Appeal for Council Tax Benefit - mental health issues

secondhandsusie6cats

Hi

I suffer with mental health issues and when at home, am very disorganised/head in the sand type of person.

Just over 12 months ago, I was made redundant, was evicted from my home and had to move back in with family. The council were aware of the date that I was being evicted as they had been 'trying' to help me find alternative accommodation.

I started getting letters from them at my new address saying that I owed them council tax for a period after I was no longer living there. Some of it was saying the house was 'partially furnished'.

There were items left behind which the bank who repossessed the house later got rid of.

I have tried explaining to the council that they are charging me for a period when the house no longer belonged to me but they are having none of it. Bailiffs have been involved which has resulted in extra fees being added on to the bill for them coming to my new address (not to mention the added stress).

I have appealed once and been turned down, they have said I can appeal again.

I am quite sure my Psychiatrist would give evidence if required and I work for a company who deal with adults with mental health issues.

What should I do? Does anyone have a template I can use to write my 2nd appeal or any key words I should use?

Thank you.

hallowitch

I cant give you help with your appeal but what I can tell you is that the council knowing of your mental health issues should not have involved bailiffs


all local authority's and bailiff firms have agreed to abide by the national standards for enforcement agents
http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf


Vulnerable situations

Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.

Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.

Those who might be potentially vulnerable include:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.


while you are appealing you should really pay something towards the debt put it in writing (e-mail) ask them to return the debt to local authority control under the national standards for enforcement agents venerable debtor(you may need to provide proof doctors letter ect) say that you will pay x amount per month by standing order until the debt is paid or you appeal is granted
get your MP and local councillor involved if they refuse




as for the bailiff fees have they levied goods (car or in the home) if the answer is no then your bailiff fees can be no more than £42.50

pmlindyloo

secondhandsusie6cats wrote: »

Hi

I suffer with mental health issues and when at home, am very disorganised/head in the sand type of person.

Just over 12 months ago, I was made redundant, was evicted from my home and had to move back in with family. The council were aware of the date that I was being evicted as they had been 'trying' to help me find alternative accommodation.

I started getting letters from them at my new address saying that I owed them council tax for a period after I was no longer living there. Some of it was saying the house was 'partially furnished'.

There were items left behind which the bank who repossessed the house later got rid of.

I have tried explaining to the council that they are charging me for a period when the house no longer belonged to me but they are having none of it. Bailiffs have been involved which has resulted in extra fees being added on to the bill for them coming to my new address (not to mention the added stress).

I have appealed once and been turned down, they have said I can appeal again.

I am quite sure my Psychiatrist would give evidence if required and I work for a company who deal with adults with mental health issues.

What should I do? Does anyone have a template I can use to write my 2nd appeal or any key words I should use?

Thank you.

Did you move out before the bailiffs came and repossessed your property?

Homes that have been repossessed are not liable for council tax. See here:

https://www.gov.uk/council-tax/second-homes-and-empty-properties

So what did you say in your first appeal? Did you give them evidence that your home had been repossessed or did you move out before it was repossessed?

secondhandsusie6cats

Hi I moved out just before it was repossessed but I forgot to mention that I was unemployed for a few months beforehand after being made redundant so part of my appeal for benefit was for that. Surely the Council and Job Centre/DWP can liaise with each other? I have sent them proof. They are saying because they sent me a form and I didn't send it back in time/respond to their queries in time (I had moved by then and my mail wasn't forwarded) that I am liable for it.

poorlittlefish

You say you work for a company that deals with people who have mental health issues, so maybe there's someone you could ask for advice or suggestions there?

I don't wish to be rude, but if you are able to hold down a job surely you can't be that disorganised? If you are, then maybe you need to use an organising app or website to help you keep on top of things or ask a family member to assist you. The more practice you get at organising things outside of work the less worry you'll have and you'll gain confidence, which can only improve your life further.

tinkledom

secondhandsusie6cats wrote: »

I forgot to mention that I was unemployed for a few months...... so part of my appeal for benefit was for that. Surely the Council and Job Centre/DWP can liaise with each other? I have sent them proof. They are saying because they sent me a form and I didn't send it back.

Eerrr yes, JSA/ESA has nothing to do with CTB or HB - you have to make two separate claims - DWP and the Council.
If you fail to claim that is your fault no matter what the excuse is.

Poppie68

secondhandsusie6cats wrote: »

Hi I moved out just before it was repossessed but I forgot to mention that I was unemployed for a few months beforehand after being made redundant so part of my appeal for benefit was for that. Surely the Council and Job Centre/DWP can liaise with each other? I have sent them proof. They are saying because they sent me a form and I didn't send it back in time/respond to their queries in time (I had moved by then and my mail wasn't forwarded) that I am liable for it.

You have assumed that the council and the Job Centre are in some way connected and they are not..You should of informed them both when your circumstances changed.