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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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    • 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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Loopyloopy v Natwest


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Lisa Yourbank as a wealth of experience and knowledge of NW/RBS lets get the statements its imperative to your case

 

Regards

 

andy

Edited by Andyorch

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Hubby cant go into the branch until saturday, I will post of an SAR tomorrow specifically requesting pre 2002 statements and see where that gets me.

I assumed the reason they only went back as far as 2002 was due to the 6 year rule nothing to do with the computer systems. (you learn something new everyday)

Andy, do the spreadsheets make it easier reading? Do you think we have a strong case against NW?

Thanks all..

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Lisa I cant promise a result but will endevour to assist you all the way in getting a mutual acceptable result.From what i have gleened up to now you are looking good.The bottom line is no agreements and as so we will go into court on that merit

 

Regards

 

Andy

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I will post of an SAR tomorrow specifically requesting pre 2002 statements and see where that gets me.

 

Lisa, you might add the following to your SAR List ...

 

L. Account details of any accounts set up by Nat West / RBS known as ROUTER ACCOUNTS

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

Edited by shakespeare62

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You may also on the SAR wish to alter your signature very slightly e.g. include some tiny mark you will recognize in case it is copied, but which won't give them an excuse to claim it's not your signature should they have it on record.

 

I smell a rat on the £12,400 debit / credit for 17 & 18 Dec 2002. I wonder if its related to the now famous RBS "Router Accounts".

 

The link below is to a guardian newspaper report on a "phantom account" RBS had set up in Cagger Paul Walton's name. It's worth a quick read if u can spare the time. :-

 

How trustworthy is your bank? | Money | The Guardian

 

May I just credit (no pun intended) Nattie aka YourBank for the info I referred to in post #51 of this thread. It was taken from info he kindly provided on another website. He lost his job over helping others.

Edited by shakespeare62

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Thanks shakespeare for your help, I have been unable to get to a printer today as I have not been very well but am going aroung the in-laws in the morning to print of a SAR and post it to NW. The article you posted is a very intresting read thanks for that.

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You're welcome. I hope you're feeling better and that DH and baby son are doing well. There will probably be a pause now for a few weeks until you get back your SAR results. Remember to check with Royal Mail website tracker that it was delivered to RatsNest (I trust you sent the SAR Special Delivery or at least by Recorded Delivery).

 

Once you've received the requested statements etc., post an update on here so Andy can line you up on your text tactical move. I'll keep looking out as well.

 

'Shakey

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  • 3 weeks later...

Hi all,

 

Im getting a little worried now as I have still not received the statements from natwest desite writing and going into the branch.

My excange of evidence needs to be completed by the 23rd April. I have still not recieved anything from irwin and mitchell either.

Help!!

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Hi Lisa, hopefully Andy will look in on your posting shortly.

 

It seems to me that if you are having difficulty obtaining important information from the Claimant - you could write to the solicitors and send a copy of it the Court (put cc District Judge , your county Court at the bottom of the letter in bold.)

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Hi Lisa and Shakespeare

 

I have only just returned from holiday so i hope you didnt feel abandoned,Ok have you recieved the Claimants Disclosure list yet?

I would sumise not!!

Dont wait for the response to your SAR to use as the basis of your Disclosure list.Your list should contain anything of use from your papertrail in the lead up to litigation that maybe of use in arguing your case.

This may be request for information ignored or payment plan requests.

Any evidence of penalty charges and copies of invalid Default Notices etc.Requests for any copies of CCA agreements and so forth.

 

I will advise further on your response to the above

 

Regards

 

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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I think that you may well be panicking unnecessariliy...

 

At this stage you don't need to chase the other side for anything

 

Do your list of documents on the basis of what you have in your possession - then get your list off to the other side.

 

When you get their list - go through it carefully - get copies of everything. If there is anything missing do a letter to our heroes tell them what's missing, give them 7 days to provide the requested documents if not tell them that you will apply for an order for specific disclosure. If they don't comply 7 days later do a chasing letter giving a further 7 days then if you still haven't got the documents make an application on an N244 for an Order. If they fail to comply ultimately the claim will be struck out.

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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Hi Lisa and Shakespeare

 

I have only just returned from holiday so i hope you didnt feel abandoned,Ok have you recieved the Claimants Disclosure list yet?

I would sumise not!!

Dont wait for the response to your SAR to use as the basis of your Disclosure list.Your list should contain anything of use from your papertrail in the lead up to litigation that maybe of use in arguing your case.

This may be request for information ignored or payment plan requests.

Any evidence of penalty charges and copies of invalid Default Notices etc.Requests for any copies of CCA agreements and so forth.

 

I will advise further on your response to the above

 

Regards

 

Andy;)

 

Hi Andy - hope you had a good holiday. Glad your back :) Lisa, you may want to update (if relevant) and repost contents of your post #38.

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Hi sorry been really busy. The baby hasnt been very well and its been a bit stressfull and tiering.

Anyway statements arrived today!! Just putting them on a spreadsheet now.

Still have not received the claimants evidence list... Will let you know asap.

I cant beleive my hubbys original loan was in dec 1999 and for only 4000!!

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Right I have now completed the spreadsheet..

Please see attatched, let me know if its ok to open im not very good with attatchments.

I Began an evidence list in a previous post any comments on what I should add/change.

Also the lists are due on the 24th april (I beleive, will double check though as my head is all over the place at the mo) If I havent the claimats list by say the 20th April should I still send mine as I dont want to be penalised for not getting it in. Not long now!!

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The thing about lists of documents is that you don't need to itemise everything e.g.

 

If you list letters between you and the bank - you wouldn't list them individually you would say correspondence between defendant and bank of various dates from (date of first letter) to (date of last letter)

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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This is my proposed correspondence list:

 

National Westminster Bank Plc Claimant

 

 

And

 

 

Mr loopy loopyDefendant

 

 

 

 

 

 

 

 

DISCLOSURE BY LIST - of - Mr loopyloopy– DEFENDANT

 

 

 

 

I, Mr loopyloopy, of xxxxxxxxxxxxxxxxx, being the defendant in this case, intend to rely on the following documents in court:–

 

1. Correspondances

 

 

(A) Copy of County Court Claim form issued by Claimant, dated 22nd Febuary 2008.

(B) Copy of formal request, dated 29th Febuary 2008, from Mr loopyloopy to Irwin Mitchell solicitors requesting a copy of the relevant executed Consumer Credit Agreement under S.78 Consumer Credit Act 1974, All records held relevant to the case, and Any other documents they seeked to rely on in court.

© Copy of acknowledment of claim posted 11th March 2008.

(D) Copy of letter from Irwin Mitchell solicitors to Mr loopyloopy dated 18th March 2008, confirming receipt of formal request for documentation and advising all action will be put on hold for eight weeks whilst the documentation is obtained.

(E) Copy of Mr loopy loopy’s defence. Submitted to Irwin and Mitchell solicitors and Medway county court.

(F) Copy of Claimants allocation questionaire dated 23rd June 2008.

(G) Copy of letter from National Westminster Bank Plc to Mr loopy loopy dated 25th June 2008 detailing account numbers which the claim is based upon and past payment plans agreed.

(H) Copies of Current account statements as supplied by Irwin Mitchell solicitors.

(I) Copies of Loan account statements as supplied by Irwin Mitchell solicitors

(J) Copy of letter from Irwin Mitchell solicitors to Mr loopyloopy dated 03rd December 2008 offering a full and final settlement of the claim for £20,000.

(K) Copy of Allocation Questionnaire completed by Mr loopyloopy.

(L) Copy of proposed directions from Mr loopyloopy submitted to Irwin and Mitchell solicitors and Medway county court.

(M) Copy of proposed directions from Irwin Mitchell solicitors dated 05th January 2009

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Hi Lisa

 

Still no sign of the Claimants Disclosure list?

Yours looks fine, dont be too prompt with the by date.I have known cases were the list has not been sent to the CC dealing with the case but just between the Claimant and Defendent.

You can check to see if the Claimant have sent theirs to the CC.

If not inform the CC dealing with the case.

Forearmed is forewarned.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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