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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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      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.
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A guide to Charging Orders & Orders for Sale


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if you intend to pay it off in 6 months i would be inclined to write and offer them XXX per month for 6 months and then a full payment of the balance then

 

tell them if they do not agree you will seek a determination from the court to this arrangment

 

it would take them well over 6 months to obtain an order for sale and sell the property in any event so their stance is total bullsh*t

 

the chances of getting an order for sale for a £2K debt with a £175K equity.................

 

about the same as me getting Pixie lot and katherine jenkins in bed at the same time!!

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Are new rules coming into affect regarding charging orders must be over 25k on the 1st Feb 2011?

 

No, not that I'm aware. I know there was lobbying but I don't think the idea got off the ground. I'm VERY glad that that rule won't be brought in, such a rule may cause the creditors to change track and bankrupt people instead.

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i'm with you on that one- although i do feel that its about time the bankruptcy level was drastically increased - £750 is a joke

 

i would like to see both limits raised to £25,000 at the same time

 

that would FORCE creditors to accept their share of responsibility for peoples situations and make them enter into reasonable repayment schedules

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i'm with you on that one- although i do feel that its about time the bankruptcy level was drastically increased - £750 is a joke

 

i would like to see both limits raised to £25,000 at the same time

 

that would FORCE creditors to accept their share of responsibility for peoples situations and make them enter into reasonable repayment schedules

 

CAB wanted a similar effect with the raising of the Sale orders to £25k and over and the tightening up of the bankruptcy laws.

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the costs in making someone bankrupt- especially if it involves selling properties etc including estate agents solicitors and the trustees fees will easily exceed £15,000 or more- therefore making someone bankrupt over a lesser figure than this is just plain barmy and often ends up with the creditors getting no more in the pound that the debtor was offering to pay- and many times nothing at all- resulting in the net effect being solely to disrupt the debtor and his families life for absolutely no justifiable reason

 

in this case the law is truly an Ass!

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Having a similar problem myself a ccj was awarded against me with an amount i could afford (which i have been duly paying,) they went for redetermination at a court near them got it transfered to a court near me heard nothing more until a forthwith order came through the door three weeks after a hearing neither of us new about or attended, now they have been awarded an interim co, which they will no doubt get made final looking at what's been posted on various threads..

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Hi everyone,

 

Caro sent me to this useful thread.

 

I agree with DD that Charging Orders, Sales Orders and Bankcruptcy should all be at £25,000 and then lenders would act more responsibly. Is anyone doing a campaign or petition for this higher limit so I can sign it?

 

Thanks,

DemandFairness

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Hi there, I have a quick question & I was hoping someone could help me..I had a CCJ (NHCC set my repayments at £1), then when I got the charging order & was at court for the final co hearing the dj asked what could I pay I said that my situation hadn't changed & I could only currently afford £1 pcm (I'm unemployed). The creditor's solicitor said that the creditor wouldn't be happy with this (although they were granted a co..) The dj said "if one month you can pay £3, pay £3, the next £5, pay £5" & left it at that. When the paperwork came through there was no mention of the varying amount, just that my installment reverts back to what NHCC agreed (£1). I'm ok with this, however I am VERY concerned that my creditor will take me back to court & want my installments redetermined to a higher level. My debt is £10k & again, they already have been granted the charging order so I'm worried. Can they do this? How likely is this on this amount of debt? Any help is appreciated.

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Hi there.

 

It's true that a creditor could make an application to vary the judgment but the court should consider allowing you to pay an amount that is affordable, if you're not working this would be a token amount. Is the property owned in joint names, do you have children living within it?

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it is likely that the creditor WILL ( say annually) request a redetermination - and given that it would take you 833 years to repay the debt at £1 per month - that would seem entirely reasonable

 

however if your circumstances don't change then you can only pay what you can pay

 

however if the creditor ever found out that you were being less than truthful about your disposable income- i could well imagine that this would be one of those "rare" cases where an order for sale might be granted

Edited by diddydicky
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Thanks for the info. Yes, the house is jointly owned & we have 2 small children which our creditor knows about. I'm not worried in that I've ever lied to to the court & we have no savings to speak of. I would be happy to alter my payments to a reasonable amount when I find work - BUT I thought the fact they had a co granted would appease them. We'll see what will happen with them. I just haven't read of any similar situations of a redet after a co, so it's better to be aware imho & I appreciate the feedback.

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No, not taking me back to court yet. I just wondered what could happen - I know the solicitor for my creditor said "They won't be happy with £1 per month." My co hearing was a couple months ago - so still early days. I was ok at the co hearing - I knew what to expect from reading everything I could on here & people's experiences. Chin up & fight your case to the best of your abilities. It's not as scary as you may imagine.

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Thanks for that! better to hear from someone who's been through it! my biggest worry was them trying to force a sale of my home? but i've calmed down a bit now after i've read a bit more that's it's highly unlikely to happen? but with mbna they seem to do what they want specially in my case!!! but thanks for the kind words sparkly!!!

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Thanks for the info. Yes, the house is jointly owned & we have 2 small children which our creditor knows about. I'm not worried in that I've ever lied to to the court & we have no savings to speak of. I would be happy to alter my payments to a reasonable amount when I find work - BUT I thought the fact they had a co granted would appease them. We'll see what will happen with them. I just haven't read of any similar situations of a redet after a co, so it's better to be aware imho & I appreciate the feedback.

 

As the property is jointly owned, with two young children there is little chance that the creditor could force the sale. There are special provisions to ensure that the family home is kept that way :)

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Don't think it would stop mbna from trying, absolute pigs they are! And the sneaky way they've got my original installments overturned and now an interim i wouldn't put anything past the &%#$@...

 

If they *do* try, there's an awful lot than can be done to stop 'em.

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Thanks for that! better to hear from someone who's been through it! my biggest worry was them trying to force a sale of my home? but i've calmed down a bit now after i've read a bit more that's it's highly unlikely to happen? but with mbna they seem to do what they want specially in my case!!! but thanks for the kind words sparkly!!!

 

Snap! Yours with Re5tons, too? I seriously do wonder about them & their reasons for taking so many to court to get co's. Is it to "prop" up their assets so their company can look like they haven't "lost" all the money due to the downturn..hmmm..

 

Thanks, Sequenci - you are always a very big help to people like me!

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