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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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      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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Cl Finance/howard Cohen/barclaycard ***WON***


shammy36
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Thought so – I would seriously doubt it if the OC sent out a valid NoA to any of us – I know Cohens have just issued a shed load of N1’s – I’m subbing to a few threads.

They would be unbelievably stupid to proceed with a court case under these circumstances and if they did they could be in a heap of trouble – not gonna say too much at the moment because I’m trying to get my head round where I stand.

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It would be nice to get an opinion on this from pt or x20 , i bet they would have a few things to say about this shower !!!

 

Sham

 

Sham, x20 has dissapeared of the radar unfortunately for us,and paul is always busy these days, although i know he looks in at every opportunity, so we are are having to work as best we can.

 

Regards CCM

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 think PT is fully aware of the implications of this type of NoA.

I read your thread CCM – very inspiring and very helpful.

I don’t want to blow it yet by posting something that isn’t factually correct – not that that normally stops me LOL!

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Hi ccm,

 

I did hear that x20 had gone awol , thats a big blow to all on cag.

 

I just think that there must be some hard legal legislation that can be used against these crooks ,i did read that the BBC was sniffing around the lewis group and cohens , and i also wonder what northhamton cc think of these tactics , as the lady i spoke to did say that she could not belive they were trying this on !!

 

Sham

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Hi ccm,

 

I did hear that x20 had gone awol , thats a big blow to all on cag.

 

I just think that there must be some hard legal legislation that can be used against these crooks ,i did read that the BBC was sniffing around the lewis group and cohens , and i also wonder what northhamton cc think of these tactics , as the lady i spoke to did say that she could not belive they were trying this on !!

 

Sham

 

Ive had a few approaches on here from ch4/bbc etc, but im concerned about revealing my identity, so haven't done anything.

 

If you are interested in exposing some of these (edit) it all appears to go thro one of the mods (alanfromderby), so contact him, most of us could write a book about all this, but, can you cope with the consequences?

 

i know for sure one of them are specifically looking at the cattles group from hull, who are ultimately behind Lewis/C L/Cohen/Welcome, Its all the same company, BTW they recently fired one third of the workforce FYI.

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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  • 3 weeks later...

Hi All,

Just a quick update , i have heard nothing from the court as yet.

 

I submitted my defence on the 2nd of feb and was wondering should i phone the court or just wait it out.

 

Regards Sham:)

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Hi All,

Had my AQ yesterday its a n149 (04.08) form.

 

Just looking at pts sticky and have printed off his suggestion for the other info section of the form.

 

Just wondering if i should also add the draft order for directions as well , even though there is no section for this on my n149 (small claims track) form.

 

Thanks in advance

 

Sham :)

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Hi shammy, i would use these directions,

 

Draft Order for Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) deliver to the Defendant a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing.

(b) the default notice together with proof of service

© notices of assignment together with proofs of service

(d) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and

 

4 The Defendant shall be at liberty to file and serve a consequentially Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

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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Hello ! New to this site and advised to ask questions here ! I wrote to MBNA some two months ago asking for a copy of my original credit agreement as per normal rules s.77/78. Heard nothing. Account in dispute letter sent. Heard nothing. Then got a letter from CL Lewis. 3 emails. 1 letter later heard nothing. Then this morning received court papers from Howard Cohen solictiors issued by northampton county court. Phoned Howard Cohen and explained above in more detail. They said to quote 'nothing to do with us now its down to the court what they do to you' !!!!!! Where do I go from here ??!?!? this wasn't in the script !!! actually quite worried now !!!! court !!!!! Any help/advice please ??!?!?

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Hello ! New to this site and advised to ask questions here ! I wrote to MBNA some two months ago asking for a copy of my original credit agreement as per normal rules s.77/78. Heard nothing. Account in dispute letter sent. Heard nothing. Then got a letter from CL Lewis. 3 emails. 1 letter later heard nothing. Then this morning received court papers from Howard Cohen solictiors issued by northampton county court. Phoned Howard Cohen and explained above in more detail. They said to quote 'nothing to do with us now its down to the court what they do to you' !!!!!! Where do I go from here ??!?!? this wasn't in the script !!! actually quite worried now !!!! court !!!!! Any help/advice please ??!?!?

 

You need to go to the legal issues forum click here and then click new thread.

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  • 2 weeks later...

Hi ALL,

A quick update on my saga with CL.

 

Had the unless order back from my local court , they have until the end of the month to give me everything i have asked for in my draft order for directions (kindly supplied by ccm:D) so we will have to wait and see what these numptys come up with , if anything !!!

 

best regards

 

Sham:)

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Hi shammy

 

This is looking very good for you. My Unless Order has just expired with no response. It is on the end of x20’s thread, page 10.

 

I received my N1 in October 08 and followed x20’s advice with an N244 for an Unless Order and did not file a Defence. Your way seems to have worked out much quicker.

 

Would it be possible for you to post what you used as your Defence?

 

Here’s hoping you don’t get a response either.

 

Regards

SC

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