you are paying a £1 a month towards them(if that is all you can afford), that should legally stop any further action against you.
good luck

ilikewatch

Hi,

Out of interest, did you claim any other benefit, such as income support etc. during this time?

jul22

quote=ilikewatch;12645253]Hi,

Out of interest, did you claim any other benefit, such as income support etc. during this time?

I was wondering the same thing! If your partner had claimed Income Support (IS) as well, then they might have been able to pay you instead based on her having a 'credits only' claim for Incapacity Benefit (IB).

On the assumption that your wife/partner is still sick I would make a claim for IS now. As she has been sick for over a year then she will be entitled to the disability premium, which for a couple is about £36 (or thereabouts!).

You might like to see if you can get it backdated to when she claimed IB. However, backdating for IS will only be allowable for certain reasons - misdirection being one.

Also, IS is means-tested. Therefore, if you have savings of £16,000 or more then you can't claim. Likewise, if you start working then you salary will be taken into account. Lastly, the IB that she is now receiving will also be taken into account - and so if it is more than £130.95 (the Couple allowance for IS combined with the Disability Premium) then you won't be eligible.

However, I would certainly apply for IS as there is no harm in trying!

real1314

bigstring wrote: »

, I was not entitled to any benefits as I gave up work willingly, housing and council tax were not going to pay as we were not receiving any benefits what so ever, so they turned a blind eye to us, [/quote]

CTB and HB should be unaffected by the fact that you have no other benefits coming in. Did you actually apply for these benefits?
Similarly, if you applied for IB, you should also have applied for Income Support (assuming neither of you were working) which would have been payable in your partners name. It sounds like you applied for Job Seekers Allowance and were turned down for leaving work voluntarily, but this only applies for the first 26 weeks, so if you had carried on signing on you'd be getting paid by now. Also you probably should have been advised about Income Support at this point?

char_student

I am so sorry to read this, what a sad story.

Can you try to sue your partners ex employer at all? What she has done is illegal? Maybe even contact the NI people or HMRC. Have you been to your local CAB at all? They offer advice and can even refer you to a solicitor if you are on a low income you may be eligible for legal funding to see the solicitor. There must be something that can be done, as the ex employer has done all this. Def go see CAB if you havent already

HMRC would be VERY interested if someone had not paid someones tax, a know someones employer who did not pay their tax and the employer had to pay it all back

bestpud

Have the insurance issues been dealt with? As in you are not waiting to go to court?

You don't need to drive - contact the hospital, as ONW said, and they will arrange transport for her.

RE the debts - I agree you need to contact the CCCS as a matter if urgency. It is free and they will set up a repayment plan with you. Assuming you are about to get a lump sum (back payments), they will also advise you which debts are a priority.

But I agree with ONW that bankruptcy may be an option for you. There are downsides to it but given your situation is pretty bad already, it is worth bearing in mind.

Check out the debt free wannabe board too as they are very knowledgeable on there.

Good luck and let us know how you get on.

bigstring

Good morning, No p60's over the years, she was told they were kept on file for her until she needed them, we were in contact with hmrc day in day out to investigate this and even offered to drive to reading to have a work with the previous employer, but were told under no circumstances were we to go near her place of work as there was an investigation going on, and the obvious (we would of gone ballistic at her and taken 5 years worth of tax and NI from her yard) Don't get me wrong I had to give up a £36000 job to care for my partner, I feel I have paid my dues over the years and thought I would get something back.

Kimitatsu wrote: »

Hi

Firstly congratulations on your baby

You seem to have been through a really rough time the last few years. With regards to the debts have you seen a debt adviser at your local CAB? They are now required as part of their service to make sure you are claiming all the entitlements you are allowed to (dont laugh at this point!)

Does your partner have her P60's for the last three years? On there should be the amount of tax and NI she has paid, and that has been deducted from her salary.

If she has not made any contributions (and to be honest I would be taking it up with HMRC as the employer has to make their contributions as well) can you not pay the contributions yourslef? I realise that times are tough but for some benefits you are able to back date your contributions to bring them up to date. From the time your baby has been born your partner now has home protection contributions paid for her until your child is no longer eligible for Child Benefit.

If you speak to your local hospital then they should be able to organise transport for your partner to and from hospital - it can either be accessed through the transport services or many hospitals have a PALS service that may be able to help you.

bigstring

I was just wondering, is there anything we could do, compensation wise? I would not or never have broken the law in my life till last year, when you see your partner in that much pain that she cant even get out of bed on her own any more or in and out of the bath what are you meant to do? I had savings of just over £3000 but they did not last long and when they were gone that was it, so what would of you done? just let her slowly get worse and worse or put her in the car with no tax or insurance and get her to hospital for treatment, saying that it's only down the road, 36 miles away, and saying that I nearest shop was only 6 miles away, there was nothing more I could do.

Oldernotwiser wrote: »

This sounds an awful situation and I'm happy for you that it's now sorted. Now you'll have your wife's backdated benefits payments, will this not pay off most of the debts that you've accrued or have you borrowed over and above this? The question of contributions seems very complicated as you say that your wife's employer didn't pay them but now you say they actually have been paid.

Unfortunately I lose some sympathy with your situation when you say that you've been driving without insurance not once but twice! I'm sure you thought it necessary at the time but it's really no excuse and the repercussions of it won't go away.

What do you want to happen now? I assume that you'll now be able to manage on your benefits and you have somewhere to live which are both positive things. You'll get better advice on debt management on the DFW board. You can't be sent to prison for debt and if your financial situation is insurmountable you could declare bankruptcy, giving yourselves a new start; the Bankruptcy board will offer you advice on this.

I'm not sure what you're asking for but, apart from the driving thing, I do sympathise with your situation and hope things get better from now.