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    • dx100uk
      Santuary Housing

      By dx100uk · Posted

      go do a Direct Debit Guarantee Clawback to your bank if you've now got control of his bank account finny.
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      Hello, Just to check I understand things right, he moved to a nursing home, you then kept paying the rent for a period of time whilst you sorted his belongings. You have asked to give notice and asked for backdated payments of rent from when you first asked which went ignored? They are still taking rent payments.   Have I understood correct?   If I've got anything wrong please correct me.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      I contacted Sanctury housing in August 2023 after informing them my father in law who had Dementia had moved into a Nursing home December 2022. We kept the flat for 8 months until such a time we could accomodate some of his furniture that my wife wanted to keep. I contacted them in August 2023 to let them know the situation by email as I was the named person that could speak on his behalf. I informed them that we had left it to late for POT and were seeing a solicitor for Deputyship of his financies. I asked them what information would they need in order to give notice on the flat and we could provide details of his condition and nursing home. This went ignored I left it a month and then called them October 2023. I was promised a call back from a manager over the next few days. This never happened and it was end of November when I contacted them again and they had no record of me calling them. I explained the email and again I was told the local manager to the area would call me. This never happened and I ended up emailing them in January 2024 with a copy of the email from August. Again this went ignored and I had explained to them that we couldn't just go to the bank and stop the DD as we had tried. This email again went ignored. I then had a letter written to our home address in February asking us to get in contact with them (local manager) as they were concerend nobody was living in the flat. He had an email address so I copied in the last 2 emails to say I had been trying to give notice since August 2023. I also stated that I would like the rent that was paid from August 2023 refunded back to his account as I had officially tried to give notice then and it went ignored. He replied to us about wanting to look at the flat then notice could be given once he had contacted the nursing home to confirm he was actually living there now. Notice was giving for the 22 March 2024 and this would be when rent would stop and no further payment would be taken by this point. The fact I asked to be back dated went ignored. I have since noticed on 2 banks statement for April and May that they are still taking Rent payments of £501 from his bank. Further to this which seems very strange. He was with Eon Next for his utility bill again we were having problems getting this stopped as they needed a named person on his account which there wasn't one despite me managing his online account for him. I didn't check the email address that often that I used to set it up and went to check as noticed the credit he had built up with not living there was all getting refunded in February. The email said £600 would be refunded to his account with a (sorry you are leaving us message) but how can he leave as nobody but himself had access to speak with them. I also noticed the lady in the flat above him had a letter from her bank sent to his address with his address details but his name which was dated 4th March well before we had given notice and it said (thank you for giving us your new address details) we have set all this up for your account.   So Sanctuary housing must have been aware he wasn't living there from the ignored emails for the lady above to start changing address details to move into his flat before the housing manager had even got in contact to ask if anyone was living there. What I basically want to know his do we have any legal standing to claim the rent back from when I first contacted them in August 2023? There is roughly £3000 to come back  
    • dx100uk
      Debt advice

      By dx100uk · Posted

      lowell letter = we've mugged you once - why are you not paying this other debt....😎
    • dx100uk
      Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form

      By dx100uk · Posted

      i see you are posting this all over the internet too. here you say it was returned by the safety camera dept UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please? WWW.FTLA.UK UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please?  

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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

fairbyblue

By fairbyblue
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tiokim

tiokim

Posted
Posted

I think you should not hold to much on the point that the account has changed numbers. It may be totally legal, if the contract allows them. Your best defence is to insist that the account or contract was terminated before the second DN was issued so is not valid. You can use that last Restons leter to prove what it says about DN: Your account was terminated because you failed to comply with DN. That was true with the first one the same way.

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Out4Revenge

Out4Revenge

Posted
Posted

Just wishing you good luck for today, not that I think you'll need it, the timing of the DN's and the acc No change seems to prove the 1st acc was closed so they opened 2nd acc to re-issue a valid DN, sry if this has been covered.

GOOD LUCK

Jimi

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citizenB

citizenB

Posted
Posted

Good luck for today FB. :)

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bazaar

bazaar

Posted
Posted

Even if the second DN came before termination, which account was terminated?? did you sign up for the second account. We need to know which account they terminated, was it the first one with the faulty DN that they clearly admit? Did they terminate the second account which you'd need proof of signature.

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robcag

robcag

Posted
Posted (edited)

Hi fb

 

I wholeheartedly agree with everyone above who has said the main point of your argument revolves around the first DN and its resulting termination.

 

I know you can see the logic of that, but try and make sure you've got your head around all the arguments/explanations/points put forward by surfaceagentx20 and several others.

 

The more you can fire back to the Judge against Restons pathetic pleading that it is OK to issue a second CORRECTED DN in a reasoned way, the better!

 

You probably already know you have to call the Judge Sir/Madam. Try not to rise to the bait and thump the barrister ;), just keep your cool and be as polite as you can, and you also probably know not to discuss the case with him/her before you go in to the room. If approached just tell them you are willing to listen to them, but you will not discuss matters.

 

Cheers

Rob

Edited by robcag
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citizenB

citizenB

Posted
Posted

 

You probably already know you have to call the Judge Sir/Madam. Try not to rise to the bait and thump the barrister ;), just keep your cool and be as polite as you can, and you also probably know not to discuss the case with him/her before you go in to the room. If approached just tell them you are willing to listen to them, but you will not discuss matters.

 

Cheers

Rob

 

But you can accidentally on purpose run over him with your wheelbarrow on the way out :p

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MARTIN3030

MARTIN3030

Posted
Posted

Looks like its this morning.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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fairbyblue

fairbyblue

Posted
  • Author
Posted (edited)

I'm back !!!!!. Well what a bit of a farce. Get there in plenty of time as the hearing is 10.40am at 10.30am this chinless wonder Mr XXX appeared on behalf of Restons he intoriduced himself to me and said he was applying for an adjournment as there is 'insufficent time' for the case to be heard as i had submitted a detailed statement. I told him that i objected mostly strongly to this. so he went away to read his "Law for Dummies" book.

 

We go in at 1045hrs and Mr Tarquin-farquar-farquar-winchester-xxxx for the claimant pipes up and says because i submitted a 6 page statement they cant deal with it today as 20 minutes is not long enough. I said i submitted it 'as was their application for summary judgement"

The judge agreed. So i thought 'Boll0cks to this' so i piped up " I have fully complied to the request to submit my statement to them 7 days prior and i am ready to go, in fact they have indicated to the court that I have no defence and they cannot see how I can go to trial in attempt to mislead me and or the court.

Judge says she has read the my statement and its are comprehensive but she agreed 20 minutes was not long enough. So Mr chinless -wonder -xxxx then asked for adjournemnt and for 1 hour of alloted time, she asked him if that would be enough would 2 hours be better? He said 1 hour would be enough. I then chipped in " if they had of waited for the allocation questionnaire without ploughing on for summary judgement they would of seen I had asked for 3 hours.

 

She adjourned to next available date !!!!!!

 

I then pointed out that i had recieved email from Restons yesterday that if i did not agree to adjournemnt because of insuffienct time they would be seeking costs. The judge was put out by that and said "Its not up to them to decide that is my decision"

 

So there we have it none of my points were tested. My powder is dry and in fact i will collect a bit more ammo before the next date.

 

Next question, can they now submit a further statement or do they have to rely on the one with all the hearsay in from Powell from MBNA that i recieved from them yesterday.;)

Edited by fairbyblue
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Viscount Stair

Viscount Stair

Posted
Posted

I didn't think it would get dealt with today - although I guess I hoped you might get a little further with the argument that it was completely unsuitable for sj in the first place.

 

I think there is probably the opportunity in practice (if not in procedural theory) for both of you to serve further statements and, in particular, a little reply dealing with the points made in yesterday's statement would not go amiss at all.

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creditcardmug

creditcardmug

Posted
Posted
The good thing though is I've learnt alot and am more confident. It isnt a place to frightned of and am looking forward to the joust next time.

 

Good for you, you will be an even more formidable adversary from here on...well done

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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citizenB

citizenB

Posted
Posted
The good thing though is I've learnt alot and am more confident. It isnt a place to frightned of and am looking forward to the joust next time.

 

Well done FB. I guess it was inevitable that it would be adjourned. But as you say, you have gained confidence because of it. Also, Restons will now realise you are on the ball. :D

 

I would think that if they change their original defence then you will be able to respond.

 

All you have to do now is make sure all your arguments are watertight, so in effect this has given you a bit more time to counter anything they chuck at you.

 

I am pleased that the costs issue was squashed by the DJ:D

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

Uploading documents to CAG ** Instructions **

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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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fairbyblue

fairbyblue

Posted
  • Author
Posted

I am pleased that the costs issue was squashed by the DJ:D

 

Well up to now its cost them a barrister to something i could of agreed to, without the need for him to attend. So s0d 'em. The judge adjourned to next available date so not the next date after 28 what they wanted.

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robcag

robcag

Posted
Posted

Well done fb

 

At least you stuck up for yourself and didn't just sit back and listen to the small talk between the Judge and the barrister ;)

 

IMHO, as this was an unwarranted SJ hearing called by Restons, which they then changed their minds about because they realised it wasn't going to be the walkover they foolishly hoped it would, then to my mind you had an unnecessary trip to court and they should have had to pay your costs for today.

 

A shame really, at least my Judge realised that and awarded me costs for the day without even asking.

 

Cheers

Rob

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decker

decker

Posted
Posted

Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

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humbleman

humbleman

Posted
Posted
Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

 

Really, would love his contact details

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fairbyblue

fairbyblue

Posted
  • Author
Posted
Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

 

And whats one of them?

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