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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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Help needed with BoS credit card agreement


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HI Boo, Thanks for responding.

 

First please try the link again, I put an extra letter in the link box (me n my dyslexic fingers). Bank of Scotland received the account in dispute letter sent by recorded delivery, but didn't sign for it and no response as yet. :mad:

OH is considering completing the defence and counterclaim section because of the anomalies as to dates. Do you think this is wise????? What route would you take????? (Never done anything like this - ever!)

 

As for CAB haven't been able to get them to make an appointment on the phone as the line is always busy, and OH is only just mobile again after his biopsy.

 

As for the other info regarding the Financial Ombudsman and OFT he'll get on to that straightaway and I'll be back on the phone on Monday trying to make an appointment with CAB. (They are always totally inundated in this neck of the woods)

 

MM & MM'sOH

 

Urgent help required please

 

Please can someone have a look at these documents for my OH we've had some great advise off Boo and Shadow but would appreciate further assistance. TinyPic - Free Image Hosting, Photo Sharing & Video Hosting (click on the Albums(3) and then HSBOS01 please) this should then show the documents I'm referring to.

 

In brief the info on the County Court summons doesn't match the documents they've sent to him, in that the date on the copy agreement they've sent him is 2002 date stamped whereas the Court Claim form states agreement date of 1996.

 

MM

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Urgent help required please

 

Please can someone have a look at these documents for my OH we've had some great advise off Boo and Shadow but would appreciate further assistance. TinyPic - Free Image Hosting, Photo Sharing & Video Hosting (click on the Albums(3) and then HSBOS01 please) this should then show the documents I'm referring to.

 

In brief the info on the County Court summons doesn't match the documents they've sent to him, in that the date on the copy agreement they've sent him is 2002 date stamped whereas the Court Claim form states agreement date of 1996.

 

MM

 

Sorry Supa OH hadn't allowed email viewing ( he's a stupid idiot). Try the link again please also this one Home - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and click on the HBOS01 file again please.

OH is panicking so doing everything in a hurry and making mistakes. I've told him to calm down as this attitude and lack of attention to detail could cost him big time. Thank you for looking.

 

MM

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OK....you have received a court claim, first things first, in line with the particulars of the claim, then you must send out what is known as a CPR31.14 to the opposing solicitors....(SEND RECORDED)

 

Have a look at this

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html#post1992524

 

This is why - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

You need to respond to their court claim within 14 days of the date on the claim form, if you wish to defend then state that.....you then get a further 14+3 days in which to submit your defence.....

 

Do you still have the default notice ?

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So in line with your POC's on the claim form...send this recorded delivery...you will need to read this very carefully, try your best to understand what is being said and edit accordingly...so for example if this debt has not been sold or assigned to a debt collection agency then you will have to delete where it says *the assignment

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

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I dont think OH still has the default notice I'd have to ask him. It's the discrepancies with the dates? The docs they've sent OH just don't match the court docs.

If you could take a look back through the thread you'll see what's been going on.(please read posts by Shadow and Bazooka Boo)

I'm baffled by all this, OH seems to have lost the plot, (he's only recently had a biopsy for cancer and still awaiting the results)

 

On the docs they've sent OH it suggests an overdraft limit(?) nothing about a credit card & as mentioned the dates don't match, one set of docs says 1996 the other is dated stamped 2002:confused:

Oh is at work at present but will ask him about the default notice (if he ever got one) we were having trouble with post going to other addresses in the street and not being passed on, which we took up with Royal Mail, (and I've still got the replies from them)

 

MM

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Its not that easy to read and I wear glasses! The docs go on about a cheque book and card, and not going overdrawn, I can't seen any reference to a credit card. Neither can I seen anything mentioned about Credit Card agreement or termination rights. Oh asked them for a more legible copy but they've said they don't need to send one as the "relevant information" is legible! I'll get OH to look more closely with a magnifying glass, that's how bad it is to read!

 

MM

Edited by mooiismum
dyslexic fingers!
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Personally, I think as they are playing so dumb, and you've both got a lot on your plates, you may be better getting proper legal advice, or at the very least make that appointment with the CAB.

From experience as they never answer the phone due to being so busy, you would be best going there in person to arrange an appointment.

 

Then you can at least show them first hand all of the documents sent between you and them, or speak with a solicitor who specialises in consumer law, your first hour is normally free, and I suspect you will qualify for legal aid, so don't worry about the cost, if I can get legal aid when I was earning in excess of 30K a year, then by Christ I am pretty damn sure you will be able to.

 

If as has been said, the documents they have sent are unenforceable, a) due to illegibility b) no CCA, then the Solicitor will see that and get it stopped before they can even get started:D

 

As 42man says you need to reply within 14 days of the date on the claim form, you might be better seeking the help of a solicitor soonest.

 

Don't cave in and give up, this is what they are hoping you will do, dig your heels in stick two fingers up at them and just think 'how dare you when me and my OH have enough to worry about as it is'

 

If it goes your way, and their is nothing to say it won't, then you should tell your solicitor you want to seek damages, and explain the reasons.

 

I know it is easier said than done, but tomorrow is another day, forget about today...

 

 

 

Boo;)

 

http://www.communitylegaladvice.org.uk/en/legalaid/charges.jsp

 

http://www.communitylegaladvice.org.uk/en/about/callback.jsp Get them to call you back.

 

Find A legal Advisor:http://www.communitylegaladvice.org.uk/en/directory/directorysearch.jsp

Edited by Bazooka Boo
Links added

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Went to CAB to make an appointment which was an absolute waste of time!!! First thing that was said was "no money for funding debt advise" - gee thanks if they'd even bother to answer the phone they could have saved me 3 hrs of precious time - all I got was an envelope with leaflets in! Anyone know of a good solicitor that give free inital advise in the Stoke area please?

 

MM

 

 

 

 

 

MM

Edited by mooiismum
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Does anyone know a good solicitor in the Stoke area that gives free initial advise please.

 

CAB were useless, they informed me before even sitting down that there was no money for funding debt advise. I wasted 3 hrs of precious time to be told this. OH needs someone to have a look at these Court docs to see of the discrepancies would stand up.

 

MM

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Glad to see your going to get some legal advice MM;)

 

I think it will be much better for you in the long run, as they can at least see first hand the info you have.

 

Did you try any of the links above for Legal Aid?

Call Back Service

 

The National Debtline 'might' be able to point you in the right direction also.

 

Hoping this link will work Solicitors in Stoke Yell.com

 

If it doesn't search yell.com, I really can't believe they didn't even tell you of anywhere you could go to for advice!:evil:

 

Let us know how you get on..

 

 

Boo:wink:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Evening Boo. They were totally useless, didn't even look at the papers or listen to anything I had to say! The only "advice" was... "you obviously must own them money & if you do contest you could end up paying court costs and fees and when you filled in the court papers send a copy to the creditors to let them see what your defence is, " :mad: I could have got better advise off our dog!

We're trying the other links and will phone around tomorrow for an appointment. I'll keep you informed as you are & have been a great help and support for us. I'll keep posting what happens as and when, so please stay subbed. Hopefully well get the right outcome. Fingers crossed heh?:)

 

MM & MM'sOH

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OK, try not to worry about their attitude at the moment, the main concern is to get this paperwork seen, and then they can advise you more suitably.

 

Once this is over and done with then the CAB can have both barrels!!;)

 

Complaints procedure for clients of the Citizens Advice service

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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We're not letting CAB's attitude bother us, more interested in getting this sorted, as you've said we can deal with CAB later although it's not very good pubilicity for them.

 

It's difficult for people to give true advice and putting docs on tinypic when you have to delete so much detail without giving the game away in case ":evil: trolls" are lurking on here but the help given is so very much appreciated , it lifts your spirits and helps to take the weight of the world off your shoulders.

 

MM

 

MM

Edited by mooiismum
dyslexic fingers
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We're not letting CAB's attitude bother us, more interested in getting this sorted, as you've said we can deal with CAB later although t's not very good pubilicity for them on the net is it though?

It's difficult for people to give true advice and putting docs on tinypic when you have to delete so much detail without giving the game away in case ":evil: trolls" are lurking on here but the help given is so very much appreciated , it lifts your spirits and helps to take the weight of the world off your shoulders.

MM

 

Yes agreed it is, especially when you have so much more important things going on in your lives right now, if I were closer I would gladly devote my time to help you both.

 

But, for future reference and that of any others reading this thread, what i have found speeds up posting sensitive documents on here, is to first photocopy the doc, then black out the info not to be seen, and then scan that doctored doc using photobucket or tinypic.

 

No doubt someone will tell me an even quicker way!:D

 

Once we get the right result from this MM, which I am confident will happen then come back and we can go to town on the CAB..:wink:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If we get the right results from this there's a very large "what ever your tipple is" waiting for you. We'll get it to you somehow. We're not brill with either tinypic or photobucket but I'm sure that practice willmake perfect. Some of you on here leave me in awe with the apparent ease at posting docs, links ect. Plus it takes me time to do things and my memory ain't that good, I have to write everything down in order to remember for the next time (hope this makes sense) I think you may understand this.

MM

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A lot of us who post up letter templates or links, have them all bookmarked for ease of reference, I even have domino's bookmarked:D

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have lots of links and must put them in order, there is so much good info on here you could "link" or bookmark forever. I've also got a folder with very important info and template letters in just in case my computer crashes!

MM

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But, for future reference and that of any others reading this thread, what i have found speeds up posting sensitive documents on here, is to first photocopy the doc, then black out the info not to be seen, and then scan that doctored doc using photobucket or tinypic.

 

No doubt someone will tell me an even quicker way!:D

 

:wink:

 

You can blue tac thick paper (such as bits torn from an envelope) over the sensitive info, scan and post:) Saves the ink used in photocopying; don't laugh, you're gonna get through a loooot of ink with all the correspondence to these berks;)

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