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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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    • 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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MBNA/Restons claimform - old A+L Card **WON+COSTS**


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so do i have a good case. they have never mentioned the first one. They have confirmed it is terminated and the second one looks nothing like the first. Whats more they have failed to comply with CPR and SAR so have MBNA so i cant prove that there is an agreement in place.

Plus the Clause 3 to clause 8 has changed.

What about the faking of documents on there part. is that not an offence by them.

I still need help as Im going to court soon and i want to put a good argument to the judge.

Thanks for all your help so far.

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So whats in the courts order?, do you have to prepare a witness statement? for instance

 

THey are applying for summary judgement and court date is 20/3/09.

 

So I am going and defending the application for summary judgement. (see post 183) ,however i dont know how nor the case law relating to the DN and the faked 2nd DN

 

Do you have ant info that they should only serve one DN and even that first one was not served correctly in prescribed terms ie the dates are wrong

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they are claiming the whole amount on POC but on 2nd DN the amount to rectify is shown £1601. THe balance was on the first DN £11262 but removed on the 2nd.

Does that mean anything? They confirm that account terminated in post 186

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excellent the 1st DN as you say does not give you 14 days to remedy, so was incorrectly served, they can only issue one DN

 

Whats more you have proof that restons are trying to pass off a fake DN, as being a copy of the original:D

 

Just to make matters worse for themselves they have confirmed the account was terminated following your failure to remedy, so,

 

1 only the first one counts

2 confirmation of termination

 

So they couldn't (if they had a mind to) submit that the later one was valid

 

CCM is correct - they cannot argue against their own argument – the original DN states that the agreement will be terminated therefore the second DN is irrelevant – the original DN is flawed due to not allowing you the statutory period for remedying any breach stated in the DN – the statement is also inaccurate if there isn’t a clause 3 in the alleged agreement and this adds to the invalidity of the DN.

You will need to respond by a witness statement I think and in the witness statement you need to request the claim be struck out – hopefully someone can help you draft the witness statement.

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You will need to respond by a witness statement I think and in the witness statement you need to request the claim be struck out – hopefully someone can help you draft the witness statement.

 

Do i prepare that for the hearing on 20/3/09 when they are going for summary judgement? Would I have to serve notice on them about my intention?

If it is struck out is that it or do they just alter it and redo the claim.

Thanks for the info.

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I dont know the procedure either when it comes to SJs, that's why i asked above, what does it say in the order?...or click the red triangle to alert a site team member

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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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I dont know the procedure either when it comes to SJs, that's why i asked above, what does it say in the order?...or click the red triangle to alert a site team member

 

Thanks anyway, appreciate all your help. if i click on red triangle it says this is only for rpeorting spam or fighting. is it ok to do that

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I dont know the procedure either when it comes to SJs, that's why i asked above, what does it say in the order?...or click the red triangle to alert a site team member

 

Its in post 182 and the application form in section 3 under CPR 24

 

Cheers

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Yes its no problem clicking the red triangle, all it does is bring the post to the attention of the site team, for whatever reason

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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If it gets struck out, its EXTREMELY difficult for them to resurrect it....they would have to get the courts permission, and you of course would object!

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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.

 

THey are applying for summary judgement and court date is 20/3/09.

 

So I am going and defending the application for summary judgement. (see post 183) ,however i dont know how nor the case law relating to the DN and the faked 2nd DN

 

Do you have ant info that they should only serve one DN and even that first one was not served correctly in prescribed terms ie the dates are wrong

 

Hi fairbyblue

 

It amazes me that Restons (and other similar scumbags) continue to use the same cr@p arguments when they know full well they are in the wrong.

 

They tried exactly the same thing with me before they had to give up (discontinued at the last minute) after I used the invalid DN angle in my defence (noticed by and defence provided by pt2537). They also tried to seek permission from the court for time to re-issue the DN and re-start the proceedings from that point on.

 

Have a read of letters 1 and 2 at this post, in which they actually admitted they could not win as matters stood because of the invalid DN (less than 14 clear days allowed, as in your case).

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended-14.html#post1527558

 

As things stand, if you stick to your guns and submit the right arguments you have the same chance of beating the barstewards that I had!

 

Cheers

Rob

Edited by robcag
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with details blanked

P1.jpg

P2.jpg

P3.jpg

 

 

When is this in court ?. Note, it says at the bottom of the claim form that Witness statement is to be served on Restons 7 days before the trial.

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FB

 

I am a bit confused. The normal procedure is:

 

1. Claimant files claim in court

2. Claim is served on the defendant

3. Defendant files and serves defence

4. Clamant and defendant submit AQs (possibly with draft order for directions ,eg further information, strike out)

5. Court allocates case to track and sets date

 

Where are you in this process?

 

 

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FB

 

I am a bit confused. The normal procedure is:

 

1. Claimant files claim in court

2. Claim is served on the defendant

3. Defendant files and serves defence

4. Clamant and defendant submit AQs (possibly with draft order for directions ,eg further information, strike out)

5. Court allocates case to track and sets date

 

Where are you in this process?

 

I sent in the AQ last week, that had to be returned by the 9/3/09 to the court. with draft order asking for docs that they rely on and strike out if they dont. (As per post 155,156 and 157.) That was sent in on 4/3/09. On 6/3/09 I recieved the notice of application of hearing asking for summary judgement and that if i rely on written statemnts to submit it to Restons by at least 7 days before court date.Restons had applied on 2/3/09 thus preemptimg me submitting my AQ.

Please help as I dont want to lose, they are charging on and dont seem to care about dates and i feel seriously disadvantaged.

Edited by fairbyblue
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Did you receive the above notice of application from the court or direct from Restons ?

 

 

Can someone take a closer look at the form please, I would hate to think that the OP is being scammed by Restons.

Edited by citizenB

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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Did you receive the above notice of application from the court or from Restons ?

 

I notice that this has actually come from them.

 

Can someone take a closer look at the form please, I would hate to think that the OP is being scammed by Restons.

 

It came from court. Here is doc that came with it

P08.jpg

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Aha, ok. In that case, you have just a couple of days to get your witness statement organised and to them by the 13th.

 

You have quite a few CAGers who are helping you sort this so you should be well ready.

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Aha, ok. In that case, you have just a couple of days to get your witness statement organised and to them by the 13th.

 

You have quite a few CAGers who are helping you sort this so you should be well ready.

 

Cheers. as its getting to squeaky bum time does anyone have a witness statement template.

The main points i want to get across is

1. The dN was incorrectly served on 18th june not giving enough time to remedy. The clause 3 refers to late charges and not repay full amount.

2. On or after 'that date ie 1/7/08/ the agreemnt will be terminated and will take court proceedings. See post 185

3. The confirmaton of the termniation

Test2.jpg

4. The 2nd default notice dated in october 2008 is not copy of original, dates are different, clause is different and amount is same but balance removed.

I need case law to show the they can only serve one DN and they confirm account terminated.

5. The DN is not copy of original sent to me i.e. the first one in june, and they are relying on a document that has been altered.

6. Restons have failed to comply with CPR 31.14, CCA and SAR.

7. MBNA have failed to comply with CCA and SAR

 

I need help to formulate it and get it down on paper so i can drop it off at Restons by 13/3/09.

 

Help

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Cheers. as its getting to squeaky bum time does anyone have a witness statement template.

 

The main points i want to get across is

 

1. The dN was incorrectly served on 18th june not giving enough time to remedy. The clause 3 refers to late charges and not repay full amount.

 

2. On or after 'that date ie 1/7/08/ the agreemnt will be terminated and will take court proceedings. See post 185

 

3. The confirmaton of the termniation

 

4. The 2nd default notice dated in october 2008 is not copy of original, dates are different, clause is different and amount is same but balance removed.

I need case law to show the they can only serve one DN and they confirm account terminated.

 

5. The DN is not copy of original sent to me i.e. the first one in june, and they are relying on a document that has been altered.

 

6. Restons have failed to comply with CPR 31.14, CCA and SAR.

 

7. MBNA have failed to comply with CCA and SAR

 

I need help to formulate it and get it down on paper so i can drop it off at Restons by 13/3/09.

 

Help

 

Oh fantastic, they have messed up on the clauses.

 

Pompeyfaith has the same issue with MBNA. Perhaps it might be a good idea to link him to your thread and see if he has any advice. I will go and pop a link over there for you.

 

I have popped a link to your thread for pompeyfaith and here is the link to his posts, from 567 you need to read.

http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-57.html#post2027934

 

Robcag has also offered to share his WS with you in the following post.

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi FB

 

If you PM me your email address, I'll email you my WS, which hopefully might give you an idea or two.

 

When I was in court when Restons were applying to re-issue a correct default notice and re-commence proceedings to their suggested schedule, I verbally argued against that, stating that as the account had been terminated then that should be the end of it as they could not default and terminate something which did not exist.

 

I think I described in my account of the court appearance that the Judge seemed to consider this but she did not actually make a ruling on it. There was some discussion about that point in my thread as there has been elsewhere, but as Paul (pt2537) and others have said, if they are allowed to re-issue corrected DNs willnilly then the matter could go on forever.

 

Cheers

Rob

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