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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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LINK Financial? Check this out...


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That's the approach I was going to take, I've not been at this stage before so not sure how it works but I believe just because they wish to withdraw doesn't mean I'm not entitled to have my counterclaim looked at?

 

Just because they don't wish to proceed doesn't mean the court just drops it as my claim is actually far more valid than theirs ever was! I suspect Link haven't entered any defence to my counterclaim, instead choosing to send me the intention to discontinue. So...if they haven't defended wouldn't it follw that this is a form of admitting it, just the same scenario as if I had never submitted my holding defence at the very beginning?

 

Not sure what happens next, clearly Link want shot of it and are trying to get me to sign my right to costs away but I'm still happy for it to be heard. Will that still happen or will the judge look at the present situation and just award me the counterclaim as a hearing is essentially pointless? Of course, I suspect the court isn't aware of Links latest decision and as I'm not going to accept it proceedings do continue now don't they? :grin:

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If they discontinue, I believe they will be effectively admitting your counterclaim. They have gotten themselves into a bit of a mess here...

 

What we need to find out is, if they discontinue, will the court automatically vacate the hearing? You don't want that to happen - so let's try and find out if you'll need to issue an N244 to get your counterclaim heard.

 

Any ideas anyone, on the protocol here?

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If they discontinue, I believe they will be effectively admitting your counterclaim. They have gotten themselves into a bit of a mess here...

 

What we need to find out is, if they discontinue, will the court automatically vacate the hearing? You don't want that to happen - so let's try and find out if you'll need to issue an N244 to get your counterclaim heard.

 

Any ideas anyone, on the protocol here?

 

Yeah, that must be the case eh? If the court directed them to submit a defence to my claim and they haven't why would it be any different to me not submitting a defence to theirs at the beginning?

 

After all, they instigated this action and they should see it through. It would seem very wrong if someone can litigate just to try their luck and when it goes pear shaped they can just walk away with no responsibility.

 

Appreciate any guidance if anyone knows how this works! Think I'll call the court later on and check they haven't submitted anything to cover their base, can't see they would have done as they've failed at every point so far to submit anything. Will update later!

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It may be worth asking the court for advice - they're not allowed to answer questions specific to your case, but if you couched your question in general terms I'm sure they'd be able to help. Cheaper than a solicitor...

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If emandcole has submitted the counterclaim as part of the defence then I dont think that Link discontinuing their claim is the end of it ? Is it ?

 

As suggested by DonkeyB.. phone the court and ask, they should be able to answer that specific question.

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If emandcole has submitted the counterclaim as part of the defence then I dont think that Link discontinuing their claim is the end of it ? Is it ?

 

I didn't think so either as the counterclaim should stand as a claim in its own rights...and you have to pay a court fee to make a counter claim.

 

Interesting to know if what Donkey says is correct...that by discontinuing they are effectively admitting the counterclaim.

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Yep, £108 to cover up to £5000 which should encompass all of the claim. I'm going to ring the courts now and see if they can offer any advice, I'll word it gently and see what I can get out of them...really depends who you get I've found as to how helpful they are.

 

I'm guessing the speed of Links decision and their urgency to get me to return the form would suggest they're hoping I sign it so the matter is closed for good, as detailed in the order they sent about me dropping the counterclaim :lol:.

 

The court however are unlikely to know of this development so I assume it will go through and be processed accordingly. If the judge reviews the counterclaim, finds the claimant has not bothered to defend it I don't see why the court won't award it? I'll make a call now, see what I can find out.

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Hi funksters. Ok, just off the phone and the situation is:

 

AQ's were due in on Monday by 16:00, I submitted mine but Link did not.

 

Link were also expected to submit their defence to my counterclaim on the same day. The court confirmed Link have submitted nothing.

 

So...this will all be processed hopefully by the end of the week as they're a few days behind at the moment. The judge will then issue an 'unless' order, typically giving the claimant 7 days to submit their AQ and their defence.

 

The claim will continue to progress with the claimant having to defend the claim I've now made against them. I got the impression that a hearing may or may not be necessary depending on the judge concerned and the sequence of events to date (we all know Link hasn't gone down well with the court in my particular example) so if judge McHale gets his hands on it I'm sure he'll take great pleasure in giving Link a good kick as he made it quite clear he was fed up with them :grin:.

 

Also, given the evidence I have, the way I've presented it and the conduct of the claimant throughout the entire case Link really are the proverbial one legged man in an arse kicking contest :lol:.

 

The tables truly are turned and I know that Link cannot defend the claim I've made so it really is a matter now of when rather than if. I'll post more as soon as I have any updates.

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More news on this. Letter from the court today with the following:

 

'IT IS ORDERED that:-

 

1. Unless by 4.00 pm on 9 April 2010 the Claimant complies with paragraph 2 of the Order dated 29 January 2010 by filing and serving a detailed claim setting out in fact and in law their claim and how it is calculated and annexing the notice of assignment, the deed of assignment (redated if necessary) and default notice, the claim be struck out.

 

2. If the claim is struck out it will proceed only on the counterclaim and be referred to a District Judge for directions.'

 

So, Link get to enjoy yet more time despite not having a leg to stand on and failing at every point to substantiate and justify their action :mad:. Yes this is the way it works but seriously, how many bites of the apple does the claimant get? If they've got a case then ruddy present it or get out of the system!!!

 

Rant over. So, Link are now truly in difficulty having already attempted to drop the case and ask me to walk away and cover my own costs. Fat chance. Looks like I'll have to be patient yet again, just for the court to strike it out and then spend more time processing my counterclaim. Can't see it'll actually get to court, I'm assuming the DJ will just award the amount I've claimed if Link can't be bothered to sort it all out.

 

More to come on this I'm sure. Perhaps Link will attempt to buy me out so they don't have to explain themselves in court later on? One's thing's for sure...I won't give them that easy option and will do all I can to make sure they are called to account in the near future :grin:.

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Ah, this is good news emandcole, I am still subbing, especially when I saw the thread had been replied to, I thought Link? Link who?:lol: I haven't heard from them or HL Legal for so long:cool:

 

the Claimant complies with paragraph 2 of the Order dated 29 January 2010

 

Without going back 300 posts, remind me of this one?

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Hi, para 2 was:

 

'The Claimant will by 4pm on 12th February 2010 file and serve a detailed claim setting out in fact and law their claim and how it is calculated and annexing the notice of assignment, the deed of assignment redated if necessary and default notice.'

 

They failed to do this :rolleyes:. Was wondering actually if I could object to the extra time they've been given when they haven't performed at any stage of their claim at all. Considering they started the action it's very poor that the courts just allow them to do what they like. We all know what would have happened if I'd even thought about behaving as they have done.

 

Is there no way to get this sort of sloppy behaviour addressed? Why do companies bringing claims get so much slack? Hardly fair is it?

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Hi, para 2 was:

 

'The Claimant will by 4pm on 12th February 2010 file and serve a detailed claim setting out in fact and law their claim and how it is calculated and annexing the notice of assignment, the deed of assignment redated if necessary and default notice.'

 

They failed to do this :rolleyes:. Was wondering actually if I could object to the extra time they've been given when they haven't performed at any stage of their claim at all. Considering they started the action it's very poor that the courts just allow them to do what they like. We all know what would have happened if I'd even thought about behaving as they have done.

 

Is there no way to get this sort of sloppy behaviour addressed? Why do companies bringing claims get so much slack? Hardly fair is it?

 

I suppose the only reason that they get some slack is that they are funding the action (unless they win). Completely wrong I know, but I would imagine courts love them for the revenue.

 

 

Pumpytums

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Hi, para 2 was:

 

'The Claimant will by 4pm on 12th February 2010 file and serve a detailed claim setting out in fact and law their claim and how it is calculated and annexing the notice of assignment, the deed of assignment redated if necessary and default notice.'

 

They failed to do this :rolleyes:. Was wondering actually if I could object to the extra time they've been given when they haven't performed at any stage of their claim at all. Considering they started the action it's very poor that the courts just allow them to do what they like. We all know what would have happened if I'd even thought about behaving as they have done.

 

Is there no way to get this sort of sloppy behaviour addressed? Why do companies bringing claims get so much slack? Hardly fair is it?

 

Thanks for that. There just doesn't seem to be any law-abiding does there?! Makes one wonder what these time limits were put into laws in the first place for? I think it's Vint that quotes the infamous gentleman that 'created' the CCA1974 who said not 11, 15, but 14 days!!!!!!!!!!

 

Sometimes I feel that the bending and twisting of laws could be 'tried-on' by so many claimants and defendants in a never-ending circle:rolleyes:

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If a Judge has made an order, he or she should stick to it. It should not be a constantly moving target. They will only get away with it, if they are allowed to.

 

You can obviously go for an SO via N244 or make a complaint.

 

http://www.judiciary.gov.uk/about_judiciary/conduct_and_appeals/conduct_complaints/index.htm

 

Office for Judicial Complaints - Welcome to the Office for Judicial Complaints

 

Or both!

 

Maybe worth asking PT of Vjohn.

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I would consider it but as I've got a counterclaim going I better not rock the boat. We all know what would happen if the scummy defendant (as the claimants are angels!) were to make any kind of noise, any success I have with the counter is likely to be reduced in some way due to 'my insolence' or similar :rolleyes:.

 

I'll sit tight, the claimant can't do anything so I might as well let it run its course :D

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Today Link have forwarded another copy of their previous intention to discontinue, exact same copy, even has the same date on it! They can't even be bothered to amend the date :rolleyes:.

 

Needless to say it'll be going in my file with the other one, which I decided to ignore in the end as it wasn't worth my time. Still, the 9th is going to come round pretty quick so I reckon the real fun is going to start after that :D.

 

Oh, it's lovely to have such a dire company at the end of some string.

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I'm tempted to suggest you put forward to them, without prejudice, your own grounds for discontinuation, ie. your own consent order. They might only whinge to a judge that you didn't play ball otherwise and we all know what judges are like.

 

This would include for them:

- withdrawing their action in perpetuity

- removing any adverse data on your credit file

- paying your costs to date

- meeting the value of your counterclaim in full

- undertaking not to sell on the account

 

For you:

Withdrawing your counterclaim

 

Seems reasonable as a response and leaves you in exactly the same situation as if you go to court and win (if not, better).

 

It's a cheeky move, but would mean you were engaging - what do others think?

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Thanks Donkey. I could do it for a laugh anyway. As for them moaning to the judge that I'm not playing ball I think they'd risk the wrath of the court on that given their performance to date! I might just knock something up later. If I do I'll post it up here :D

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I'm tempted to suggest you put forward to them, without prejudice, your own grounds for discontinuation, ie. your own consent order. They might only whinge to a judge that you didn't play ball otherwise and we all know what judges are like.

 

This would include for them:

- withdrawing their action in perpetuity

- removing any adverse data on your credit file

- paying your costs to date

- meeting the value of your counterclaim in full

- undertaking not to sell on the account

 

For you:

Withdrawing your counterclaim

 

Seems reasonable as a response and leaves you in exactly the same situation as if you go to court and win (if not, better).

 

It's a cheeky move, but would mean you were engaging - what do others think?

 

 

I would agree with DonkeyB's suggestion. :D

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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