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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Of 5,Homewood House Lymington Hants SO41 8EZ which is a

Customer Question

I am Roger Page of 5,Homewood House Lymington Hants SO41 8EZ which is a warden controlled flat-I am retired and have has a couple of health problems hence the move last June!
Before making the decision to move from a freehold property in Great Yarmouth- I spoke at some length with New Forest district council to understand the rules in claiming benefit help with the maintenance and ground rent.
I was left to believe any claim I made would be subject to means testing.
However having decided to move to Lymington,the council advises me that benefit in not available for property leases in excess of 21 years.
If I understood this 12 months ago I would not have considered moving here!
Can I claim compensation for being given misinformation last January?
Apparently no record of the telecon call exists
Your Suncerley Roger Page
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.
The difficulty you have is this - you have no evidence to support your claim.
If you wish to bring a claim, you have to prove it. You can't just say this is what you are told - you need evidence.
But what you can do is complain to the Chief Executives Office who can investigate.
If you are not happy with that response you can complain to the Local Government Ombudsman.
They are free, independent and can investigate your complaints for free.
If they find in your favour then yes you can claim compensation.
But if they find against you, then you would not be able to claim.
They can be found at: www.lgo.org.uk
I am sorry if this is not necessarily the answer you want, but based on what you have said, this is the legal position.
Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.
Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 4 years ago.

The council is supposed to record telephone conversations and it is their responsibility to supply such records which they are not willing to do!

I wish to cancel my membership and apply for a refund! Regards ***** *****

Expert:  UK-Justice replied 4 years ago.
You can ask for the details under the Data Protection Act.
They are required to provide any data about you within 40 days.
If they refuse then you can complain to the Information Commissioner.
They can be found at: www.ico.gov.uk
They can prosecute if there has been a breach of the Data Protection Act.
But the ICO can complain any breaches of the Act.
Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.
Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.