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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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Im in need of some urgent help.

 

A bailiff has just turned up at my parents house and issued me with a distress warrant for a non paid court fine.

 

Now i dont live at this address anymore and neither of my parents are here, ive told the bailiff i cant pay the outstanding amount and he is refusing to give me anytime to sort this out.

He has said that he can remove any property from the house because this is the house the warrant was issued to even though nothing in the house belongs to me.

Ive told him hes not coming in and now hes waiting for a removal van and has threatened to call the police if i don't let him in.

 

Now there's no way on earth hes coming in here and removing property thats not mine at an address i dont live at.

Is there anything i can do, he has refused all my requests for time

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It from a fine for no car tax.

 

He informs me that he can take anything unless i can provide recipts that they dont belong to me hes even spoken to my dad and told him the same

 

Hes here now currenly waiting for the police to arive.

I can understand how he can enforce this as i do not live here and my dad has told him the same

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he cant do a thing anyhow

you have not let in so no walking possession has been signed

he cannot force entry either

 

best thing you can do is go out for a pint and lock the place up

pull curtains if you like!

 

thepolice will not entertain it either

 

d x

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I take it this is a magistrates court fine? if so, it puts a slightly different angle on it, although I believe he will still need permission from the court to break into the house.

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Hes saying he can come in due to the distress warrent and it being issued to this house.

I know they can force entry if its a fine, however i cant let them in this house to take all my parents belongings.

I dont even know where they have got this info that i still live here from. My dad has told them over the phone im no longer here.

 

Just waiting for the police to turn up, i got 3 bailifs and a locksmith in the front garden.

Im going to end up doing somthing silly if they try to gain entry, this is the first time ive heard anything from the bailifs the last i heard was from the court about the original fine

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Don't do anything silly, you should actually leave and not be there when the police arrive.

 

If you do anything silly you will be arrested - your dad should be quite capable of explaining that you don't live there.

 

And as dx says that should be enough for even the most dimwitted copper.

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Unfortunately a magistrates distress warrant does give them these powers since non payment of fines comes under criminal law.But its rare for them to go to these levels in the first instance.

It can only be assumed that they have their reasons to believe that you live there.Its a pity that your parents arent there-they would more than likely be able to show some proof of ownership of their things than you.

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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Whats the situ p4 ?

any news yet on whats happening ?

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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Ok the police have been and got rid of the bailifs.

 

I did tell the bailiff my own adress but he wanted to serve the warrent on this address (due to the fact that i live 130 miles away), i explaned to the police that i didnt live here and they checked my details and confermed my proper address.

 

The police did say legaly the bailiff could enter but they managed to pesuade them not to becasue the homowner was not present.

 

I still do not know why this has happend, my dad always returns my mail to sender with my new address

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Whew! that's a relief - you going to pay the fine now?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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yea..... pay the fine.

now!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Whew! that's a relief - you going to pay the fine now?

Its not over, they are coming back tomorrow when the home owner is present to gain entry and remove goods.

 

I'm in the same situation as before, they want payment in full or they will be taking goods. The bailiffs even said to me as they were going that they will be talking anything that my parents don't have a receipt for.

 

I'm at a loss here, they are refusing to send this back to the court even though they know for a fact i don't live here.

They said the fact that i was at the house is proof enough that i live there

 

Im happy enough to pay the outstanding amount but the fact is i dont have the money and i know nobody that does. Im ecven happy for them to come to my home and remove goods but they refuse due to them needing another court order

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Are you able to pay the fine?

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Also, your parents need to get a Statutory Declaration done and witnessed first thing in the morning!

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Are you able to pay the fine?

No. I was quite polite when he came and asked for a few days.

He refused every request, i even pointed out that this is the first id heard form them and he told me it wasnt his problem.

 

Whats a Statutory Declaration and what does it do?

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A Statutory Declaration is effectively a statement of truth, witnessed by a solicitor or notary (you can sometimes get it done at a local county court).

It's a statement to say that all the goods contained within the property and it's boundaries at (address) belong to (name).

 

I drafted one for someone last year - I'll see if I can find it. The main thing is you have to do SOMETHING first thing in the morning. Could your parents pay the fine for you and you pay them back?

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Basically a statement that can act as a legal document in support of your parents words.Can be witnessed at a County Court in a similar way as an Affidavit.

 

You could also make an application to have the warrant set aside-but would need to do this first thing.If you do this before they take further action then they have to suspend further action if I am not wrong.

They could not go to your place because the warrant is not in order for them to do that.

Did you manage to see the warrant by the way ...was it issued in the last 180 days ?

 

Its a matter of speed now so I would be at the Court first thing.

Edited by MARTIN3030

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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OK, here you go - Statutory Declaration affixed. Your parents need to get it done first thing in the morning (they may have to take ID with them, i.e. passport).

 

Let us know what happens.

 

Ell-enn

Statutory Declaration.doc

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Sorry I was mistaken an SD is not sworn-it just needs to be witnessed.

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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It has to be witnessed by a Notary or Solicitor.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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