www.iva.co.uk

Hi all

I dont know if anyone can help with this... Its a long story so I will try and make it as brief as possible.

I had to move into council accomodation a little over 10 years ago as I split with my husband. I was given a house in my local area where I lived quite happily until my two austic boys could no longer share a bedroom.

I had a real fight with social services and made a complaint about the council which kind of went to the ombudsman, just one day after I posted the letter, they gave me this house which was adapted specially for my needs.

When I first got into debt and sought help from a professional, I was told I could claim disabilty relief on my council tax, but I had lived here a year before I knew I could claim this. They agreed to back date this for me but instead of taking the money off the bill they made it an arrears and sent in the baliffs. After a bit of a fight, it was eventually put right. They called the baliffs back but it did cause a lot of stress.

Sometime last year someone complained about the wasteland attached to my house, I was told it was nothing to do with me, so I wrote back telling them that this was not my land, etc... They kept on threatening me with action if I didnt tidy it up, but I kept on saying it was not my problem and how about they clean it up. This is the only council rented house in this close, situated between a vast cemetary and golf course, it seems it was forgotten by the council some years ago.

I managed to get someone out from the council to inspect the land and say what was what, he said it was owned by bla de bla and it was their job to maintain it. Nothing happened and again I recieved complaint letters, one after another which I did reply to. The last one I wrote was a complaint about getting harrassed, it was in my book. My gardens are beautiful and maintained, I love to garden, I even said if they would give me the wasteland, I would make it and keep it nice.. Nothing happened.

Someone responded to my complaint by phone, they phoned and said they would come out and sort it, they came out and we had a row. They have never maintained this house, there are a lot of repairs still outstanding, the reason they cant do these repairs is because its off the beaten track and they dont usually have people in this area. I wrote to the top person and make a complaint, they were talking contracts, where is their side of it?

Well I have now recieved a letter from a debt collector, I do not understand this. It says that I owe money from the previous house. I was supposed to replace the origional doors (the previous tenants put brand new wooded doors in which were panelled, they also panelled the dining room and laminated the floors. There were also two ponds in the garden. They said this has been put right at a cost to them, but they inspected the house before I moved there, I didnt do any of that work. The only thing I did do, was leave some rubbish behind, I dont mind being charged for that but the other things??? I didnt do.

I have phoned the debt collectors to say I do not owe this money, its for five hundred pounds. I feel that they are somehow just being awkward. What can I do?? I would willingly pay for anything that I am responsible for, such as the rubbish I left. I only had ten days to move, I couldnt do this on my own, I couldnt get the time off work, I did pay two lots of rent as they said I had to.

I do feel that this council are just being unfair, yes I have been the biggest pain in the nect for them, I know that but only for the sake of my children. Social services got it wrong, my complaint was upheld. They had to put things right, they didnt have to like it but is there any need for them to be so bitchy??

I have been here two years almost, I could have included this bill in my full and final, I didnt as I didnt know about it. Is there any way a person can dispute a charge, when its already gone to debt collectors?

Lily, that's awful. I can't answer your question I'm afraid, but I am sure someone on here will help you.

Thinking of you and hope you get this sorted.

Big hug coming your way.

Hi Lily
I would write and dispue the debt.Debt collectors have no power and bailiffs would only get involved once it went to court,this would be a good opportunity for you to challenge it.
Regards

Thanks, I am not really worried about it I just feel angry. Why now?? Its been two years?

I did phone the debt collectors and they really wouldnt listen, I had the usual, well you really must make a payment. (like I havent heard all that before) I am not sure if I should challenge them or the council. Also is it worth trying to contact the ombudsman again? I think I have said that I posted the letter to them but when the council gave me the house I withdrew the complaint as I didnt think long term, just very relieved to have something suitable and to keep the boys together. I think its up to three years after problems started so its still possible.

Its not that I want to cause any stress I am just fed up of the errors and the attitude. Everyone who knows me feels the way we have been treated is so unjust.

If they flipping went to court I would have a field day, I have all the evidence.

Thanks for your replies, I appreciate it.

Hi Lily, I have had similar experience as you. I would personally write to the head of your local council(as i did) and basically outline your case , do not provide the evidence you have at this stage .Put in the letter that if the matter is not resolved then you will ask for a full investigation from the Ombudsman ( I had to write to the one at York ) . The council will hate the fact that you have gone over their heads to the Ombudsman and i am sure you will see an end to your problems with your council once they receive your complaints letter. I suffered severe anti social behaveiour for two and half years which resulted in my hubby and me on anti depressants and my children having counseling. I complied with their rules for complaining ,involved police and other authorities but they did nothing about it.After two years of fighting and a threatening letter about ombudsman it worked and we were moved .

Thanks for your reply.

I had a problem with social services, I needed to move as the boys couldnt share a room, one child was disturbing the other as he had epilepsy and sometimes violence can prequel an episode. Social services, instead of listening to the problem that i had actually coped with for a year, decided that the one should be removed as a danger to the other. I fought it tooth and nail, they had no evidence, not one little shred. I didnt get the extra room that I needed, I pleaded with the council but they said they had it from social services that an extra room wouldnt help only the removal of the problem, my son. So I complained, the social worker had been qualified six weeks, I followed the proceedure, went to the panel meeting and eventually posted a letter to the ombudsman. They moved me as soon as the letter hit the bottom of the post box. I was happy with that but they seem to have 'black-listed; me as a complainer, believe me I am not, I have enough to cope with I dont need the stress. I cant believe the errors they have made and the stress they have caused. This latest thing would be funny if it wasnt so serious. Why wait two years to decide I owe them money? I cant make any headway with the debt collectors, they dont want to know, they are rude and nasty, they just want me to pay. I did think, maybe I should just pay it just to get rid of it all, but why should I?? I dont owe it.

I want to sort it out, but not like the stressful fight I had with them before, they should be brought to book, I feel. Whatever they think of me as a person or a pain, I had a right to complain and it was upheld, I shouldnt have had to go through all that in the first place. They have no idea how hard its been to cope, I have never asked for anything before.

I will try to speak with someone from the council tomorrow, ask for their ombudsman and just write it all out. I am not going to threaten them, I just want to do it, Enough is enough.

I hope youre happier now, thanks again for your reply.

Thanks Lily , Yes i am happier now and so is my family. Two days after writing my compliant we were moved ,they only gave us two days in which to do it but we were . We live on a beautiful estate now ,only two council tenants on our close of 10.My children have moved schools and they now have a better life here away from the people who made our life hell.They are still having counselling but its helping.Dont give up the fight ,dont let it get you down ,i hope you get justice . Rachelx

Lily, I can't offer any advice, I just wanted to let you know that I'm thinking of you. It all sounds awful and I hope you get it sorted real soon. Viki X

Hi Lily
Does your local councillor have one of those clinics that you can go to when you have probs with the council. I had trouble years ago over rent rebate and it went on for months and when I wrote to the councillor it was sorted within a week.
Debt collectors dont want to listen, my daughter had a prob over the gas bill from the last property she rented and they wouldnt even listen to the fact that she had already paid it. They seem to make it up as they go along.

Hope you can get something sorted mate.

Ang xx

lily thats awful.. as if you haven't got enough on your plate. take it to the top.. have you spoke to CAB or anyone with legal knowledge.. surely all these should have been noted on some kind of itinerary when you moved into the first property.. Grrr some people

Lily
I am truly sorry to hear about your battle with the debt collectors and the Council. In order to get to the ombudsman you must have already exhausted the Council's own complaints procedure - Also if you go to the ombudsman you cannot file a legal complaint against the council if it should come to that. I suggest that you contact your local councillor and get them on board - Have they sent you notice of the recharge work prior to this? If not ask them for copies of their correspondance - At the same time start stage one of your complaint if you look on your councils web site there should be a copy of their complaint procedure there. Also pop in and see one of those half hour for free advice solicitors and ask them to act for you - If you feel that you are being discrimanted against because of your previous complaint ask the Solicitor if you have grounds for this legal route also.
Let us know how you get on and good luck.
Rainbow

Hi

Yes it is the first I heard of it all. I rang the council this morning and they said they had made an error, yes another one. Well they had sent out letters but to my old address, someone had got the address wrong on the computer and put the 'void' address down (dont know what that means) instead of the new address. They said they are sorry and since I had not been given a chance to query the debt, they will look at it. All I have to do is out it into writing.

Rainbow, thanks for your reply.

Fristly I did exhaust the council's complaint proceedure, I made a complaint after the child protection case (which collapsed). Then I had someone come out and plead with me to talk with the social worker responsible. I refused, then I had an independant person, well two one for me and one for the children. They did a full investigation and sent a huge report, highlighting the points I had made and upholding each one. Then, still not satisfied and still sleeping on the sofa, there was a panel meeting with loads of councillers, they tore social services to threads here. They were told to address the problem, right there and then. So I had another worker come out and someone from disability services to do an assessment which read, must be rehoused immeadiately. Nothing happened so I went to the ombudsman. As soon as I had posted the letter, I got this house. Told to move in 10 days, it was not fit to move into but they had adpated it to meet the childrens needs.

I have sometimes thought, why did I withdraw the complaint as I was forced into a very difficult situation, they gave me the house two days before christmas. I had a representative from the charity DIAL, Disablitly something or other, she came with me to the panel meeting. Anyway she has mentioned that I should have taken it further, she knows I got into debt and tried to help but since I was working, I didnt qualify.

I would just like to get on with my life now, I dont need the stress about wasteland etc. I know for a fact that the new tennants in that house filled those two ponds in themselves, my daughter goes to school with their daughter. So the council didnt do it, yet they are trying to charge me for the work. I couldnt do it in the middle of winter and I couldnt have just killed all the fish, now could I?

When the complaint came back there were recommendations made that a more senior worker must be involved and must throughly have grounds for initiating a child protection case. So at least no one else with disabled kids will go through what we did. Furthermore my daughter starved herself, she was so worried about losing her brother. She had to have counselling and I still worry about her weight, or the lack of it. So its not just me that they put through this.

Lily - you could always involve your local MP if you don't get anywhere with the Council?

I know, most of the councillors were present at the panel meeting, the chairperson was from another area to make the meeting inpartial. I know I had all of them onside, very sympathetic. Its just that I found it all so stressful fighting and I dont want to fight anymore. If I had someone to share this with it would be OK but I dont, on my jack jones, I know it would be stressful to persue it all. I have two full boxes of the stuff and letters relating to the case and the complaint, it would take an age to explain it all. Yesterday I was all fired up and wanted to fight but today I think life is hard enough and do I actually want to rake it all up again, spend hours writing letters? The council wouldnt really treat me any better, in fact they would probably treat me much worse. Do I really need that aggravation from them? No.

But thanks very much for the advice and support.

lily, just want you to know i am thinking of you!

you are such a inspiration on this forum!

you really have been through such a lot and i hope you get this sorted really soon!

love barb x