Bankruptcy Income Payment Order and loss of Housing Benefit

Chazpots

Back to square one! The coucil have revised their original decision after I provided further info in my appeal letter (2 months ago). They have reduced the O/P amount by £200. As this is treated as a 'reconsideration', I now have to appeal the latest decision as I still owe £1300!!!

For the past 2 months I thought my appeal was pending..when actually they have done sweet FA. Got a pathetic apology for the delay. I have today had to amend the date on my appeal letter and resubmit. Why didn't they do this 2 months ago!

Things are unlikely to happen any quicker even now...the benefits manager returned from sick leave and promptly gone on annual leave. The other person in the office that can deal with this is also on leave. Are they having a laugh?

Pretty fed up now..tired of letters, phonecalls and the stress.

Chazpots

Finally got an appeal date through...9 July!!!

Can't wait!

betterlatethannever

Best of luck.

This is really dragging on way too long. Must be soo frustrating for you.

Please keep us posted how it goes.

Chazpots

Just to give an update of the latest. Following another request for help (begging letter I'm afraid) my MP has finally taken my case on. He's written to the CEO of the Council and also the Secretary of State for Work and Pensions - so thats better news!! He hasn't come outright and supported me but at least he's doing something now.

I've also had a second letter from the DWP Ministerial Correspondence Unit. They really are a joke. I laid out some clear points that I wanted to address, Even quoted an extract from FUWC's successful appeal. They completely ignored these and just quoted - almost word for word - extract from the Insolvency Service guidance about NT codes. What an insult to my intelligence. MY GOD! I think I know that guidance pretty well already. Think it just goes to show that they have no foundation for their own rules so think they can fob me off. Well they've picked the wrong person!!! Replied to them today and also copied in the Secretary of State.

Got lots of ideas now on how who to contact in the press - thanks to another thread.

Whe will this ever END???

Chazpots

Just had a call from the OR. Their technical dept has decided that in these exceptional cicumstances they will pay the debt. Bascially they have just sent a cheque to the council for the full amount we 'owe' them. In the words of the OR this is a "one off" because of the ridiculous situation.

I know this should be good news but I'm gutted. Been waiting for my appeal for months and was actually looking foward to the tribunal next week... I've worked by backside off trying to get this sorted. Just trying to figure out if I can still go ahead with the appeal but can't help thinking I haven't got a leg to stand on.

But this doesn't change the fact that this can happen to others. I dont know what to do next?!?!?

tigerfeet2006

Sorry Chaz but don't know if you can really do anything now except to make a complaint to any relevant bodies on how you have been treated

All the best.

skylight

I understand how you feel. Its over, but a bit of an empty win.

Is there anyone you can complain to? Local government ombudsman?

wherediditallgo

Chazpots wrote: »

Just had a call from the OR. Their technical dept has decided that in these exceptional cicumstances they will pay the debt. Bascially they have just sent a cheque to the council for the full amount we 'owe' them. In the words of the OR this is a "one off" because of the ridiculous situation.

I know this should be good news but I'm gutted. Been waiting for my appeal for months and was actually looking foward to the tribunal next week... I've worked by backside off trying to get this sorted. Just trying to figure out if I can still go ahead with the appeal but can't help thinking I haven't got a leg to stand on.

But this doesn't change the fact that this can happen to others. I dont know what to do next?!?!?

It's great news that the OR has paid up, & I can understand your frustration at now being denied your 'day in court' so to speak. I absolutely agree that you should lodge a complaint somewhere, & the Local Ombudsman seems like a good place to start. If you ring up first, they'll be able to tell you whether your complaint would come under their remit, given that the case has now in effect been resolved.

As for whether you can still go ahead with your appeal, I don't think you can, because the appeal is based on you contesting a situation which will no longer exist once the payment has been received. What you could do is challenge the fact that such a situation can be created & push for that to be investigated. I would give this very serious thought before going down that road, because at best the council will pay lip service to it, maybe meet with you once & then deal with it only through correspondence from that point on. At worst, you could find yourself being pushed from pillar to post, fobbed off because they know they have no personal circumstance to deal with.

Your appeal, if won, could have resulted in rules being changed/clarified which would have been a great achievement on your part. However, the council answered your questions because they had a legal obligation to do so, just as the OR had to deal with certain situations on your behalf. If you are challenging a situation not through an appeal but because you feel it to be grossly unfair (which it is), I think you'll find certain avenues of assistance closed to you unless you're prepared to risk your personal business becoming known to all & sundry. It's not something I'd risk when I had nothing personal to gain from it, so I'd lodge a complaint with the L.O. or whoever else can record it, but then let it drop. It's sad to say, but this may well happen to someone else who'll have to fight the battle all over again, but I think this is one time you should be selfish & get on with the next step in sorting out your own circumstances. Well done on getting this far though - if you hadn't been so determined, that money wouldn't have been paid.

fedupwiththecouncil

Hi Chazpots, I can't help feeling that you're going to have to let it go now, you've had enough on your plate with all that's been going on.

I know that it must feel that you still have to prove that the Council/Government are wrong but it's time to move on, trust me, i'm still waiting for my council to send a corrected invoice (now 3 months)!!

I'm truly glad that something has been sorted out and that it's a weight off your mind..

Totallyfedup

I’ve just read through the whole of your thread and can’t believe what you’ve had to go through! It sounds to me like it’s been a cop out by Government and Local Authority departments who don’t know their right hand from their left! And although the so called “debt” has been paid off by the OR’s office, I can understand your frustration.

Also, you are to be commended for worrying about this kind of situation happening to others, however, I think you’ve done all you can.