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Eviction letter - very long post!

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  • Hi

    Its not our choice unfortunately. Its not our mortgage either. We cannot afford a mortgage. If we rented privately elsewhwere it would cost as much for a tiny bedsit in our area and were in a 2 bedroom bungalow for the same price. Plus we have pets and planning for the future (dare I mention it) are just starting the adoption process as we want a child (cant have one naturaly for fertility reasons should you feel inclined to comment) :rolleyes: .

    As for our self employment, which by the way we work very hard at its not that we have no income and not even that its failing, just the fact that its irregular, but weve learnt to live with the especially during winter fluctuations for 5 years now!

    As it is we seek pt employment during our toughest months (winter) to subsidise our income.

    We did specify on the councils application form we were prepared to give up this property if we were found a council house. Again I doubt we will ever get the chance in the near future.

    The location of our bungalow was chosen by inlaws due to the fact father in law is permanenty disabled and needs care in the day whilst mum in law out at work. Being within walking distance means we are also 'on call' 24/7 should we be needed. Unfortunately we are the only family in the area so are relied upon!

    Thanks for pointing out the perhaps obvious and its not that I want 'hand outs' from the benefits for an easy life, just a bit of assistance. I dont expect them to pay the full £800 but any help with benefits is a help hopefully short term!

    Thanks

    :o

    Heddwen
  • Just an update as I rang the council up today to tell them there is no way we could manage to get such information to them by 3rd October as they demanded in their last letter (less than a week now). I was told to complete the self employed business income forms and get those in so when I replied I had done 2 sets aready and nothing had changed much I was put on hold.

    Firstly I was informed my claim was closed then I was put on hold again.

    They came back with the previous form I recently sent them at beginning of September and they told me because I had put a regular income of £300 pointing out this was from 'regular customers having their cars cleaned each month' it was not a stable figure! I told her thats the usual amount we rely on each month, we can get about £400 a month from one offs but now that winter is approaching 2 of the'regulars' have already stopped using us (happens every year we lose a valuable handful who never return theyre summer car cleaneners only). They just told me it wasnt acceptable and they needed a firmer figure for the past 13 weeks, which it was anyway!

    I was then abruptly told if they had not received all info requested by 3rd October my claim would be closed and cancelled! I could call them again and start a fresh claim on 4th October, application procedures have changed and I can apply over the telephone without having to submit any forms. Someone will then come out and look at any documents required. They cannot start paying any benefits granted until the date of following Monday (usual policy I know). So again I told her we were unable to meet the 3rd October deadline and requested it be cancelled today so I could call up and start again tomorrow, thus giving our claim a start date of next Monday and not wasting yet another week (today is Thursday 28/09/06).

    I was told no they wouldnt! So I calmly and politely started to explain how all our savings have been eaten away as they have dragged it on so long, reminding them it started on 16th June 06, and was rudely interupted and abruptly told they couldnt help anymore and to phone and re apply on 4th if I cant comply, then they hung up on me!!

    Is there some way I could get compensation, even an appology, back for the way it has taken so long and how I have been treated?

    Would I be best to let it expire and close and reapply again on 4th Oct as told?
  • Voyager2002
    Voyager2002 Posts: 16,301 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    What an awful story!

    No, don't let the claim lapse. It seems pretty clear that you qualified for benefit for the whole period since you claimed back in June. That is money to which you are entitled, but if the claim lapses then you will have lost it all.

    I think you need expert help: Shelter are the people most likely to know all the rules around Housing Benefit. As mentioned above, ask a councillor to take up your case. And you may well have grounds for making a complaint to the local government ombudsman.
  • csarina
    csarina Posts: 2,557 Forumite
    go to your MP and tell them whats going on. Years ago I had a problem with council tax, the only way I got it resolved was to get our MP involved.

    I think also they need a letter from your MIL stating that although you are renting from her she is charging you the going rent and you are not getting any benefit in kind from being her tenants.
    Was 13st 8 lbs,Now 12st 11 Lost 10 1/4lbs since I started on my diet.
  • Am I right in thinking they keep closing the application so they don't have to backdate your money?

    [Edit: thanks Voyager2002, I thought so]

    Whatever the merits of your claim, the way they're treating you sounds totally iniquitous. Could be worth your while to bend your local councillor's ear, it's their job to make sure you receive the council services you're entitled to. Quote him or her chapter and verse, claims, dates, how you've been fobbed off, time you've spent chasing round for all this paperwork. Hopefully they can lean on someone to get your file to the top of the pile, before you lose more money you might be entitled to.
    :T:j :TMFiT-T2 No.120|Challenge started 12.12.09|MFD 12.12.12 :j:T:j
  • Hi

    The case lapsed unfortunately and things have become worse still since so I have been unable to make a new claim.

    The circumastances are not able to be discussed as relate to Mother in law however we are having to look for alternative accommodation anyway probably end up in emergency housing and then a council house one day.

    Thanks

    Heddwen
    :mad:
  • real1314
    real1314 Posts: 4,432 Forumite
    ...go to CAB, they will be able to help, or your local councillor or your MP.

    The repeated closure of claims can be appealed against (this should have been stated in the letters you should have received informing you of the closure) - have you done this?

    Assuming you have a record of your correspondance / calls to the council and their repsonses (a phone bill would provide a record), you may be able to show that your claim has never lasped, as each time the council ask for more info they HAVE to give you another 28 days to comply, they cannot just set a 7 day limit.

    Like I say, CAB/MP/Coucillor - and get an appeal in.

    Which council is it anyway?
  • We cannot afford a mortgage...Plus we have pets and planning for the future (dare I mention it) are just starting the adoption process as we want a child

    Doesn't sound like you can afford them.
  • Doesn't sound like you can afford them.


    With fear I have taken the bait
    Without steryotyping anyone there are much younger parents who have a roof over their heads, dont care to work ever in their lives and everything paid for them, at least I am trying!

    To be a poor family doeant make us bad parents!

    I decline to comment on this one any more as it has hurt my already depressed feelings and I dont see its relevance.

    :eek:
  • noyk
    noyk Posts: 253 Forumite
    Dont worry about it. There is much confusion here and many different points of view, which are often equally valid, depending on who says it!

    I hope you have more luck contacting your councillor etc and are able to sort out the claim.
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