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Compensation from Council - Is this Reasonable?
Elle00
Posts: 775 Forumite
In November last year after I'd returned to work part-time a month previously the council insisted I sent in pretty much my entire identity for a whole new Housing Benefit claim. I sent these items in via recorded delivery but later found out in late January (after a hundred and one phone calls) that they had sent all of my items via second class standard delivery to a hostel that I lived at for a few weeks many, many months previously and were never seen again.
These documents included my original Birth Certificate, my Son's Original Birth Certificate, my (then) current Passport, my National Insurance Card, my Decree Nisi (as proof for divorce matters), 3m bank statements and my Change of Name Deed from when I was younger to show the trail from my Birth Cert to Married name.
Basically, these documents combined told someone out there who I was, how old, what I looked liked (passport), that I lived alone with a toddler, where I lived, that I was due to receive several thousand pounds (decree nisi) and gave details of my bank account and NI number. Someone could EASILY have set me up for a robbery or used my passport to travel, my NI number and documents to work illegally, set up a trust fund in my son's name for tax evasion and so and so forth. There are just so many things that could (still can) be done with this large variety of original documents and information.
When I first found out at the end of January I did of course make a police report (it constitutes theft of post though isn't investigated of course). I then set about replacing my documents having been told that the cost would be reimbursed (have this bit in writing at least). A month on I had hardly been sleeping because I was terrified someone would try to break into my home thinking I would have valuable stuff after receiving the divorce settlement (due late Dec). I was also constantly checking my bank account online to see if any monies were incorrect (still do) and wound up developing a nervous tic/muscular spasms up one side of my body through worry and sleep deprivation. So late Feb I burst into tears at work one day and said I can't do this anymore and resigned.
My GP signed me off sick because she felt I'd had far too much to deal with and I was off for 16wks between March and June.
I now want to claim compensation for the distress the council caused me having finally received my son's certificate (couldn't order until 18m after birth was registered). I know some people might put up with this and just accept it as yet another benefits f*** up but I can't do that on this occasion and cannot believe they are STILL sending highly sensitive documents via second class mail rather than at least using recorded delivery if not special as recommended by Royal Mail.
I would like to ask for the cost of the documents, £250 for the 5wk onset of my breakdown and £320 for the 16wks I have been unable to work. The £320 I have taken from calculating that in continuing to work part-time I would have been £640 better off than I have been on Income Support so this is 50% of that figure.
Is £570 a fair figure to ask for?
Is it likely they would counter offer or simply deny outright and leave me to take it to the ombudsman?
I really don't feel I can walk away with nothing for what they put me through but would like to know what a realistic amount to ask for is.
These documents included my original Birth Certificate, my Son's Original Birth Certificate, my (then) current Passport, my National Insurance Card, my Decree Nisi (as proof for divorce matters), 3m bank statements and my Change of Name Deed from when I was younger to show the trail from my Birth Cert to Married name.
Basically, these documents combined told someone out there who I was, how old, what I looked liked (passport), that I lived alone with a toddler, where I lived, that I was due to receive several thousand pounds (decree nisi) and gave details of my bank account and NI number. Someone could EASILY have set me up for a robbery or used my passport to travel, my NI number and documents to work illegally, set up a trust fund in my son's name for tax evasion and so and so forth. There are just so many things that could (still can) be done with this large variety of original documents and information.
When I first found out at the end of January I did of course make a police report (it constitutes theft of post though isn't investigated of course). I then set about replacing my documents having been told that the cost would be reimbursed (have this bit in writing at least). A month on I had hardly been sleeping because I was terrified someone would try to break into my home thinking I would have valuable stuff after receiving the divorce settlement (due late Dec). I was also constantly checking my bank account online to see if any monies were incorrect (still do) and wound up developing a nervous tic/muscular spasms up one side of my body through worry and sleep deprivation. So late Feb I burst into tears at work one day and said I can't do this anymore and resigned.
My GP signed me off sick because she felt I'd had far too much to deal with and I was off for 16wks between March and June.
I now want to claim compensation for the distress the council caused me having finally received my son's certificate (couldn't order until 18m after birth was registered). I know some people might put up with this and just accept it as yet another benefits f*** up but I can't do that on this occasion and cannot believe they are STILL sending highly sensitive documents via second class mail rather than at least using recorded delivery if not special as recommended by Royal Mail.
I would like to ask for the cost of the documents, £250 for the 5wk onset of my breakdown and £320 for the 16wks I have been unable to work. The £320 I have taken from calculating that in continuing to work part-time I would have been £640 better off than I have been on Income Support so this is 50% of that figure.
Is £570 a fair figure to ask for?
Is it likely they would counter offer or simply deny outright and leave me to take it to the ombudsman?
I really don't feel I can walk away with nothing for what they put me through but would like to know what a realistic amount to ask for is.
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Comments
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i'm sorry i cant offer any advice but reading your post has also angered me in thinking yeah you're right another council !!!! up.... how the hell can they get away with it :mad: you are obviously gonna need some help and advice .
all these documents should have been hand delivered to you by courier (my opinion) i feel so angry for you and with you:mad: :mad: :mad:
good luck0 -
A few years back they lost my Passport and Birth Certificate. No nice letter of compensation either.0
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TheWaltons wrote: »A few years back they lost my Passport and Birth Certificate. No nice letter of compensation either.
I didn't get a nice letter of compensation though? I asked for them to confirm in writing that they would cover the cost for replacements.
The compensation is something I personally wish to pursue. I have not said they will agree to it.0 -
I didn't get a nice letter of compensation though? I asked for them to confirm in writing that they would cover the cost for replacements.
The compensation is something I personally wish to pursue. I have not said they will agree to it.
Well compensation would be them covering the cost of the missing items... which I didn't get! I had to pay for them.. I didn't even get an apology :mad:
Wasn't too bad... as on the money I was receiving from the DSS... I couldn't afford to go anywhere that warranted using my Passport
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TheWaltons wrote: »Well compensation would be them covering the cost of the missing items... which I didn't get! I had to pay for them.. I didn't even get an apology :mad:
Wasn't too bad... as on the money I was receiving from the DSS... I couldn't afford to go anywhere that warranted using my Passport
Not compensation no, a reimbursement to cover document replacements - two different things. I have been assured of the latter but want the first as well for the additional damages this incident caused.
For you to not get a reimbursement you mustn't have been able to prove they lost them or had an admission? And if you did have an admission or proof you should have used it! It wasn't a case of one simple phone call you know; as I said before it took me many phone calls to get an admission in the first instance and I kept on until I got it confirmed in writing.
I have never sought compensation over anything before but I feel this case is exceptionally bad and warrants it.
Had it of been my Birth Cert and Passport alone yes I would have been very annoyed and charged them for the replacements but I would not have experienced the distress I did and therefore not sought compensation.
There was so much more included here and in particular the fact that my identity and personal circumstances were disclosed alongside a document stating I was due several thousand pounds is what left me wide open to undesirables tracking me down in person on top of identity theft. It's unlikely people could do much with just a Birth Cert and Passport though still possible. With Birth Cert, Passport, NI Card, Bank Statements, Legal Documents and Change of Name Deed there are many more possibilities which is why I was in such a state of panic.0 -
See a solicitor then, if they have admitted liabilty - which is why, I presume, they reimbursed you.
They've given someone a whole new identity - yours.0 -
TheWaltons wrote: »See a solicitor then, if they have admitted liabilty - which is why, I presume, they reimbursed you.
They've given someone a whole new identity - yours.
Argh! Okay, I do appreciate you are trying to help, honestly. And I note you are always really helpful and friendly so please don't think I'm having a go here but this is not answering the question! I am aware of how to handle the situation, I just wanted to know if people felt this was a fair figure to ask for considering the circumstances.
Before considering legal action I need to firstly submit a request for reimbursement having produced reciepts (which I said has not happened yet due to the delay in getting my son's BC) along with my request for compensation.
On my Dad's advice I am naming a figure and stating why I am asking for that figure (he used to work in housing for a council so was able to advise on a course of action).
If/When my claim is denied I then have to take it to the council Ombudsman.
If the council Ombudsman does not grant compensation then I have followed the correct complaints proceedures and could then involve a solicitor to launch legal proceedings.
Oh never mind. I'll go with the figure I've come to and see what happens. Thanks anyway.0 -
Ok so not the same area but i'm sure a guy took his bank to court for something similar and was settled out of court by the bank for £5000. I really think the figure you have in mind is way under, definitely see a lawyer for advice on this. If the claimant was told they would be compensated to a certain figure as being their right they wouldn't make 2% of the stuff ups they do. Hike your compensation up and good luck with it.0
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I don't normally hold with compensation claims - but in this case I would certainly be demanding some form of compensation. The stress and inconvenience caused to you must be huge. Personally, I would set the bar much higher than the figure you have quoted. Your figures allow nothing for stress, inconveience etc. Go much, much higher. Good luck!0
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Argh! Okay, I do appreciate you are trying to help, honestly. And I note you are always really helpful and friendly so please don't think I'm having a go here but this is not answering the question! I am aware of how to handle the situation, I just wanted to know if people felt this was a fair figure to ask for considering the circumstances.
Having read the full post... admittedly I did only read the top paragraph... I would be worried sick too, as you say, they have your whole identity - the address is the most worrying aspect, but they could effectively go and open up accounts in your name.. gain credit.. on mobile phones - they can get them delivered to 'alternative addresses' - in the wrong hands, you definitely have a reason to worry.
Before considering legal action I need to firstly submit a request for reimbursement having produced reciepts (which I said has not happened yet due to the delay in getting my son's BC) along with my request for compensation.
Yes, do this as soon as you can and request more in the way of compensation - you are only being compensated for losses they have caused you with that figure - NOT compensation for the stress and worry you have been caused.
On my Dad's advice I am naming a figure and stating why I am asking for that figure (he used to work in housing for a council so was able to advise on a course of action).
If/When my claim is denied I then have to take it to the council Ombudsman.
If the council Ombudsman does not grant compensation then I have followed the correct complaints proceedures and could then involve a solicitor to launch legal proceedings.
Yes and don't be fobbed off.
Oh never mind. I'll go with the figure I've come to and see what happens. Thanks anyway.
You are obviously very articulate and are going about this in the correct procedure, in the mean time, try not to worry... these documents could be sat on a shelf in a Royal Mail Depot quite harmlessly..
Good Luck Elle0
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