Father-In-Law's HA problem

LisaLou1982

djh77 wrote: »

This is kind of an issue, or at least maybe.

He was working as a self-employed courier. However, the insurance was provided by the company he worked for at a very reduced rate. He had to have his own 'personal' insurance, and the company provided insurance for business use at 40p per day, which covered him for any accident during the time he was working for them.

He has told us he had at least 3 accidents in the last few weeks of work. These have obviously been caused because the tumors were affecting him. Now, he has told us that he informed the insurance company about 2 of them. The third one he told us he just drove off due to being scared of the consequences (the guy got his reg number and telephone details anyway). However, we are not sure if he has really told the insurance company or not tbh.

We did call the council and tell them to deal directly with the insurance company (and gave the council the ins companies details etc), but we keep getting letters from the council.

He has no insurance anymore as he can't legally drive anymore anyway, and his van was scrapped by us Monday.

hi OP

Just a quick word of advice - if your FIL leaves the property - effectively abandons it - then the HA will end the tenancy.

Considering his situation with his health, i would stop responding to any letters with them and just hand the keys back.

djh77

I feels kind of wrong to just abandon it!!

We did speak today that if they refuse to end the tenancy we would just stop paying the agreed rent (the case was adjourned at court with the ability to restore if the rent isn't kept up to the agreed amount) and then they would take it back to court I guess to re-seek possession of the property.

Yorkie1

djh77 wrote: »

No we don't have power of attorney. The hospital asked that today. We just have a written and signed letter from him that has been given into the HA and the doctors.

But, yes a formal POA is something I think we are going to have to look into, not sure where we even have to start with that.

https://www.gov.uk/power-of-attorney/overview

http://www.ageuk.org.uk/money-matters/legal-issues/powers-of-attorney/

http://www.nhs.uk/CarersDirect/moneyandlegal/legal/Pages/Powerofattorney.aspx

http://www.justice.gov.uk/about/opg

Lots of useful info on these sites, to help you get started.

Shelldean

slightly different scenario but when nan died we had a bit of job with the council who she rented from.

Nan died on the Sat of a Bank holiday, we notified the council on the Tues and they expected the keys back there and then!!! So I think sometimes they 'push' their luck.
We negotiated 3 weeks to clear the property, which we basically managed apart from a few heavy bits we couldn't move due to not driving. Sofa wardrobe and a brand new cooker.
Council tried to bill us almost £1500 to clear the property.
Even sent me a threatening letter, I simply called and said there was NO estate, they requested this in writing. I supplied this and left me alone.

The debt is not yours so they cant make you pay, however I think what they hope is while your mind is occupied by grief in my case or hospital appointments etc in your case, that we would simply pay it

djh77

Just a little update on this really.

I actually spoke to the debt collection agency for the council tax today, a company called JTR Collections. They had put a notice through my FIL's door which was titled 'Final Notice - Magistrates Liability Order'.

Anyway, I spoke to them and explained his health predicament and told them he had no assets/money. I even offered them to actually come round and remove whatever they wanted from the property (there is absolutely nothing of any value - it all needs going to the tidy tip) as it would do us a favour!

Anyway, in fairness to them, they have no interest in pursuing someone that has no means to realistically pay and is terminally ill. So she got me to write in email to them the situation and I also copied her the report from the hospital. She said that she would then forward it back to the council who would put him on a vulnerable list and he would stop being chased for the debt. Is that the end of that then, can anyone tell me?

And I know this is perhaps not the correct forum, but does anyone have any experience with Housing benefit? The FIL applied for HB about a month ago, just before he went in hospital. We got a letter from them a week ago that asked for some more information. I phoned them up to tell them the wife and I would now be dealing with it and we just didn't have some of the info they wanted, which again I just had to put in writing to them.

At the hospital they have pin-pointed his deteriorating condition back to April/May when he had a fit. It is at this point the hospital feel that he lost the ability to make clear and correct decisions (which obviously include him putting his head in the sand with regards to paying his rent). I asked for the HB to be back-dated til May to try to cover as much as possible, but they told me this is unlikely to be granted. Anyone been in a similar situation of trying to backdate HB?

Thanks for all the help

djh77

Just a little update on this really.

I actually spoke to the debt collection agency for the council tax today, a company called JTR Collections. They had put a notice through my FIL's door which was titled 'Final Notice - Magistrates Liability Order'.

Anyway, I spoke to them and explained his health predicament and told them he had no assets/money. I even offered them to actually come round and remove whatever they wanted from the property (there is absolutely nothing of any value - it all needs going to the tidy tip) as it would do us a favour!

Anyway, in fairness to them, they have no interest in pursuing someone that has no means to realistically pay and is terminally ill. So she got me to write in email to them the situation and I also copied her the report from the hospital. She said that she would then forward it back to the council who would put him on a vulnerable list and he would stop being chased for the debt. Is that the end of that then, can anyone tell me?

And I know this is perhaps not the correct forum, but does anyone have any experience with Housing benefit? The FIL applied for HB about a month ago, just before he went in hospital. We got a letter from them a week ago that asked for some more information. I phoned them up to tell them the wife and I would now be dealing with it and we just didn't have some of the info they wanted, which again I just had to put in writing to them.

At the hospital they have pin-pointed his deteriorating condition back to April/May when he had a fit. It is at this point the hospital feel that he lost the ability to make clear and correct decisions (which obviously include him putting his head in the sand with regards to paying his rent). I asked for the HB to be back-dated til May to try to cover as much as possible, but they told me this is unlikely to be granted. Anyone been in a similar situation of trying to backdate HB?

Thanks for all the help

Coopdivi

You need to speak to Citizens Advice. They will probably intercede on behalf of your father-in-law with the Council regarding back dating Housing Benefit and Council Tax.

There may well be other organisations in your area who will offer free advice but Citizens Advice will have information on them.

You should also contact Social Services for more help.

LisaLou1982

As far as i am aware, HB and CTB only can be backdated a max of 3 months. Sorry i cant help any further,

djh77

Hi all,

Sorry to re-bump a thread like this after quite a while, but need some advice if it can be given.

Unfortunately my FIL passed away on Sunday. We had already sorted out and spoken to a lot of people about his debts, and to be fair the majority of them have been very, very good about things. The one slight issue we are having is with the HA.

He owed, at the time of death, about £900 in arrears. We handed the keys back Monday with a letter informing them of the situation. I had a letter sent to me/us Tuesday demanding 4 weeks notice to quit, and that we would have to pay off the arrears, or they would bill the 'estate'.

Now, I am not trying to be horrible here, but the FIL was broke. There is no 'estate', no assets to sell, nothing. The wife and myself have got to pay for certain things (funeral etc), but we really do not have the money to pay for his rent for 4 weeks and pay off the arrears. What will they do? What do they mean by charge the estate? He had no will etc, so we don't/didn't intend to get a solicitor involved in anything - more money!! They are being complete A-holes about this.

silvercar

Sorry for your loss.

Write back to the council and tell them there is no estate and give them the date when you will have back the keys. Nothing else you or they can do. You could tell them there is a claim for housing benefit pending and leave them pursue that if they want - it is only them giving with one hand and taking with the other. Don't get stressed about this, once they realise there is no estate they will go away.

Are there grants available for funeral costs?