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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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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I am having a problem with a local council bailiff over a parking ticket i did not receive, first i knew when a bailiff turned up, wedged his foot in my door and demanded entry. i refused and he called police who told me i must let him in....to cut a long story short, penalty charge of £40 now upto £1499.00 and the bailiff has returned and taken my work vehicle, he now tells me i can work self employed as a MOBILE auto electrician using public transport.

 

Who has the legal knowledge to take on these thugs

 

many thanks:shock:

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I am having a problem with a local council bailiff over a parking ticket i did not receive, first i knew when a bailiff turned up, wedged his foot in my door and demanded entry. i refused and he called police who told me i must let him in....to cut a long story short, penalty charge of £40 now upto £1499.00 and the bailiff has returned and taken my work vehicle, he now tells me i can work self employed as a MOBILE auto electrician using public transport.

 

Who has the legal knowledge to take on these thugs

 

many thanks:shock:

 

Search the site for a member called WWOW he's a pilot who's just fought & won a very similar case as yours bailiff forced entry with the complicity of the local police etc

 

Also look for tomtubby

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Thread moved to Bailiffs Forum.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Unfortunately the bailiff will have a warrant of execution issued by normally Northampton county court, thus not giving you a great deal to defend, however having said that those fees are well and truly extortionate and the very most i would expect 1 parking ticket to ever get up to at the maximum is about £370 ish give or take a tenner so i would think you would have a case for unfair fees here!!

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This is simply awful. A bailiff charging this figure should be the subject of a Form 4 complaint. If this is a local authority bailiff....I suspect I know which company !!!

 

I have sent you a pm.

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Unfortunately the bailiff will have a warrant of execution issued by normally Northampton county court, thus not giving you a great deal to defend, however having said that those fees are well and truly extortionate and the very most i would expect 1 parking ticket to ever get up to at the maximum is about £370 ish give or take a tenner so i would think you would have a case for unfair fees here!!

 

A warrant of execution does not give the right of forced entry. Only an order of the court, very rarely granted & only after all other avenues have failed, would do that

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Good answer Jon but is should be noted that the right to forced entry is very rare (although our office did have one such case yesterday ) but the right ONLY applies to unpaid Magistrate Court Fines ie: a criminal offence where a fine has been handed out for instance:

 

Driving without insurance (very common)

Driving without car tax (very common)

No TV licence (have only seen 2)

Theft/shoplifting (quite a few)

Using a mobile phone while driving (lots of these)

Failing to send you child to school ( 2 cases)

 

Also a bailiff can force entry is there is a valid walking possession and the account has defaulted. That is why I will always say.....never let a bailiff into your home and never sign anything at the door.

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Yes,,,,

 

I have pmdd you.

 

So why dont you post it up for the benefit of ALL CAG users

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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A warrant of execution does not give the right of forced entry. Only an order of the court, very rarely granted & only after all other avenues have failed, would do that

 

 

Please note nowhere in my post did i say it gives the bailiff the right to force entry!!!!

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Unfortunately the bailiff will have a warrant of execution issued by normally Northampton county court, thus not giving you a great deal to defend, however having said that those fees are well and truly extortionate and the very most i would expect 1 parking ticket to ever get up to at the maximum is about £370 ish give or take a tenner so i would think you would have a case for unfair fees here!!

 

Kermit. i see you are also infer the "northampton county court" issue the warrant, is it not the ticket office at the same address as the court, but nothing to do with the county court?

 

please correct me if I have been wrongly informed.

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The LA (Local authority ie: the council issue the parking charge notice (PCN)

 

The final part of the enforcement process is when the Warrant of Execution is issued. This is the LEGAL document provided to the bailiff to enable him to pursue you for the debt.

 

This is issued at the Traffic Enforcement Centre which is "attached"to Northampton County Court. In reality it is more of an admin centre.

 

By the case being transfered to TEC it is NOT a County Court Judgment.

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The LA (Local authority ie: the council issue the parking charge notice (PCN)

 

The final part of the enforcement process is when the Warrant of Execution is issued. This is the LEGAL document provided to the bailiff to enable him to pursue you for the debt.

 

This is issued at the Traffic Enforcement Centre which is "attached"to Northampton County Court. In reality it is more of an admin centre.

 

By the case being transfered to TEC it is NOT a County Court Judgment.

 

Indeed 100% correct, thanks TT

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which council issued the ticket & find out when

 

which bailiff co (not the bailiffs name)((Tom T can check the bailiffs certification out))

 

check when TEC issued the warrant (only valid 1 year)

 

 

sounds like you have every right to file a statutory declaration at TEC

 

 

a £40 ticket would end up at £120 with a £5 court fee

 

background to pt 4 complaints & links to the forms here London Motorists Action Group - Bailiff Certification Complaints Process

 

do some research & get your ducks lined up before sending off the forms... :)

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tut another bailiff with 'big foot in the door syndrome'

As I have found out this is an illegal procedure, I'd get a form 4 sent asap.

I would also write to the council who is in charge of the PCN stating what the bailiff did and what he was charging, they are oblidge to investigate the matter also

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Form 4 already sent last month. problem I have now is i need to do the N244 today as bailiff has already put my vehicle in an auction. can someone with experience PM me with a contact number and i will call them back.

get onto the bailiff company and get the car taken out of the auction, tell them what you are doing and ask them to put any proceedures on hold until you have sorted this out, if they are in the wrong then its gonna cost them in the long run

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