PDA

View Full Version : Coping for the next 2 days



Krakers
13-03-07, 19:41
Hi guys - from my recent posts you'll probably have seen that my new meds are working well, and I've been anxiety free for around 2 weeks now.

Right now though, my anxiety is kinda catching up with me because of a stressful situation I cannot avoid.

I've been summoned to appear at a magistrates court in London on the 15th of March at 10am. Its for non payment of council tax, which I in fact I don't owe them becasuse the property was uninhabitable due to an arson attack.

I've phoned them at least 15 times, I've sent them over 6 letters, I've provided everything they've asked for, but apparantly they still don't feel the damage was major. The fire brigade report classes the smoke damage as severe to 95% of the property.

So - I'm going to try one last attempt to make them see reason on the phone tomorrow morning, then if that fails I have to go to London in the afternoon.

Thats on a train for 4 hours, then on a tube, then taxi, then to a strange hotel. The next day it'll be 9am at the court to see the duty solicitor and try and get some help. They cannot represent me though, I have to represenet myself. Thats stand up in front of 3 JP's and present my case. With the big bad wolfs sat at the desk opposite.

If I don't go I automatically owe Enfield Council nearly £500 as it'll go in their favour. If I do go its going to cost me the best part of £300 with travel, food, accomodation, taxis etc. I may not win the case (although I cannot see how the hell not), plus the court may not give me my costs back.

So right now I'm kinda bricking it. I've not been further than 30 miles from home for at least 8 months, and now I've got to do something that I think is going to freak me out. I haven't had a PA in a long while, but I can just picture it now, standing in court and me falling to pieces.

What do I do ? Pay these fascists money I don't owe them and avoid the stress ? Go, and risk making myself worse when I feel like I'm getting better ?

The only reason I was summoned in the first place was becasue they didn't open a letter I sent them for 6 weeks, despite their publicised service levels being 3 weeks to respond to all letters. Once they issued the summons they said it had to stand.

I just don't know what to do. I'm at a complete loss, and its battering my head trying to think what I should do for the best.

Any advice would be much appreciated.

Krakers.

nomorepanic
13-03-07, 19:48
Krakers

Blimey what a complete mess!

How can they possibly expect you to fund the cost of this yourself to get there etc.

I am surprised they are even bothering to take it to court.

Personally I would not want to spend that kind of money out to go if there is no guarantee of getting it back. Can you find out if you will or not?

Apart from the cost there is of course the panic as you say. It would be a good challenge but at the same time a bit too much of a small step to take at the moment!

Do they know you can't easily leave home etc?

The system is totally up the spout here isn't it?

Krakers
13-03-07, 20:38
Hi Nic - I spoke to the clerk to the court today to either asked can I have it moved to my local court or request an adjournment. For an adjournment I have to attend court and ask for one ! To have it moved to another court its totally at the discression of Enfield Council - can you believe that ?? Like they're going to want to drive 200 miles instead of me for one hearing ???

I've also just read on-line that I can only se a duty solicitor on the day if I was in custody, which obvioiusly I'm not. So I cannot get any legal advice at all from the court.

As to whether the court would give me costs, well first I would have to win the case. Its the discrescionary as to whether they will allow ocsts or not, but I would find out on the day.

Apart from the anxiety if I lose the case, then I'm even further out of pocket.

I'm no expert here, but they have my name spelled with 2 extra characters, and one missing - I'm not even sure this summons is legal.

You are quite right - the system is screwed, and in favour of the over bearing councils who just want their pound of flesh.

Krakers.

Krakers
14-03-07, 01:21
Just found out from a lawyer friend of mine I can have the date set aside, providing I can preduce a letter from my GP and get it to the clerk of the court by 4pm tomorow.

If the letter also states that a local hearing would be better then theres a good chance it will get changed.

Only down side, my GP's is half day on Wednesday and I've actually got to get my doc to agree (if I can get up). Thats providing I can get an appointment once the 8am lottery starts (you phone from 8am until all appointments are booked).

Well, the sleeping tablets have just been taken, so at least theres a chance I'll be up and with it tomorrow.

I informed the local press too - they're interested to know the outcome of the story and seemed even more interested that Enfield Council may be adding to my condition.

Well, heres hoping. Will update you all as the next few days pan out.

Krakers.

Krakers
14-03-07, 15:00
Its got to be getting a bit sad when you find yourself replying to your own posts, but I did promise an update.

I got my docs note, I got the court date changed, Also my GP requested they move courts for me hearing. I also got through to someone at the council tax place who wasn't clueless, and think they may cave without court.

I'm sending em yet more stuff, but in return have requested all their info they hold on me - telephone calls, notes, history, payment details, dates, everything under the Data Protection Act and Freedom of Information Act. They gonna be busy for a while.

After talking to my doc it looks like should they drop the Non Payment of Council Tax summons, then I could well have a strong counter claim for the anxiety caused.

Mebe theres a silver lining after all. At least I'm not on a train to London now !!!

Krakers.

nomorepanic
14-03-07, 16:48
Krakers

Sorry for not replying earlier - I have been in the garden all day as it is so lovely out there and the garden is a tip.

I am so pleased things have moved on and getting sorted now so thanks for letting us know.

Just shows that you can get somewhere if you keep pushing doesn't it?

Hopefully they will just forget the whole stupid thing!

jo61
14-03-07, 16:54
That's brilliant. Well done for persevering. The system is truely up the spout but in this case it looks as you'll get justice for what's happened.

eastender
14-03-07, 22:11
Well done! So pleased to hear its getting sorted out for you.

Karen
15-03-07, 02:33
Just a thought Krackers but have you tried the Citizens Advice Bureau if it does go to court and you need representation?

Karen