Refused benefits

Lexxi

dmg24 wrote: »

You need to find out more about the document your solicitor drew up.

Whilst it is not practical to have to sell a house in order to get money, it is also not the job of the state to provide you with an income when you already have money, albeit tied up in property. Also, the state takes no account of debts when calculating what capital you have, irrespective of who you owe the money to.

But that's the point, it's not my money. I could have just as easily put on the outstanding mortage section of the form the amount owed to the relative too. Or borrow more against the house to remove any equity and pay some of the loan off

dmg24

Lexxi wrote: »

But that's the point, it's not my money. I could have just as easily put on the outstanding mortage section of the form the amount owed to the relative too. Or borrow more against the house to remove any equity and pay some of the loan off

You could not have put that amount on the form, as that would be fraud. If you borrowed against the property that also would not be counted as part of the mortgage unless it was taken out for essential improvements to the property.

Unless you have something legal to show your relative's share in the property, your debt is no different to a credit card debt or unsecured loan to a bank.

gordikin

But to the State it appears it is! You really need to get a 'handle' on what the solicitor drew up. If you don't know how can you expect the State to help? Who else do you expect to explain it?

Lexxi

dmg24 wrote: »

You could not have put that amount on the form, as that would be fraud. If you borrowed against the property that also would not be counted as part of the mortgage unless it was taken out for essential improvements to the property.

Unless you have something legal to show your relative's share in the property, your debt is no different to a credit card debt or unsecured loan to a bank.

But they wouldn't know what the mortgage is. I had to apply a few years ago, I got a job before any decision was made, so I didn't attend the interviews or fill in any of the forms they sent and they still paid me benefits for the days they had decided I was entitled to and the mortgage hasn't come down by that much since then.
Thanks for your help, I just can't belive we have a system that will pay people to stay at home yet can't help people out when they need it.

I've made enquiries to put my furniture in storage and will serve notice in the mean time, at least then we will have somewhere to live if we need it

Oldernotwiser

Lexxi wrote: »

But they wouldn't know what the mortgage is. I had to apply a few years ago, I got a job before any decision was made, so I didn't attend the interviews or fill in any of the forms they sent and they still paid me benefits for the days they had decided I was entitled to and the mortgage hasn't come down by that much since then.

Perhaps you were claiming contributions based benefits that time?

qwertyuiop12345

Blackpool_Saver wrote: »

you have no option but to serve notice on the tenants

You have no choice but to do this asap. If you are on good terms with your tenants and you explain the situation to them you may find they agree to move out before the end of the notice period, if they are able to find somewhere else to rent instead.

You need to be living in the home you own as your primary residence, otherwise the situation will remain very complicated.

The other thing you must do straight away is to look into the legal documents with regard to the loan. You may need to seek the advice of a solicitor (the one who drew up these documents should be willing to explain them to you without charge).

Lexxi

Oldernotwiser wrote: »

Perhaps you were claiming contributions based benefits that time?

I don't know the difference, sorry.

I am on good terms with the tenants but they have just had a baby, I'd have sleepless nights if I served notice on them and to be fair I wouldn't expect them to be out within the 8 weeks. I'm back in work at the moment but it is a temporary contract, I'm waiting to hear back about putting my things in storage.
I will have to pay the council tax for the property I am renting and also where we are at the moment, I also owe council tax to another authority and they wouldn't make an agreement with me until they knew what I had coming in. It all feels a bit of a mess.

I'll look into what the documents are, thanks

MissMoneypenny

Lexxi wrote: »

The rent that my house generates all goes on the mortgage, I have about £2 a month from it.

Is that £2 after tax, or before?

Lexxi

I'm not sure what difference that would make to HB if they have already decided I'm not entitled

KimYeovil

Lexxi wrote: »

I could understand them expecting me to sell or live off the income from rent if there was no mortgage but I don't gain anything from having the house and probably wont for about 15 years.

Read that again and see if you could type it again with a straight face.

I got ill and had to move in with my parents

So why can't you bunk with them again for a few weeks? My family used to have to do that sort of palaver often when between homes.