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    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
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Mortgage arrears- Kensington. Nervous wreck.


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I'm in rented property now and enjoying not having to spend every penny I earn on mortgage payments and rent, I've got a social life starting up again around things I enjoy and can afford the odd weekend away without any worries.

 

Hopefully the judge will see sense with the mortgage company, so many of them are pulling the plug now and will be out of business completely in the next year or so if the market doesn't improve. It should help the housing market as people won't be able to get big mortgages any more and then house prices won't go through the roof.

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Hi Tawnyowl - if you can hold on till tomorrow I will guide you through the defence papers. I'm just helping someone else with an urgent case at the moment;)

 

Kind Regards

 

Ell-enn

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Hi Tawnyowl, do you need help with your court papers? let me know and I'll help you with them. What date do they have to be returned by?

 

Kind Regards

 

Ell-enn

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Thankyou for your help. I am just reading the papers.As the papers were issued 26th March i am just trying to find out when the defence form has to be in .The hearing is on the 7th May.I am going to fill papers in over the weekend.I fully expect somewhere along the line to get stuck and would definately appreciate your kind offer of help.I think after the help you gave last night and the result today in court you deserve a rest-do you like a stressful life.I thank you once again for your kindness and am sure i will need plenty of advice over the coming days.

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Hi there, I assume the defence forms you have are N11M ? the most important part of the form is point 27 at the end. I can help you write the correct words for this. It's a good idea to take a photocopy of the forms and fill one set in in pencil, that way if you make a mistake you can correct it before completing the other one in pen. You can also download the form at Her Majesty's Courts Service - Home (select forms and guidance from the menu on the left hand side). You can fill it in on the screen and print out.

 

If the date of issue is 26th, then the date of service will be 28th, so you have 14 days from 28th March - I make that 11th April.

 

Anyway, have a look at the form over the weekend and leave part 27 till last. I will have limited availability (houseguests!!) until Monday afternoon but will give you my undivided attention then.

 

Kind Regards

 

Ell-enn

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Yes the form is a N11M.I have just looked at point27 and note its importance.I had a tremendous downturn at work from Nov.I am self employed and also had a very close bereavement in DEC which shattered me.Only now are things getting back to normality.Also my wife now has a part time job which will also help.We should be able to manage the 60.00 extra per month which we will offer.The 11th April will soon be here so will crack on over the weekend.I would appreciate help with no 27.The perfect solution would be over the lifetime of mortgage but cant see Kensington going for this.Enjoy your weekend and will return mon afternoon.Thanks Tawnyowl.Thanks for tips

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Have noticed how Kensingtons costs are building up.About 900.00 plus arrears fees every month.Have also noticed how erc charge has been built in to total owed.Am surprised arrears fees every month dont stop even when hopeful reasonable outcome when going to court.Plus of course solicitors costs and court cost.

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So I guess you've just had your quartely statement from our lovely friends at KMC then too?

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Sorry to jump in on your thread guys but looks like I'm starting with the same problems with Kensington. I had the counsellor came out to me. Sat me down and told me what figure to offer. I agreed and made the first payment 2 days later by online banking. That was 3 weeks ago. This morning I got a letter freom Kensington saying that my offer is not acceptable and now they are starting repossession proceedings! I am £2549.90 in arrears and my monthly payment is £1055 without the arrears. The counsellor told me to offer £1100 per month which I am comfortable with. the thing is my next payment is due next friday and my arrears will drop to £1299.90 but thay still want to take my home away. What's the point of being charged for a guy to come and tell you what to pay, for them to turn his decision down?

Any ideas please?? What do I do now as I live in Scotland and don't understand the law up here?

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They are NOT ALLOWED to charge for debt counsellors, its in the OFT guidelines. All the debt counsellors do is come and see if you are 'living outside your means, ie you have flash tvs and cars' and they are NOT there to help you in the least.

 

If this does go to court Kensington will have very little to go on as you are about 1 month in arrears with a clear payment plan in place. If it does go to court ask the judge to tell them to freeze all their charges on the account - that should help shut them up a bit.

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Oh and remember to ask the court to comply with OFT guidelines and remove the charge for the debt councellor

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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You can read minds:eek::D:lol:

 

I just happen to have had a lovely missive from them along similar lines :D

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Thanks for that. Do you think I should up my offer or make them stick with the current offer. Currently paying £50 a month off but could afford £150 although would leave me flat?

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DONT up your offer, leave yourself some room just in case interest rates rise (there is that possibility). They are playing a dangerous game and want to push you over the edge - keep your offer as it is and you should be okay - increase it higher and you will be left with nowt....

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OK. I think they are trying to pull a fast one anyway. They say my arrears at £2549.50 but when I worked out my arrears myself from their statements, I only get it to £1906.23 minus my payment this week of £1100 on friday will leave me with arrears of £806.23. Do you think they are trying it on?

No judge will reposses for that amount surely especially when I have a payment plan even it has been rejected will they?

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They are desperate at the moment to get as many cases into court as they can, it gives them some 'legroom' as their lending source has dried up. If they think they can take somebody's house and sell it quickly they will.... sadly it's very much a sign of the times now.

 

Make sure ANY correspondence from them is shown to the court, DO NOT talk to them on the phone 'as it's gone to court now' - use their tactics against them.

 

Also don't forget as son as the arrears are paid off you need to get a Notice of Disassociation to stop them going to court quickly again. It puts them back at square one with the paper trail and gives you an advantage that as you've paid off the arrears once, you can do it again in a short timescale....

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Hi there, I assume the defence forms you have are N11M ? the most important part of the form is point 27 at the end. I can help you write the correct words for this. It's a good idea to take a photocopy of the forms and fill one set in in pencil, that way if you make a mistake you can correct it before completing the other one in pen. You can also download the form at Her Majesty's Courts Service - Home (select forms and guidance from the menu on the left hand side). You can fill it in on the screen and print out.

 

If the date of issue is 26th, then the date of service will be 28th, so you have 14 days from 28th March - I make that 11th April.

 

Anyway, have a look at the form over the weekend and leave part 27 till last. I will have limited availability (houseguests!!) until Monday afternoon but will give you my undivided attention then.

 

Kind Regards

 

Ell-enn

Thanks very much will be back Monday Afternoon. Thanks Tawnyowl.

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Hi Tawnyowl - how are you getting on with filling in your court docs? are you ready to complete part 27 yet?

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Certainly need help with section 27.Have not got a clue what to put.Have not been online for a few days.Would appreciate any ideas what to put on 27 as it seems a very important section.Any information you require to help draft a letter i can PM you.

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No problem Tawnyowl - I'm on the case. When are you taking the forms to the court?

 

Ell-enn

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I will take the forms to court next week although on the court form it says you can take them up to the last minute.I suppose it is best to give the judge as long as possible to read them.However i think you are right when you say the correct date should be the 15th April.I work with bricks and would find it tremendously hard to put a letter of this importance together.It would either put the judge to sleep or be to short to be any good.I suppose the good things going for us at the moment is that summer is coming and my job prospects are good and that my wife has taken a part time job .Upto 3 days a week.I cannot offer unrealistic amounts and still feel if i offer 60.00 max extra a month i hope this would be acceptable but am shaking a bit.I have other debts but most have accepted token payments.There is equity in the house -not much about 20000 . I would never think again about remortgaging .The death of my brother in Dec also was greatly upsetting although i know most people still get on with life.Just need help with correct words to say .

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That's fine - I'll get to work on it when I get home, so it will be later this evening when I send it to you.

 

Kind Regards

 

Ell-enn

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