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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • 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.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • 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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Repossession Advice Seeked


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When the next hearing comes up you need to do a witness statement and get into the court the day before the judge then reads it it always helps if they no before what you intend to do you can serve it on the otherside when they arrive make that payment get your date and we will help you do a witness statement

 

Ok thanks, ill be online later to check replies....thanks again everyone.

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Hi, well done for being brave.

 

When you get the date for the next hearing and you have made the payments we will get a statement done to put into court.

 

Stay positive,

 

Kind Regards

 

Ell-enn

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi homerdaz :)

 

I just wanted to wish you all the best and I hope it works out well for you.

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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Hi homerdaz :)

 

I just wanted to wish you all the best and I hope it works out well for you.

 

A big thank you all again, although we aren't out of the water yet i would like to offer some advice to those who may be in the same or a similar predicament.... dont give up, explore every avenue there is and most of all stay positive.

 

Another valuable exercise is for users to keep their posts updated as they proceed, as reading through other similar threads gave me a lot of hope and encouragement.

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Also Homerdaz work through that charges situation I told you about. If you have any difficulties then we can help you through it. It will be a good opportunity to have this information in front of you in court. You can say that you have been provided with the sum claimed for the repossession and the arrears and there are some unlawful charges totaling £xxx which I would like addressed. That way it brings the Jduge to thinking the mtg company has been hard on you and casued some of the distress themselves. I tell you, every little bit you get together helps in you cause and begins to show up what rogues some of these companies can be. - It fires up your own confidence when you realise the injustice being served upon you.

 

Just bear in mind, if they had got possession then they would have left your account in shreads and taken you for far more than they are entitled to. It's a hell of a job then when you are totally dejected to get it back or get the strength to get it back.

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Hi all, Im now on my run up to the second hearing and looking for advice as to how to approach this. Having obliged all of what was requested at the first hearing, do i continue with the details details presented before, or do i present further evidence.

 

Thanks in advance for the help...

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Hi Homerdaz, Well done if you've achieved your objective. what I'd suggest is that you take whatever you can to court to support the fact that you can now meet your monthly commitments and demonstrate you can chip away at any remaining arrears. You might like to ask the Judge if you could spread any remaining arrear over the period of the mortgage, he'll probably say that's between you and the finance company, but he may be a little kinder to you now. I still believe you should check out what charges have been applied to your account by the mtg company which you can reclaim and be armed with those when you go in so that you can challenge the balance at the hearing. No time like that to bring them up and get the judges approval to reclaim them. Good luck

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Can I make a suggestion do a witness statement or statement of truth with everything in that you have done since the last hearing fax or take one copy to the court the day before and give a copy to the barrister for the otherside on the day. The DJ will read yours before you go in most probally and if he ses you have done every thing you said he will be on your side, it works really

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Ok yesterday was literaly a five minute in and out hearing, GMAC opposed the suspension again (no surprise there) on the basis of previous payments not made, the judge replied that was history and ordered the warrant suspended. Absolutley chuffed here and a big thanks to everyone who helped especial Ell-enn & Andrew1 ....

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Just watch GMAC they can get pretty nasty who represented them was it Eversheds and did they have a Barristster they will land you with costs I might be able to help there so let me know

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Just watch GMAC they can get pretty nasty who represented them was it Eversheds and did they have a Barristster they will land you with costs I might be able to help there so let me know

 

It was TLC solicitors who represented them on the two hearings, they have added solicitors fees already dated 7th Feb.

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That's great news Homerdaz, hopefully things will go OK for you from now on. Well done.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ok yesterday was literaly a five minute in and out hearing, GMAC opposed the suspension again (no surprise there) on the basis of previous payments not made, the judge replied that was history and ordered the warrant suspended. Absolutley chuffed here and a big thanks to everyone who helped especial Ell-enn & Andrew1 ....

 

Excellent news and well done :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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Well done Homerdaz - first steps to freedom! get 6 months clear payments behind you and start hunting around for a better rate and a better company, it'll all help. watch for those early repayment issues too - they can be costly.

 

I really feel happy for you Homerdaz - this is a weight off your mind.

 

 

Bona, you mentioned Eversheds - any particular reason - what do people have to watch out for with them particularly?

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Ok yesterday was literaly a five minute in and out hearing, GMAC opposed the suspension again (no surprise there) on the basis of previous payments not made, the judge replied that was history and ordered the warrant suspended. Absolutley chuffed here and a big thanks to everyone who helped especial Ell-enn & Andrew1 ....

 

Excellent News - well done.

 

The Judges are not fooled by these greedy b******s and can see right through them !

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  • 5 weeks later...
I've heard that one of the posters here has successfully argued to keep the sale of his/her property themselves despite it being repossessed. Not sure of the details, but I've PM'd to ask so once I get a hold of it I'll let you know. It's just part of the preparation of ' worse case scenario' so if they do happen repossess you can manage not to lose so much of the proper sale price by leaving it to auctions...over to you Ell-enn. Good luck

 

andrew1 did you mange to locate the infor regarding "I've heard that one of the posters here has successfully argued to keep the sale of his/her property themselves despite it being repossessed." ?

[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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