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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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    • 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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Default Judgement entered due to late return of AoS - whose to blame what to do


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Hi, it was suggested that I start this post off as a new topic. I have searched for but have not found, though I'm sure it will be here, advice regarding a County Court Claim form that I received after the 5 + 14 day. The dates concerned were the Issue date 27th August 2010 and date of receipt 18th September. I used moneyclaim to send an acknowledgement of service on the day I received the claim ie the 18th September. I called the court office in Northampton who stated that as my AoS was received after 19 days judgement had been entered against me and that it was an issue for me and the Post Office, perhaps true but not very helpful. My post is on redirect by the way but I'm led to believe that this should not cause a significant delay.

 

I am about to prepare a form N244 but require assistance from those more experienced with regard to my response. Is it sufficient just to state on the N244 that the claim form arrived late? I'm sure many people reply late either for many and various reasons but it does seem a rather lame excuse. I'm happy to add particulars of my defense as well but am unsure whether or not it's necessary at this stage. I have the envelope in which it arrived but there appears to be nothing on it that would indicate a date.

 

Any assistance would be gratefully appreciated.

 

Scrible

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There will be a bar code - which probably ahs the date hidden in it if it becomes a real issue. As I said on the other thread redirection should only add 1 day delay to the normal postal time - if it seems much longer then you should ask Royal Mail to explain - perhaps they can decipher the bar code and confirm actual date of posting?

 

Did they not know of your current address in any case? It seems to be a common ploy for some OC's and DCA's to deliberately send cpourt papers to an old address and get judgement by default. Which OC/DCA is it?

 

Good luck

 

BD

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BD - thanks , actually there is a bar code on the letter. Its a brown letter with a very faint light red bar code on the front. I would have missed it ordinarily. Regarding the new address yes they are aware of it but always send to my old address, it seems to have worked in their favour upto now. Its HFC/Restons.

cheers

Scrible

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Hi Scrible

 

You simply state that you wish to make application to set a side the judgment dated xxxxxx.The summons dated xxxxxx was AoS with an intention to defend dated xxxxx.The Claimant even though informed continually is insistent on using a previous address.

Had the Claimant posted the summons to the correct address as informed I would have received the claim on time and defended such claim.

 

Regards

 

Andy

 

PS make application without an hearing

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I didn't say that Scribe I told you what reason to use.

 

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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No problem - but this just shows how important it is to keep your wits about you at all times - and choose your words carefully. One slip and they've won. If in any doubt, run your exact words past us on your thread - but missing out anything that could identify you - no point giving them extra ammo!

 

Good luck!

 

BD-

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  • 1 month later...

Hi all.

It's been a while but I finally received a judgement regarding the set aside request. It states that I need to file at Court and serve on the Claimant a draft defence setting out in full why I dispute the claim..... Surely this is what I did with my N244 in the first place, or are they after more particulars/ evidence?

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The N244 was simply to have the judgement set aside, this does not act as or replace a formal defence, the setting aside of the judgement simply means it's as if the judgement were never ordered. you need to now to defend against their claim.

 

I am not an expert in this area, so please accept my help as general guidance rather than gospel

 

Look at their Particulars of their claim, do they fully disclose a reason and legal right to bring a claim against you?

 

Have they proven that they have a lawful assignment of your account?

Have theym proven that the amount they are claiming is correct

are there any charges or PPI included in the claim amount?

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I hope this is what you mean :-

 

The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 20/09/1994 in the sum of XXXX inclusive of interest to the date of this summons at 19.8% per annum from to.

 

PARTICULARS a/c no xxxxxxxx

DATE 11/08/2010

ITEM Default Balance

VALUE xxxxxxxx

Post Refrl Cr NIL

 

26/08/2010 Interest xxxxx

TOTAL xxxxxx

 

Together with:-

interest pursuat to contract at the rate of 643.68 pence per day to the date of Judgement or sooner payment.

 

Thanks for your help donkey.

 

ps HFC have confirmed that they are unable to supply me with a copy of their legal agreement.

 

scrible

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“The overdue balance”.

 

Are they claiming the whole amount?

 

You are now effectively starting from scratch.

 

Time to use CPR. Have a look here...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

 

Get yourself up to speed on the use of CPR, then tell us a bit more about the history of the account as suggested, ie. did you receive default notices, when was it defaulted, how long since you made a payment, and previous correspondence etc.

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Thanks donkey, I have read the two threads but need a little time to digest and perhaps re read. My next hurdle is to supply the judge with a draft defence, setting out why I dispute the claim, 14 days prior to a hearing to determine if set aside can be obtained. Is this normal as I understood that the completion of the N244 was sufficient to grant set aside or not as the case maybe?

 

tia

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Hi guys

have read the cpr threads etc and am today trying to pull a defence together. For your info I did receive a default notice dated 11.08.2009 this would appear from what I can tell to be in order apart from how they have arrived at the either the credit limit or how the credit limit has been exceeded. The text of my draft is as follows

'I do not recall when or where I opened this GM credit card account. I do not recall receiving an agreement or what the opening credit limit was

However, I did utilise the account facility and I made regular monthly payments as required.

Following a change in my financial circumstances and subsequent conversations with various advice organisations I was advised to request details regarding all my finance accounts (overdrafts, mortgage, loans, credit cards etc)

With regard to HFC I requested a copy of my original agreement along with terms and conditions in order for me to assess my situation.

HFC/Restons/GM Card etc are unable to provide this and I therefore ceased payments inaccordance with the advice I received from various consumer organisations

Subsequently they(HFC/Restons/GM) have been advised that upon receipt of a (true) copy of the original signed agreement I will endeavour to restart payments within my budget as I have with other creditors who have provided copies of the original signed agreements. Todate they have been unable to provide the document

Therefore I request that the judgement be setaside until such time that a true copy of original signed agreement is produced.'

 

Can someone please review this - its my first draft and I need to know if I am heading in the right direction or not.

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