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Cautioned by Council

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smptrds | 21:51 Wed 07th Jun 2006 | Business & Finance
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I have been receiving Council Tax Rebate since 2002. Recently, I was cautioned for not informing them, WITHIN ONE MONTH, income we received in 2004 and I had to repay over two hundred pounds back.


As I am disabled and have been taking strong pain and depressant tablets as well as suffering from C.F.S./M.E. since 2000, I had forgot that I wrote to them about our increase WITHIN the month of receiving it. I have the letter stamped by the council by 4 different departments that proves this and it has been in their files all the time.


The Council state that my capital has never altered since September 2003, which is impossible. They have been ignoring my letters, emails and when I phone, I am told that they are not to communicate with me.


As I have been declaring increases in my income twice a year since Sept. '03, I think they have lost my documents.


I am trying to get my 'Caution', which is held over me at the Council and the D.W.P. for five years, removed and a written apology from the Council. They haven't got the decency to call me in and talk about this declared income. The Ombudsman is now involved with my case.


Any further advice such as Libel etc.


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Make arrangements to see your local councillor and if possible the Leader of the councillors, ie the one in charge, try to see them together along with your evidence, explain when you contact them that you have gone to the ombusman as you may have to wait for that decision first, although if the council can avoid a maladministration decision the councillors may see you now.


Contact the Citizens advice bureau ask them to go through your documentation to see if their is anything more you could have done.


If you are not to communicate with the council how are you to inform them of any future changes unless they only mean by phane.


A Formal Caution is administered when the overpayment is under �2000 and the offence has been admitted whilst interviewed under caution. I assume therefore you were interviewed under caution and admitted the offence. I am no libel expert but I would say they acted in good faith based upon the information known at the time and an admission of guilt, so there is no libel. If you think the decision is wrong you should appeal against it.
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Sanbach 99
Neither my local councilor nor the leader of the council replied to my letters. The C.A.B. phoned them on my behalf and they were told that I should phone there office. When I returned home and phoned them, they said that they were not to communicate with me. We now send monthly reports of our capital in fear of making errors, they send me a receipt. Even though our capital has altered several times since last year, no alterations have been made to our rebate?
Question Author
THECORBYLOON
You are perfectly right in your reply, but may I add that the Council Fraud Officer was fully aware about my medical condition and that I have been taking large doses of pain killers and depression tablets for my disabilities for over six years. My wife was allowed in the room with me because of my condition, but she was told not to speak nor support me at any time. Although I had my paperwork, I was too traumatized to answer any of their questions and agreed to accept the offence on the assumption that they must be right. I was unable to fight this because of my health. The Council have now sent me a copy of a letter I sent informing them (within a calendar month) of an increase in our capital. This letter had been in their files since 2004. They still haven't communicated with me with regards to reversing the caution.
I have now proved that the overpayment was the Councils mistake and not mine. The Fraud Officer had no right to question me in the first instance and put my wife and I through this ordeal. My psychiatrist in Liverpool stated that this had set me back 12 months of his valuable time.
The Ombudsman has received my reply to the Council statements on this matter and they are to question them again.

Have you been abusive to one or more council official, is that the reason they won't comunicate with you and are stopping anyone else doing so, to be honest I don't blame you if you have. I am fed up with the people who take on these type of jobs and then get upset if their actions cause someone to swear at them, they should think about frustration they cause before they demand that no-one communicate with you.


Unless you have been abusive to them I fail to see why the Councillors can not see you or why they wouldn't talk to the CAB.
I would write to your councillor and the leader of the councillors, posted by recorded delivery, asking for a full explanation of their refusal to communicate with you and the reason you are still being told you are overpaid when you have a copy of the letter you sent showing your change in circumstances, and send a photocopy of the letter with your letter. Give them 14 or 21 days to reply. I am wondering if they fail to or give an inadequate reply they could be referred to the Standards Council, who oversee councillors actions.
I think your treatment is disgusting.

sandbach99 I work in a Jobcentre Plus office and until the last couple of years had worked on a section processing claims for benefits. You have no right whatsoever to assume that I or any of ma then team should have had to put up wi abusive or threatening language or behaviour. Members of staff do not come to work wi the intention of upsetting folk and have every right to terminate abusive 'phone calls after an appropriate warning. We are under enough pressure as it is without folk like you encouraging others to think it right to gie us abuse.
I have tried 3 tmes to repond to Corbyloon and each time it fails, and I was NOT abusive.
Question Author
Trying to post an answer to you both but won't accept it Why?

I worked 20+ years at the Benefit Agency abuse comes with the job, wrong but understandable.



Give people answers don't push the problem on to someone else.


Very often if you hear someone out however unpleasant they will appologise

Question Author

Don't worry Sanbach99, I am sure he miss understood your explanation. I am livid about the way they are treating my wife and I. They think they are a law unto themselves. You break their rules and see what happens!


This web sight won't accept my messages either. Now and again I get through but spend hours trying. The management won't explain why either?


May be I should Name and Shame this Council!

Smptrds I got it to accept a very short answer thats all.
You deserve an answer from the council.

Name and shame them it may be the one Corbyloon works for.

Question Author
I am going to try and answer you both in 3 short messages and see if this will be acceptable?
Part 1.
Frustrated with their non communication-YES, abusive to anyone- is not my style and never will be. I was brought up to be well mannered and respect others.
Thank you both once again. I believe that this council has LOST my records between 2003 & 2005 hence the reason that they also accused me of not declaring a savings account in July 04, but proof after declaring this in March 04 proved them wrong.
Question Author
Part 2
In March this year I was asked why I had emptied my savings account and where has it gone? Sadly, they were wrong again and nothing had been touched. No apology from any of these mistakes. This is the sort of authority that is looking after our welfare and encourages you (disabled etc.) to claim the entire benefits one is entitled too.
Question Author
Part 3
It looks as if I will end up in court to clear my name and have my caution overturned. 'THEY' leave me no alternative as the Chief of Finance and Performance Department Replied twice in March and avoided my direct questions but has ignored further requests to reply since. I will inform you what the Ombudsman states when it arrives.
(I think I have cracked their code � keep it short and sweet)
Question Author

This is what was printed in our local paper about our Council from the Audit Office:-


From Rod ******, who recently presented our councils annual audit, - quote,
�Auditors say ******* Council has a clean bill of financial and operational health. But it still needs to turn that into better service for the people it represents,� unquote.


I live in the Capital of North Wales?

smptrds Write to your local paper you don't need to put your name in print you can use a pen name, you may not be the only one and sometimes the editor can get a response.


99.9% of people are not abusive normally, to some swearing is normal, as in your case other people are making you abusive and they are in the wrong.
I went to the ombusman and she agreed with me I got �200 for my trouble, the council found guilty of maladministration. This was something the council had failed to do no money involved.

Sorry we are posting together, don't you have a Welsh assembly person, I wonder if they could get involved. I thought for a moment that you were giving the report about my local council.
Does the town begin with Caer your local paper covers a wide area.
Question Author
Hi again Sanbach99 - I wrote to my local WREXHAM paper but they wouldn't print it and I do feel that they avoid confrontation with strong matters like mine.
Just heard on This Morning that most Mental Health units have a Welfare Rights Officer, I wonder if there is one you can have a word with who can insist on a reply on health grounds. There is or was a disability group in Chester called DIAL who were very good at helping people.
Our local paper Congleton Chronicle were very anti council but recently they seem to have stopped printing articles the same and only seem to print letters against councillors themselves, I thought it was a change in editor I now wonder if it is some national directive.

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