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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
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MINT is cca enforcable?


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anyone got any thoughts as to the reply to my amended defence in post 121?

i wonder if they are looking in particular at the set aside being incorrect procedure and will try n get it thrown out on that front? as a LIP am i not afforded leeway here and anyhow CPR part 12 as in post 122 (2.2), i didnt file a defence?

 

thanks

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Hi R&B,

 

IMHO the business about getting judgement set aside being wrong procedure smacks of trying to unsettle you.

 

It's my interpretation that if you have not submitted a defence previously then you ask for a set aside in order to be able to do that and take things back to square one...

 

If however you had submitted a defence and they got a judgement against you that would be when you would need to appeal... but that's just the way I've interpreted it..

 

As far as an application to withdraw your admission is concerned it's not something I've ever heard of... perhaps IGNM can help on that one, is he around?

 

Spam

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They say money talks......mine just keeps saying "Goodbye"

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Hi R&B,

 

IMHO the business about getting judgement set aside being wrong procedure smacks of trying to unsettle you.

 

It's my interpretation that if you have not submitted a defence previously then you ask for a set aside in order to be able to do that and take things back to square one...

 

If however you had submitted a defence and they got a judgement against you that would be when you would need to appeal... but that's just the way I've interpreted it..

 

As far as an application to withdraw your admission is concerned it's not something I've ever heard of... perhaps IGNM can help on that one, is he around?

 

Spam

 

 

anyone got any thoughts on spams last point about application to withdraw the admission presumably on the original claim, as stated in their reply, point 2.3 of first page above post 121?

is the case that i should have done so, or that i dont deny the debt but challenge the enforceability thereof?

also is there an issue with the procedure of asking the court to set aside when its a non default judgment? i submitted no defence but admitted the debt on the claim.

thoughts appreciated.

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Hi R&B,

 

I have found this which may or may not be of help.

 

PRACTICE DIRECTION – ADMISSIONS - Ministry of Justice

 

From first reading it looks as though you have the opportunity to withdraw admission prior to judgement...I'm just gonna go back over it again to check.

 

Spam. :)

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Hi R&B,

 

I have found this which may or may not be of help.

 

PRACTICE DIRECTION – ADMISSIONS - Ministry of Justice

 

From first reading it looks as though you have the opportunity to withdraw admission prior to judgement...I'm just gonna go back over it again to check.

 

Spam. :)

 

cheers spam ill have a gd look appreciate it.

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Hi R&B,

 

I've been having a scout around but I can't come up with anything helpful other than I think they are trying to rattle your cage... obviously I am in a similar boat to you but haven't had any hearings yet so this turn of events could be important to my case too:eek:.

 

As far as I can see with regards to withdrawing an admission it is only relevant prior to judgement being granted.. i.e you admit to the claim then realise you've made a mistake for whatever reason and apply to the court to withdraw your admission and submit a defence. I'm not sure if you would have to apply to withdraw it if the judgement stands set aside and the claim goes back to square one... could that be what they're hinting at?

 

Perhaps you have to 'assume' the judgement has been set aside when submitting the defence and the first thing you need to do is ask permission to withdraw your admission. :confused:...just a thought.

 

Just reading the first replies to your defence they seem to be blindly stabbing at anything and everything hoping they will hit a target.

 

If you hadn't been using the correct procedure then I'm sure the DJ would have informed you and not let it go on any further. besides I did notice a without prejudice in amongst their wafflings.

 

I am far from being an expert but thats just the way I'm reading things. It really does look to me as if they are trying to make you unsure of what you're doing.

 

I shall continue to research when ever possible and if I come up with anything more substantial than just a gut feeling and suspicious mind I'll let you know.

 

Spam.:)

Edited by Spamalot
spelling.. tut tut.
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Have a look at London North Securities Ltd v Meadows and Another [2005] EWCA Civ 956

 

Where you discover that you have a defence you can apply to set aside the judgment - as a Litigant in Person I can't see the court saying that you should have made a different form of application

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I think that you have followed the correct procedure - if Judgment is set aside at that point the court would give you permission to withdraw any admissions.

 

Remind me - when is the hearing?

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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thanks Spam & IGNM appreciate ur efforts.

 

the hearing is on 23rd July, tomorrow week.

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thanks Spam & IGNM appreciate ur efforts.

 

the hearing is on 23rd July, tomorrow week.

 

Best of luck for next Thursday

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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cheers IGNM having some time off for a long weekend so will be upon me quickly i feel. taking some 'light' reading with me of course...

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Just a little reminder for tomorrow..

 

If the legs are not so good pack some thigh high boots, and don't forget to check the fastenings on your basque. ;)

 

Also have a tow truck standing by in case the opposition pull another fast one.

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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just to keep the thread up to date

case lost on 23rd see post 231 here :

http://www.consumeractiongroup.co.uk/forum/legal-issues/180864-finding-faulty-cca-agreements-4.html

 

 

with regard to this anyone with more legal experience got a view on how to handle this next...if there is any way to handle it?

 

many thanks

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Hi R&B..

 

I know I'm far from being a legal expert, but I've put a lot of research in on this over the weekend, as I'm sure you have too and all I seem to come up with is this.

 

The claimants say ... the correct way to overturn a CCJ is by appeal... which I believe has to be made within 21? 28? days of the judgement or failing that you must start fresh proceedings in the form of a set aside... which we all know you did but... when you apply for the set aside you must also apply to withdraw your admission to the original claim under CPR 14.1a.

As you are starting fresh proceedings by applying for a set aside I have interpreted it as an admission made before commencement of proceedings... I THINK that had you applied after the set aside hearing commenced it would have been under 14.1 and the judge would have had to use the practice directions 7.1, 7.2 but as you didn't apply **** took advantage of that technicality and won the day.

 

Therefore I believe to get to the bottom of this you need to Submit another application to set aside the judgement, ask permission to withdraw your original admission as it was made in error, and begin your defence with the fact that the claimants had made 'misrepresentations' with regards to the case etc.

 

I know that's just the way I'm interpreting it and that you really need a lawyer to say yes thats right or no thats hogwash, but I've applied to withdraw my admission on my set aside case and if you don't get any joy from a legal eagle in the meantime hopefully my situation with throw some light on the way forward.

 

Best of luck.

 

Spam.:)

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cheers spam,

however, i dont think set aside is the right way to go about this from what i was so politely informed at the hearing, as there is no basis in the CPR for such an action. i believe i (ur obviously trying ur set aside appl and i hope u are successful) now have to apply to remove admission and start fresh proceedings as im out of time for any appeal to get that judgment overturned.

now my problem is, if thats the 'correct' procedure, i need to know how to go about it and whether i now have further timeframes imposed due to the last hearing? also if there is anywhere in particular to look for legal help on a CFA basis as i if this gets c****d up its game over i think.

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Hi R&B ... Me again.

 

Robcag found a couple of posts by PT they may be of help to you.

 

The links are here.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/202167-help-n244-form-please.html#post2200397

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/186644-can-anyone-recommend-decent.html#post2011872

 

 

This is the case PT Mentions... para 39 in particular.

 

http://webcases.co.uk/dopdf?path=reps&file=03a1574

 

 

 

Keep the faith,

 

Spam.:)

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thanks spam, most helpful as usual.

 

ive recieved the costs thru, which i obviously mistakenly assumed would be added to the judgment (i presume i shud have asked for this?) what are the options here as i cant pay in one lump sum? pleading letter or some other avenue?

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