Thanks again for all the suggestions W and Biff, will get on the case right after this. I can of course probably ask someone for a lift into Watford on Monday, but have been through all that before.
"Come back next week Tuesday, we'll see what we can do" - "sorry, I cannot guarantee to be able to get here next week Tuesday.......", "How did you get here today then?", "An acquaintance took time off work and kindly gave me a lift........" "So you CAN get here then...you are sitting in front of me....come back next week Tuesday, we are closing now, you can't stay here, security will help you to the door if you need assistance" Signals the "security guard", closes her files and walks away.
Not once, but at least 3 occasions at two different Job Centers. Brent and Shepard's Bush.
If - and I did manage to do it for 10 weeks running, 5 appointments in a row - absolutely nothing happened, except "come back (whatever day), and we'll see if we can sort something out, just sign here.....and here's a form you must fill in detailing the interviews for work you have arranged". The day I was stretched out in the tube station pissing myself, I was on the way to the 6th "appointment". I eventually managed to get home again under my own steam. No amount of phone calls, emails, or letters explaining why I had missed the appointment had any effect whatsoever. No reply to the written explanations, and the voice on the phone was well sympathetic, but all she could do was arrange another "appointment" - unfortunately I would have start all over again from the beginning, but if I wanted to come in Tuesday.............
Bear in mind that during that time I had also attended the G.P., hospital and a Personal Capability Assessment, all proving exactly what, and what not, I was physically able to do. In the meantime, the waterways is demanding and threatening me on a weekly basis. I resign myself to the fact that there is not going to be any way anyone can help me, so resort to writing to "housing benefits" sending a copy of the demands/threats from the waterways, every time I receive one - no response whatsoever. They cannot do anything over the telephone, but if I come in Tuesday........
Once again, I struggle my way in - this time to the council buildings - "o.k., that's fine - come in as soon as you have get your first "Job Seekers Allowance", and we'll see what we can do.........." "Oh, I cannot get Job Seekers Allowance, I can't get to the Job Center every fortnight to sign on, I can't walk properly you see......." "Well O.K., just send us the original letters from DWP proving that you are disabled and that showing what benefits you get........." I am not getting any benefits, I can't get to the Job Center for all the appointments, I can't walk properly you see......." "Well once you have sorted out your disability benefits, phone us and make an appointment......"
At this point it is more than a year since my redundancy, and I eventually get my M.P, Andy Slaughter, involved. A week later I am on Income Support, "housing" has registered my boat on the "Valuation Roll" for tax band A, or whatever the minimum band is, and has back paid my license fee's into my bank account - still not possible for them to come to an arrangement directly with "my Landlord", the waterways, impossible for that to happen.
Now, since I only "made my application for housing benefit" some 10 month's after I was made redundant - since that is how long it took for me to go directly to housing after getting nowhere with the Job Center - I am liable for those 10 month's of council tax, and also the boat license, they look forward to receiving my cheque within the next 14 days, or they will have start legal action. I paid every penny of the back pay to the waterways, which shut them up for a while, and simply ignored the rest, nothing I could do about it anyway - court judgements against me for non-payment of council tax. Housing could only pay £23.40 every fortnight into my bank account for the license - which was the previous years fee, excluding the normal annual increase. The waterways has no way of accepting payment terms fortnightly, only monthly, with an extra charge for staggered payments, and the monthly payment of £46.80 was insufficient to cover the license anyway, so they could not come to any arrangement with me for paying the license. The regular demands and threats start up all over again, and so I again resort to writing letters to housing on every occasion, enclosing copies of the demands and sending copies of my letters sent to housing, to the waterways as well. In each and every letter I request that the waterways contact housing, and that housing contacts waterways in order to resolve the problem. Absolutely no response from either. I fortunately land a temporary cash in hand job at a workplace I can get to less than a mile from where I live, which lasts 6 weeks and I get paid just over a grand for it. (I assume that was where HMRC got in on the game - court judgements against me). I immediately pay up all the back pay, penalties and late payment charges for my boat license, and the waterways is happy for a while. I give up writing letters to both requesting that they talk to each other to resolve any future issues. Guess what happens when my license runs out in December 2012, and housing is still paying the £23.40 every fortnight into my account - although there have been at least 3 increases in the license fee in the meantime? Waterways kicks off the demands and threats for 2013 yet once again, only, before I can start writing the letters and sending copies to both of them every few weeks again, housing simply stops putting the money in my account - since Income Support was withdrawn - but they "over paid" by £23.40, because it took them 2 weeks to stop the computer making the payments, even though I had emailed my "change of personal circumstances" to them in good time and even stated in the email that I would not be accepting liability for any over payment, since this email was informing them of the change with immediate effect and in good time. No response to the email, no phone call to discuss a way forward, nothing, just silence of course - another court order against me.
So here we are today, no communication possible with anyone, except a court order hand delivered to my boat, giving me 7 days, of which I now have 3 left, to pay up with costs, disappear my boat off the waters, and no matter what I do, live in the street in winter. There is no hope in hell of "paying up".
All that's left is to follow up on your guy's media suggestions, and hope and pray somebody may pick up on the story, even then, I have reservations that it would ever be allowed to go to print.......
Shit, am switching between being all "up for the fight" - confident something can be done, depression, losing all hope, terrifying fear at what will happen to me physically over the coming days, and back again to "to hell with it - something MUST be possible" - just about hourly now. Feels like I'm losing my bloody sanity........
The difference between reality and the imaginary.....
Moderator: Peak Moderation
PS. I have, over the last few month's, expecting it to come to this at some point, been given a lift by a rather concerned fellow boater, to a charity which provides help. After listening to the story and making some phone calls, all that was possible was to "get yourself down to the Job Center....."
I have also contacted Salvation Army and the Waterways Chaplaincy, with the same result........"Oh, first thing you must do is get yourself down to the Job Center""
Having, whenever it has been physically possible for me to do so, "got myself down to the Job Center" on many, many dozens of occasions over the last 5 years with the result we see today, it is patently obvious that that particular exercise will be fruitless..........all it will do is cause me more pain and suffering than I would have if I don't bother to struggle there......I may as well not bother......nothings going to change anyway.....
I have also contacted Salvation Army and the Waterways Chaplaincy, with the same result........"Oh, first thing you must do is get yourself down to the Job Center""
Having, whenever it has been physically possible for me to do so, "got myself down to the Job Center" on many, many dozens of occasions over the last 5 years with the result we see today, it is patently obvious that that particular exercise will be fruitless..........all it will do is cause me more pain and suffering than I would have if I don't bother to struggle there......I may as well not bother......nothings going to change anyway.....
A quick google seems to say that you'll need a boat safety certificate - http://www.boatsafetyscheme.org/ (and insurance) before you can licence your boat anyway. Even more money required?
PPS - Never once, despite dozens of repeated requests, has it ever been possible to refer me to a social worker who could concentrate on my case and assist me through the process.
Right up til this very moment, that has not been possible....
Yet I know, personally, of two people who have no problem at all - one a family member and one a fellow boater - both of whom get regular, at least once a month, visits from their appointed "case worker", who just sorts everything out, no problem. How they accomplished that I have yet to discover.....
In the case of the family member, they are a pensioner, so are probably treated differently, NOT in the case of the particular fellow boater whom I know, but in a few other cases I have heard about, there has been "Criminal Charges", "Anti-Social Behavior", "Alcoholism", "Drug Addiction", or some other instance involving the police - it appears, that since none of these apply in my case, nothing can be done to assist me.........
Right up til this very moment, that has not been possible....
Yet I know, personally, of two people who have no problem at all - one a family member and one a fellow boater - both of whom get regular, at least once a month, visits from their appointed "case worker", who just sorts everything out, no problem. How they accomplished that I have yet to discover.....
In the case of the family member, they are a pensioner, so are probably treated differently, NOT in the case of the particular fellow boater whom I know, but in a few other cases I have heard about, there has been "Criminal Charges", "Anti-Social Behavior", "Alcoholism", "Drug Addiction", or some other instance involving the police - it appears, that since none of these apply in my case, nothing can be done to assist me.........
Oh, lastly, if anyone reading this feels they may wish to forward the link to this thread to anyone - media, legal aid organizations, charities etc that they think may be able to help, please do so, it would be much appreciated. I am more than willing to pass my contact details to anyone wishing to contact me, thank you,
Mitch Smith.
Mitch Smith.
Yes cubes, that is correct, my safety certificate expired in July this year, but my boat will pass easily - it conforms to the regs 100%, so that is approximately £200.00 for a 4 year certificate. The insurance can be got for around 70 quid for the year. The fellow boater who is getting benefit assistance has all this done and sorted by his case worker, including just having a "Permanent Mooring Permit" of around 3 and and a half to 4 grand a year, being sorted out for him until 2016!! The next 3 years already covered - I saw the permit in his window and inquired as to how the hell he got THAT right...... he just shrugged his shoulders and said "that's what the waterways wanted, so my "case worker" sorted it out, not my problem".
Amazing........
All I need is around 800 quid a year.............
or rather, just a temporary "case worker" to assist me through this problem......
Amazing........
All I need is around 800 quid a year.............
or rather, just a temporary "case worker" to assist me through this problem......
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woodburner
- Posts: 4124
- Joined: 06 Apr 2009, 22:45
http://www.dailymail.co.uk/news/article ... rking.html
It didn't stop IDS cheating the system though. He's also not fit for purpose
send your story to the Daily Mail, they love this sort of thing.
It didn't stop IDS cheating the system though. He's also not fit for purpose
send your story to the Daily Mail, they love this sort of thing.
To become an extremist, hang around with people you agree with. Cass Sunstein
Just thought I would post this, it's an email I sent to the court prior to the court hearing on the 8th of October, and contains a copy of a letter I sent to the waterways before that. Sure, I was rather sarcastic with the waterways, but I did ask for an alternative prior to the court hearing.
I obviously received no response from either of them.
With reference to Claim Number: 3ECO2973
Att: The Court Manager
Dear Sir/Madam,
With reference to the above hearing scheduled for 8 October 2013 at 11:00 AM, I wish to bring to the courts attention the full personal circumstances. It would appear that the applicant has not informed the court of the fact that I am partially disabled, or that the craft/boat mentioned is my only home in which I have lived since 2001, the past 12 years, and is my own personal property owned outright.
The applicant has been fully aware of my circumstances since my being made redundant in 2008, and subsequent surgery in 2009. They are also fully aware of the withdrawal of my Income Support and Housing and Council Tax Benefit allowances in March 2013.
I have been unable to pay the license fee for 2013, and have therefore remained on the waterways unlicensed for 10 months now, the last license having expired on the 31 December 2012.
I herewith attach post and email communications I have sent to the applicant. A letter posted on the 5th September 2013, and email communications sent today, 3 October 2013.
110 Scrubs Lane,
London.
NW10 6QY
5th September 2013
Dear Mr. Swan,
I herewith acknowledge receipt of your letter dated 19th August 2013.
Your letter informs me that that you have referred the file to Zoe Wright of Shoosmiths. I wish to inform you that I have never contacted Zoe Wright, nor Shoosmiths, nor instructed, requested or placed an order with them to deal with this matter. I therefore accept no liability for any costs or charges they may incur. Kindly ensure that any costs incurred, or charges rendered for their services, are explicitly born by the party or parties who have placed an order for their services, or who have requested or instructed them to carry out work on this matter.
I do not accept liability for any costs or charges which I have not personally explicitly authorised in writing, and agreed to pay.
I may be contacted on 07******* anytime.
Thank you,
Mr. Mitchell Ashley Smith.
5th September 2013.
Dear Mr. Swan,
Thank you for this email reminder. However, due to the fact that I am unable to walk more than 100 yards, due to Claudimia, and so am unable to adequately use public transport, and also that I have zero financial income, so cannot pay for taxi fares or other transport, I will be unable to physically attend this hearing. Since National Insurance terminated my claim for Income Support in March 2013, and I am physically unable to attend the numerous appointments at any Job Centre, the likelihood of ever being able to claim is extremely low.
Should it be necessary for me to physically attend the court, it would be appreciated if I could be informed of any transport which has been arranged to convey me to the court, and return me to my home.
I also apologise for not being able to physically remove my craft from the water and/or land which Canal and River Trust created at the time the Universe came into existence – and therefore own, and have the absolute right, to allow or extinguish any and all life which may either by choice or force encroach upon it – I have no alternative but to await the system to criminalise me for existing. (Since, should this injunction be granted by the court, I will be in Contempt of Court, this will be a Criminal Offence).
I have not been able to locate any water, or land, which was created when the planet formed, and therefore is not owned by its creator, onto which I can physically move my home. It would be greatly appreciated if Canal and River Trust could assist me in this regard. I fully accept that maintenance of the beautiful parts of the canal and river system come at a cost, and should one, by choice, wish to make use of it and the facilities provided, then one must be prepared, or able, to afford the associated charges. I am not in a position to be able to request use of these facilities, so an alternative would be for me to move my craft onto a small, (around 40 ft), section of derelict or unmaintained canal or river until such time as I am able to afford to contribute towards the maintenance of the main parts of the canal and river system. I, of course, would not make use of any of the facilities or parts of the maintained system without first ensuring that I have contributed my share towards the construction and upkeep of such facilities. (Unlike the millions of pedestrians, dog-walkers and cyclists who contribute NOTHING, yet enjoy beautifully maintained and manicured towpath’s with no regard whatsoever for the boat owners who are paying for it).
Should Canal and River Trust advise me of the location of any place where I may keep my home, perhaps an inlet of a small un-navigable river, or some such, which the Universe has created, and for which no person demands any charge, I will immediately move my craft to that location without undue delay.
Thank you,
Mitch Smith
Nb Soma and nb Romany no. 7.
Thank you,
Mitch Smith
I obviously received no response from either of them.
With reference to Claim Number: 3ECO2973
Att: The Court Manager
Dear Sir/Madam,
With reference to the above hearing scheduled for 8 October 2013 at 11:00 AM, I wish to bring to the courts attention the full personal circumstances. It would appear that the applicant has not informed the court of the fact that I am partially disabled, or that the craft/boat mentioned is my only home in which I have lived since 2001, the past 12 years, and is my own personal property owned outright.
The applicant has been fully aware of my circumstances since my being made redundant in 2008, and subsequent surgery in 2009. They are also fully aware of the withdrawal of my Income Support and Housing and Council Tax Benefit allowances in March 2013.
I have been unable to pay the license fee for 2013, and have therefore remained on the waterways unlicensed for 10 months now, the last license having expired on the 31 December 2012.
I herewith attach post and email communications I have sent to the applicant. A letter posted on the 5th September 2013, and email communications sent today, 3 October 2013.
110 Scrubs Lane,
London.
NW10 6QY
5th September 2013
Dear Mr. Swan,
I herewith acknowledge receipt of your letter dated 19th August 2013.
Your letter informs me that that you have referred the file to Zoe Wright of Shoosmiths. I wish to inform you that I have never contacted Zoe Wright, nor Shoosmiths, nor instructed, requested or placed an order with them to deal with this matter. I therefore accept no liability for any costs or charges they may incur. Kindly ensure that any costs incurred, or charges rendered for their services, are explicitly born by the party or parties who have placed an order for their services, or who have requested or instructed them to carry out work on this matter.
I do not accept liability for any costs or charges which I have not personally explicitly authorised in writing, and agreed to pay.
I may be contacted on 07******* anytime.
Thank you,
Mr. Mitchell Ashley Smith.
5th September 2013.
Dear Mr. Swan,
Thank you for this email reminder. However, due to the fact that I am unable to walk more than 100 yards, due to Claudimia, and so am unable to adequately use public transport, and also that I have zero financial income, so cannot pay for taxi fares or other transport, I will be unable to physically attend this hearing. Since National Insurance terminated my claim for Income Support in March 2013, and I am physically unable to attend the numerous appointments at any Job Centre, the likelihood of ever being able to claim is extremely low.
Should it be necessary for me to physically attend the court, it would be appreciated if I could be informed of any transport which has been arranged to convey me to the court, and return me to my home.
I also apologise for not being able to physically remove my craft from the water and/or land which Canal and River Trust created at the time the Universe came into existence – and therefore own, and have the absolute right, to allow or extinguish any and all life which may either by choice or force encroach upon it – I have no alternative but to await the system to criminalise me for existing. (Since, should this injunction be granted by the court, I will be in Contempt of Court, this will be a Criminal Offence).
I have not been able to locate any water, or land, which was created when the planet formed, and therefore is not owned by its creator, onto which I can physically move my home. It would be greatly appreciated if Canal and River Trust could assist me in this regard. I fully accept that maintenance of the beautiful parts of the canal and river system come at a cost, and should one, by choice, wish to make use of it and the facilities provided, then one must be prepared, or able, to afford the associated charges. I am not in a position to be able to request use of these facilities, so an alternative would be for me to move my craft onto a small, (around 40 ft), section of derelict or unmaintained canal or river until such time as I am able to afford to contribute towards the maintenance of the main parts of the canal and river system. I, of course, would not make use of any of the facilities or parts of the maintained system without first ensuring that I have contributed my share towards the construction and upkeep of such facilities. (Unlike the millions of pedestrians, dog-walkers and cyclists who contribute NOTHING, yet enjoy beautifully maintained and manicured towpath’s with no regard whatsoever for the boat owners who are paying for it).
Should Canal and River Trust advise me of the location of any place where I may keep my home, perhaps an inlet of a small un-navigable river, or some such, which the Universe has created, and for which no person demands any charge, I will immediately move my craft to that location without undue delay.
Thank you,
Mitch Smith
Nb Soma and nb Romany no. 7.
Thank you,
Mitch Smith
The court application from the waterways, although extremely detailed and running to some 20 or so A4 pages, never once mentioned that I was unemployed, disabled or that the boat was my primary and only residence. It consisted only of every demand and threat sent to me, nothing else, hence the above email to the court. I set my computer to automatically request a "delivery" and a "read" receipt - neither of these requests were acknowledged, but I did not get an "unable to deliver" response one gets when an unidentified email address is used, so assume the address was indeed valid.
I have no doubt that if this email was received by the court, it was immediately deleted.........maybe GCHQ will have a copy........
I have no doubt that if this email was received by the court, it was immediately deleted.........maybe GCHQ will have a copy........
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woodburner
- Posts: 4124
- Joined: 06 Apr 2009, 22:45
You should send it by letter to ensure it is at the Court. Expensive, but Special Delivery is best.. From a legal point of view, that you sent it by email is a point of fact that will be accepted in any subsequent Court.
You really need an injunction to stop the WWB, but that will cost money.
You really need an injunction to stop the WWB, but that will cost money.
To become an extremist, hang around with people you agree with. Cass Sunstein
Perhaps Social Services have access to Legal Aid to be able to get the injunction. Criminals get Legal Aid in hours to represent them, surely I could get some sort of help? Could the court order not simply be "set aside" since all relevant facts were not presented at the original hearing? I have emailed the M.P. again today, and emailed the newspapers and some crowd who "buy's" stories to sell on to other papers. Am still at it, emailing everyone possible.
Plans of possible action.
1. I can still legally move my boat, so take it as close as I can get to Watford Job Centre tomorrow. That means I can ride my electric bike to any number of appointments. Problem is that after Wednesday I can no longer legally move it, if the Job Center at Watford can't help me, I cannot take it back to London, within the boundaries of my M.P.'s constituency.
2. Try to get it off CART waters tomorrow - again, that would be complying with the court order, I would have nowhere to live for a long while, but the boat would be safe in the meantime.
3. Set off for London tomorrow and get it back at my moorings within the MP 's boundaries. That, however, is where the Court currently believes the boat is, and everything about the order pertains to that address, so am not sure if it helps at all, except that I would be homeless in London - think I would rather be homeless in Rickmansworth/Watford.
4. The order simply states that after Wednesday 4pm, I may longer move the boat. BW does not necessarily have to take it there and then - the order is designed so that they can fetch it at their leisure - or not at all - whatever they fancy. The order also states that I will be in Contempt of Court and MAY be arrested - again, not WILL be arrested - the charge of Contempt may or may not be applied. This gives time for something to be worked out between the boat owner and waterways, even after the order has been granted. Makes it MUCH easier for the Social to sort something out with them - if the social can actually be bothered, but that is my biggest problem, WILL anybody at the social bother to pick up the phone to waterways? or will it be far cheaper and more beneficial to all concerned to put me in urgent temporary accommodation now, and then pay for my accommodation for the rest of my life - that is the question. It appears, from the socials past performance, that the answer is B - ensure that whatever is eventually done, costs the taxpayer the maximum amount of money, and causes the maximum amount of suffering and loss to the citizen as possible.....
Plans of possible action.
1. I can still legally move my boat, so take it as close as I can get to Watford Job Centre tomorrow. That means I can ride my electric bike to any number of appointments. Problem is that after Wednesday I can no longer legally move it, if the Job Center at Watford can't help me, I cannot take it back to London, within the boundaries of my M.P.'s constituency.
2. Try to get it off CART waters tomorrow - again, that would be complying with the court order, I would have nowhere to live for a long while, but the boat would be safe in the meantime.
3. Set off for London tomorrow and get it back at my moorings within the MP 's boundaries. That, however, is where the Court currently believes the boat is, and everything about the order pertains to that address, so am not sure if it helps at all, except that I would be homeless in London - think I would rather be homeless in Rickmansworth/Watford.
4. The order simply states that after Wednesday 4pm, I may longer move the boat. BW does not necessarily have to take it there and then - the order is designed so that they can fetch it at their leisure - or not at all - whatever they fancy. The order also states that I will be in Contempt of Court and MAY be arrested - again, not WILL be arrested - the charge of Contempt may or may not be applied. This gives time for something to be worked out between the boat owner and waterways, even after the order has been granted. Makes it MUCH easier for the Social to sort something out with them - if the social can actually be bothered, but that is my biggest problem, WILL anybody at the social bother to pick up the phone to waterways? or will it be far cheaper and more beneficial to all concerned to put me in urgent temporary accommodation now, and then pay for my accommodation for the rest of my life - that is the question. It appears, from the socials past performance, that the answer is B - ensure that whatever is eventually done, costs the taxpayer the maximum amount of money, and causes the maximum amount of suffering and loss to the citizen as possible.....
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woodburner
- Posts: 4124
- Joined: 06 Apr 2009, 22:45
One more little snippet which is not helping my case. It involves a small piece of land in central London which, by their own admission, doesn't belong to the waterways. They didn't particularly bother about it till late 2010, early 2011, when they suddenly figured it would be worth a substantial amount to them. (They could moor 20 boats there, double berthed, at 3 to 4 grand a year each, double that amount if water and electric was provided). They attempted to prove "ownership" but were unsuccessful, then discovered that I had a 10 year head start on them regarding adverse possession of abandoned land. The 12 years was up in August this year, and I submitted my application for first registration accordingly, which is right now being processed.
The waterways are currently VERY, VERY pissed at me..............
Haven't got the Land Registry final decision yet, but it looks good so far....
The waterways are currently VERY, VERY pissed at me..............
Haven't got the Land Registry final decision yet, but it looks good so far....
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biffvernon
- Posts: 18538
- Joined: 24 Nov 2005, 11:09
- Location: Lincolnshire
- Contact:
Facebook users may be interested in this tangential conversation:
https://www.facebook.com/pippa.bartolot ... 8688684622
https://www.facebook.com/pippa.bartolot ... 8688684622