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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good day to youI have a complaint against my Local Council.

Resolved Question:

Good day to you
I have a complaint against my Local Council.
I believe they owe me money because of their incompetence.
I am badly disabled by MS and was told by the Council that I needed 24 hours a day care. For years I complained that I was having to rely on friends, family and my credit card to pay my way.
Finally a young lady from the Council came to see me and she discovered that I was in fact being underpaid and over ten years the amount they owed me run into tens of thousands of pounds.
On asking for some reconpense I was told that I would need to prove that I had borrowed to survive.
What can I do.
Paul ******
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this. Were you receiving benefits?
Customer: replied 1 year ago.
Yes l receive an allowance from the Council to pay for my care service as well as disability allowance and income support
Expert:  Jo C. replied 1 year ago.
OK. So surely you will receive appropriate benefits now?
Customer: replied 1 year ago.
There must be some mistake I have not received an answer of any relevance. Would my barrister Jo please have another look at my original question in which I ask "what can I do" meaning can I claim for the allowance they have under paid me?
Expert:  Jo C. replied 1 year ago.
I need the information I asked for?
Customer: replied 1 year ago.
Hello Jo
We seem to be getting our wires crossed.
As far as I know I have answered all of your questions.
I have only had from your good self an answer which seems to be of no relevance.
Something has been lost somewhere either in our exchanges or in interpretation.
Would you please read my original note and/or send me a summary of this case as you see it.
RegardsPaul
Expert:  Jo C. replied 1 year ago.
OK.
What I need to know is whether you are receiving appropriate benefits now?
Customer: replied 1 year ago.
Dear JoI am still not getting any answer only a note to tell me you need more information.
I repeat that I have given required information when I am asked for it.
There is a breakdown in our communication and either I am stupid or your website is not working as it should.
After being prompted to follow a link which would take me to your answer in my questions I did as asked and still found no answer.
I was asked to change my browser to google this action confirms to me that there is some difficulty online and would ask you to rectify or inform me as to how I can obtain a refund.Paul1. That I am stupid
2. The link you supplied to my answer is not working, it took me to my question page and from there I could go no further, which has always been the problem.
3. Your website is not functioning as it should.Paul
Expert:  Jo C. replied 1 year ago.
You will need to email customer services about this on***@******.***
Customer: replied 1 year ago.
There has been a misunderstanding on my part in answer to your question yes I am receiving appropriate benefits now and have done for almost two years. The payments went up over £200.00 per month when they realized their mistake. I had been underpaid for nearly 10 years.RegardsPaul
Customer: replied 1 year ago.
Dear Jo
I sent you a message earlier at 3.50 in which I said that the payments went up by over £200 a month. That should read payments went up by nearly £1000 a month. They then started to pay the new amount but refused any back payment.Paul
Customer: replied 1 year ago.
Dear Jo
All of my previous misunderstanding are now all cleared up. I apologize and would be grateful for your response. Thank you
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
How much do they owe you please?
Alex
Customer: replied 1 year ago.
I estimate that I have been underpaid £120,000
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Dear Alex
I have copied to you my original complaint to Jo your predecessor.Good day to you
I have a complaint against my Local Council.
I believe they owe me money because of their incompetence.
I am badly disabled by MS and was told by the Council that I needed 24 hours a day care. For years I complained that I was having to rely on friends, family and my credit card to pay my way.
Finally a young lady from the Council came to see me and she discovered that I was in fact being underpaid and I estimate that over ten years the amount they owed me ran into tens of thousands of pounds.On asking for some recompense I was told that I would need to prove that I had borrowed to survive.
Can I still claim for back payment
Paul ******
Expert:  Ash replied 1 year ago.
You can still seek to claim, yes. You would need to show you have borrowed to survive.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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