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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.
    • 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
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
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curiodeb/Howard Cohen **Case Struck out**


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Hi Debs

 

1. Did you recieve a Default Note and if so post up same?

2 .Did you recieve a copy of the N.O.A and if so post up same?

 

Use Photobucket for the above. (remove all personal details first)

 

And here is your response

 

Post this to the Court and to the Claiments Sols Next day Gtd Del

 

Its time to crank up the pressure

 

 

 

 

 

 

 

 

 

For the Attention of the Case Manager

in the matter of

 

 

 

CL Finance

 

V

 

CurioDebs

 

 

Claim Number

 

In Northhampton Court

 

 

 

 

 

Northhampton County Court

4th Floor St Katharines House

21-27 St Katherines Street

 

 

 

Your Address

 

Dear Sir or Madam,

 

RE: FAILURE BY CLAIMANT TO PROVIDE INFORMATION

 

I would like to inform the court of some difficulties that I am experiencing

with this claim, which may prevent me filing a fully particularised defence

and counter claim to this action, and may consequently frustrate proceedings.

 

On insert date, I sent the claimant a formal request under the consumer credit agreement, for account. I requested a copy of the credit agreement, a statement of account, and copies of the relevant terms and conditions. I have still not received this information.

 

On insert date, I also sent a request under the Civil Procedure Rules, for the claimant to send me information in respect of each account in the claim, that I consider is vital in order to produce a defence and counter claim.

 

I enclose a copy of this letter and Reply, and ask that the court consider the matter and take any action it deems appropriate.

 

 

Yours Sincerely,

 

(print Name)

Enc:-letter requesting disclosure.CPR 18/copy of Solicitors Response

 

 

 

I trust the above is of help

 

Regards

Andy

;)

Edited by Andyorch

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Thanksagain Andy...I'm on the case!! I have never recieved a N.O.A. I am going to look for the default...I think that was sent to me by GE ages ago will post up later on.

 

Will get letters in post today and await a response!

Feeling loads better already!! ;)

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Debs

 

BTW did you contact Court re Plea (you can PM if you prefer) and can you confirm your deadline for defence submission?

 

 

Regards

Andy

We could do with some help from you.

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Contacted court re changing plea and I was told it doesn't matter if i ticked part of debt I can still enter defence of all and counter claim. I must submit defence by 12th July.

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Ok Debs

 

Ok all bases covered for now if you do get chance please post up copy of default notice (remove personal details).

In hindsight i would not attach a copy of the Sols letter for the Courts attention at this stage, I have my reasons.But ammend above letter to their response ie include the section where they state " You have also made a request for information under the Civil Procedure Rules. We are not obliged to provide this information and would advise that the particulars of the clam detailed in the county court form be sufficient to allow you to respond accordingly"

 

(Apoligies if you have already printed out)

 

Regards

Andy.

Edited by Andyorch
addition
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We could do with some help from you.

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Hi Debs

 

Dont worry it will be fine was just a thought i had but its ok lets proceed as planned

 

Andy;)

We could do with some help from you.

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Thats fine Debs btw thank you for your kind comments and rep glad to be able to help. I think it's so important where possible, to help others. If you have knowledge the best thing you can do is share it

 

Try not to let this stress you out, easier said than done I know, but life is too short to make yourself ill over a debt. If you can, try and compartmentalise, so that you only think about it when you have paperwork to deal with concerning the case. The best thing you can do for yourself and is get on with life and not let the likes of C L Finance occupy your thoughts and grind you down. There is a lot to be said for not worrying/panicking, as it really is counter-productive to resolving an issue. There is always, however difficult a situation might appear to be, a logical/rational solution to the problem.

 

With your case, you have to put forward as many strong arguments as you can to either make C L Finance run away, get rid of the debt in entirety, or reduce it to £5. Not all companies have the stomach for a full on Court battle, so this might be over before you know it!

 

I trust the above clarifies your concerns

 

Andy:)

We could do with some help from you.

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Hi Andy!

 

Good advice...will try best to chill tonight now. Well after exhaustive paperwork search only default notice I can find is one by GE from Feb this year:

 

courtpaper2.jpg

 

 

Hope this helps...we can (PM) tomorrow if you have any more thoughts on the situation. Cheers, Debs :)

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Hi Debs

 

Sorry for the delay in my response.Ok on the face of that it looks fine with reference to the perscibed terms form and layout.

However there might be other faults with it, given that penalty charges were added after it was issued ,therefore rendering it invalid and unenforcable.

I notice a figure of £1242.58 this is the arrears figure.Does this tie in with your full debt balance less penalty charges /interest?

Did the DN have your correct full name and address and postcode?

 

You have a further very strong argument at your disposal, that will cause them problems. You should have been issued with a Notice of Assignment(NoA). If you didn't receive it and they issued proceedings having not provided you with it, they cannot enforce the debt. If you did receive one chances are it will be flawed and again, they won't be able to enforce the debt. One example of it being flawed, would be if the penalty charges have been included in the amount being requested and/or any other charges levied by the owners of the debt, that there is no provision for in the contract. It must clearly state on the letter that it is a NoA also. If they can't get past the issues to do with the NoA, then forget about having to argue about the agreement, the case will be over before it starts. Notice of the Assignment is absolutely vital, to comply with s136 of the Law of Property Act 1925, which deals with assignments.

The NoA /DN are your strongest argument and I would be very surprised indeed if they prove to be enforceable. Companies screw up with paperwork most of the time and NoA's are no exception!

 

I am aware that you have requested CPR disclosure and requested a copy of your CCA1974 within that request but to make sure all bases are covered i would request same again seperatly from CL finance Sols.

I know its a bit like closing the stable door after the horse has bolted but we need to have this request on file in preperation for your defence.

 

You will find the template here http://www.consumeractiongroup.co.uk...templates.html

 

letter N ,include a PO for £1.00 dont sign the letter, head the letter

 

I Do Not Acknowledge any Debt to your Company

 

Send G/Delivery ASAP

 

 

 

I hope the above is of help

 

Regards

Andy;)

Edited by Andyorch

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Hi

 

I am battling against this lot as well, they sent same reply to my cpr request and have ignored 2 court orders to disclose information. Have a read through my thread as I have been given some great advice. Hope it's helpful.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131823-cohens-cl-finance-claims.html

 

Good luck

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Hi Andy

 

The arrears on the default are all the charges and interest they put on the account that mounted up over the months they were ignoring my requests for temp payment arrangement!! The balance before all of this started was about £2300/£2400 ish then came the snowball of interest and charges.

 

DN had my full correct name and address, well it didn't include my middle name but thats all I can see.

 

If the default notice arrears were taken off the total balance it wouldn't be far off my figure.

 

Going to look for that NOA, if it likely to look more like a letter it will be in a different part of my filing system (lol...yes I do have one albeit in a bit of a pickle).....

 

Kind regards, Debs

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Hi Andy

 

Well it looks like they did send NOA only couldn't see it before as it is a very small box at bottom of a letter! First thing I did notice was they start calling me Miss D ***** and not Miss Debra ***** is this relevant? Will leave this to your expert eye and see where we go from here:

 

courtpaper3.jpg

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Ok debs

 

Thats fine but as i pointed out in my earlier post the NOA contains penalty charges and therefore renders it invalid.Have you recieved a DN from these muffins since they aquired said debt? did you maintain any payment also on the assignment? When was the last payment and to who?

 

Regards

Andy

We could do with some help from you.

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Well I agreed to pay GE £50 per month and was paying them, then all of a sudden my account switched to these lot....I paid one payment to them of £100 to bring the account up to date. I held next payment back a bit as I was concerned about who they were and what had happened to my account (mistake i know!) then I received a statement saying £50 due immediately on account and next thing I know was the claim form...without a DN or contact by them at all!!

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Ok so they have issued legal proceedings with an Invalid N.O.A and not issued a DN . Excellent.

Thats all we need for now Debs i will start to draft a Defence for you over the weekend should I require anything else i will post.

Dont forget to post out your request for your CCA to CL finance this is importance as i will need to make reference to it in your defence.

Keep all proof of reciepts and papertrail on all communications.

Oh and btw dont worry and have a nice weekend.

 

 

I trust the above is of help

 

Regards

Andy;)

We could do with some help from you.

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Hi, just adding my bit, the DN is also flawed because it gives you 14 days to remedy from the date on the letter, you couldn't possibly have received it on that day therefore invalid.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Thanks for that Debs every little helps as the shopping giant says.Thanks also CCM for your input yes i had already spotted the date.

CL Finance had no intention of ever entering into an amicable finacial relationship with you and have acted vexatious in bringing the claim.They do tend to buy a lot of unenforcable debts from their sidekicks GE Money.

Dont forget the game isnt over till the fat lady sings:rolleyes:

 

 

Regards

Andy:)

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BTW CCM

 

The Default Note in question is irrelevent anyway it was issued by GE Money in March 2008 not CL Finance.

 

 

Regards

;)

We could do with some help from you.

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