Shelley181146
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Shelley181146 last won the day on April 4 2012
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Things are serious now with the council having got access to information from over 10 years ago and are using this in their evidence (albeit, they say it's not relevant) they have used it in their documents. Surely this is a breach of data, and as the vulnerable adult cannot gain access to legal representation via legal aid as its deemed to be a civil case, they will be unrepresented at court. Will the judge allow this to continue, as they are unable to represent themselves. Please, please, can anyone advise, support or point in the right direction.
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I am trying to support someone who has learning and mental health issues. Since the age of 5 years (diagnosed with ADHD) they have not received the correct diagnosis / medical treatment (medical records confirm another doctor questioned this and suggested Aspergers, albeit this was not followed up) and following a (non related situation) 10 years ago they were assessed by a Psychiatrist who diagnosed 'emotional unstable personality disorder' and whilst they recommended 2 years treatment, the treatment was never offered as the services recommended were not available in the local borough. They have been back / forth between GP's and hospitals with no regular support from any other agencies, and have not coped with living on their own. They were / are very vulnerable but with a higher than average intelligence, albeit they do not know how to use / apply it to maintain a job, or live in the community as society would expect. They have struggled with the loss of 2 babies (forced adoption) and all the emotions that follow, without the proper counselling, support or monitoring of various agencies. This can cause outbursts of shouting / screaming (which I don't condone) but they have been served an initial injunction to stay away from the neighbours', and a trial date is set for a few weeks time in a different part of the country, to which they are unable to get to on public transport, which if not defended appropriately the local council will look to repossess their home. The ASBO team have not given the tenant the opportunity to make amends or provide a list of required improvements / timescales to adhere to, in an attempt to defuse the situation with a view to rehousing to a more suitable property / area with the right agency support in place. 1) What is the correct process for the local authority to adhere to when following up on ASBO complaints with a tenant? I thought they had a verbal warning, a written warning, along with a contract of things to be improved before applying to the courts (last resort). 2) They have very recently managed to access housing support (from the local council) and I note from the 'Notice of Trial' paper's that the judge has ordered "The overriding objective requires that the parties explore the possibility of compromise and that they seek to narrow issues. This should be undertaken at the earliest opportunity and not left until the trial is imminent". Please can someone provide any guidance or legal process advice to enable me to assist. Many thanks in advance. Just
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Lowell harassing over old CAT debt
Shelley181146 replied to Shelley181146's topic in Mail order catalogues
Correspondence from Lowell now indicate their next steps as legal action, and whilst I note it says "we may" my relative doesn't want a CCJ recorded on their record because they have been working to tidy up their credit file in order to move foward. Wouldn't there be an original default on their credit file from years ago when /if they failed to make payments with the original creditor? Is this allowed? I was trying to attach Correspondence for you to see but pics are too large. -
Lowell harassing over old CAT debt
Shelley181146 replied to Shelley181146's topic in Mail order catalogues
The debt relates to an old catalogue as I understand it, and the relative disputes the amount Lowell are quoting and thinks this is borderline statute barred anyway. They've read somewhere that if they contact Lowell to dispute the debt, they're admitting the debt and starting the clock so to speak - is that correct? I thought it was from date of last monies received? -
A relative is being bombarded by Lowell for old debts, but were not sure if they are borderline statute barred. How would we establish this without communicating to Lowell, and if communicating does this admit they owe a debt or start the clock again? Thought the clock started again only when making payments or am I mistaken please? The old memory isnt what it use to be, and I don't want to give them incorrect information. TIA
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Hi, Lookinforinfo, please can you expand on your earlier post re "The Protection of Freedoms Act 2007 paragraph 9 section 2 [f] the PCN wording does not comply with what it should say in the ACT. the act says it must comply so that means that the keeper is not liable to pay if the driver doesn't." I have attempted to look of this but it refers to Act 2012 - On another matter I am now dealing with, this maybe extremely useful please. Many thanks
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So the appeal has sent their response, typed below 'verbatum' "Dear Sir/madam, Thank you for your correspondence relating to your Parking Charge. The representations stated in your correspondence have been noted and considered. Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly. We are placing this Charge on hold for 14 days from the date of this email to allow you to provide the details requested. Yours faithfully" When we appealed the following was our response: "The driver drove around looking for a space for 24 minutes but was unable to secure one so left without parking. There has been no breach as there was no opportunity to read the signage and consider it and agree to be bound by its terms and also as the demand is for a parking charge, this is not applicable as there was no parking event to incur such a charge" It appears that we didnt disclose the driver details so how do you suggest we respond to this please?
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Hello, A friend was a victim to a trafficking situation by criminals ( can't go into details, on-going case) and the local council had to find them temporary accommodation whilst the case was being investigated by police. To cut a long story short, the council have taken from April 2020 - March 2021 to find a permanent property to move into whilst Housing Benefit continued on the original property, the council were footing the bill for the 'safe house'. My friend was/is still in receipt of legacy benefits (ESA ETC) although the offer was made in March 2021, the viewing didn't take place until end of May 2021 (Council delays - unknown reasons) but this now resultas that my friend has lost eligibility to retain legacy benefits including HB and they are forcing them to claim UC. We're all aware the Covid-19 has caused many delays in all area's of business, so does anyone know if legally, the 52 week rule was extended to account for this also, or has this remained the same please? My friend has a support worker who has tried in vain to get updates from the council to no avail, and the Housing Manager admitted she had never dealt with a case of this severity before, so I question the validity of the delays between March - May preventing the continuation of legacy benefits, am I expecting too much? Is there an appeals process?
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The driver is 'outed' naively, sorry, crossed wires! The driver had been looking for a space, but had a 3 month old baby in the car screaming so abandoned the trip. The driver had not been to this area before, but relatives had said it had been 90 minutes free parking, but as they hadn't parked was surprised to have received this. Naturally distracted by events in the vehicle they weren't looking for signage on P&D.
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