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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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Urgent Help Required - Repossesion of House EVICTION CANCELLED


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Look forward to hearing your good news :)

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Yes good luck from me as well. It sounds like you will be fine. Good to have the arrangement confirmed before you go into court.

 

Dont forget to let everyone how it goes as it is udeful for others to know what actually happens at the hearings

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi,

 

I got to the court today in good time for the hearing and was introduced to the mortgage companies solicitor by the clerk to the court. He was very nice and just talked over what was agreed on the phone yesterday and he wanted to clarify the figures outstanding on the mortgage with me, prior to going in. He said the judge would ask for these figures and he wanted to make sure that we were in agreement. The figures were fine and he knew exactly what was agreed yesterday on the phone with the mortgage company.

 

I went to wait in the waiting room, but we were asked if we would like to go in first as the next cases solicitor hadn't shown up. In we went.

 

It was all very straight forward and the judge confirmed the figures outstanding with their solicitor and asked if I agreed. He asked about my personal circumstances and whether I thought that I could keep to the agreement, to which I replied yes. The judge said it was obvious that I had received legal advice and quoted the Norgan law quote on the N244 and that he had taken that in to consideration. He said that it was a very difficult time for all homeowners at the moment and unless it was painfully clear that the mortgage couldn't be met, it is best to try and work through all other scenarios first.

 

He then cancelled the eviction and agreed the terms starting on the 1st February.

 

I could of kissed him!!

 

I really would like to thank Ell-enn for all of her help and advice, as well as the support of the other members, such as Repoman. I couldn't have got through this and Christmas / New Year without your support. xx

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That's wonderful news!! I'm so pleased for you - well done for being brave :)

 

I hope you can now relax and feel safe in your home.

 

Ellx

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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Well done and thanks for the report.

 

Hope you can move forward now and relax a little.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I read this thread and thought.... I hope it has a happy ending :-)

 

Its just a shame that their actions put you in a position where spending an enjoyable / stressfree christmas with your family was not possible.

 

Well done to all that offered their advice and I have to 2nd that this forum is GREAT!

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  • 5 months later...

Hi Ell-enn,

 

I'm afraid I need your help again, I have another eviction notice put through my door yesterday.

 

As you may gather from reading the previous threads that you so kindly helped my with, the new arrangement was set up to start from 1st February.

 

They didn't take the payment on the 1st Feb, as agreed, as they told me (in March) they they would have to set up a new direct debit agreement. I did this and paid for what I thought was February & March on my debit card. Every month since has been paid on the last day of the month by direct debit and has never been refused / failed. I was then told that the payment I made in March was for only the March payment, even though this was twice the actual months mortgage payment (or so I thought), because the Libor rate hadn't been reduced until March. So the savings on the Bank of England base rate didn't affect me until March's payment.

 

So basically they are chasing February's payment. I have offered to pay this and increase the arrears payment to £150, in light of the reduced mortgage payment, but they are saying that it won't change a thing!

 

I also recieved my quarterly mortgage account statement today and it shows all the payments I made, but they are also taking £115 per month as a Lit.Man. Fee, which they are adding to the arrears total. It makes a mockery of the fact that I'm paying £100 per month off the arrears (which was agreed with them) when they are adding £115 per month on. I didn't know this until I recieved my quarterly statement this morning.

 

I fought hard to keep my job and my house and now it looks like they are going to get it again, due to a stupid mix-up!

 

Please can you help, I don't know if I've got the fight in me anymore.

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Hi there - firstly - there's no way you're going to lose your home over this!!! so rustle up some fight and we'll get this sorted:)

 

What date is the eviction for?

 

Incidentally, if they have added the arrears management fee to the arrears figure then they are in the wrong and they will have to produce a true arrears figure in court.

 

Gather together proof of all the payments you have made since the order in January - bank statements? - copy them and highlight all payments to mortgage company, then blank out all other payee details on the statements.

 

You'll also need a copy of the mortgage statement showing that the fees have been added to the arears total.

 

Don't worry this can be sorted and we'll see if we can get them a kick in the ass from the judge!!

 

Ellx

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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HI again,

 

Thanks for the speedy reply, it's difficult to keep fighting sometimes, but I have to.

 

The eviction date is set for 8th July, which is only 2 weeks away.

 

I really don't know what to do know, do I have to do the N244 form and statement again?

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Hi there, yes you will have to enter an N244 again to get a hearing to stop eviction. However - the sooner you do that the better as the court will send a copy to the lender. When they see your statement I bet they come to an "arrangement" with you to stop the eviction!!

 

I've affixed an N244 to this post for you to complete and also instructions for completing qeustions 1 - 9. I will draft a statement for Q.10 this afternoon, then you should take it to the court tomorrow.

 

1. Your name

2. Tick Defendant

3. Suspension of eviction order payment proposal offered.

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except I Believe

Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicants. Enter your address and contact details.

 

Let me know when you have the proof of payments etc ready and I will complete the statment.

 

Ell

n244_e.pdf

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Surely something can be done to stop them taking the mickey like this - you need to have a clear statement from your bank showing the payments made, and the fact that they are not honouring the agreement themselves.

 

List every payment you have made and the date

List every fee payment they have added and ask to have these removed from the arrears total... the Judge may go ballistic when he hears they are making a mockery of the arrangement and the court processes.

 

Also ask that under no circumstances should they be allowed to return to the court in under 1 year as they will try to go every 3 months (they did this to me and it is very tiring, as well as expensive.

 

If they have also charged a 'arrangement fee' this is also questionable.

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OK, I'll work on the statement and post on here later :)

 

Can you list the dates you made payments please (you don't need to put the amounts on the thread you can put them in yourself before printing off).

 

How much do you think the arrears are without the arrears charges, just missed payments?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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I mad a card payment on 13th March (when they told me that the DD hadn't been set up), i also made payments on 31st March, 30th April & 30th May. The next payment isn't due until 30th June.

 

They have charged me £115 on 1st April,1st May & 1st June. They are just adding the figures together, off-set by the payments recieved. It is now showing an 'Arrears Balance' of £4991.54

 

Since 13th March I have made the 4 payments of £100 off the arrears, as agreed at court.

 

The balance of the 'Arrears' was £4946.54 on 13th March, as of 1st June the balance is £4991.54, despite me 'paying' £400 off???

 

I tried everything I could to stick to the agreement, with a view to clearing the arrears, but it's going the opposite direction.

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Sorry Ell-enn, I got a bit irate and forgot the other question. I don't have a breakdown of what the arrears are made up of. I was in such a panic at Christmas, with the eviction notice, that I didn't ask how they came to the figure.

 

Obviously, looking at this statement, I should have asked earlier!

 

Should I ask them for one now?

 

I can't thank you enough for your help Ell-enn, I don't know what I'd have done at Christmas and I knew to come here first this time. Thanks :D

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OK, got all that - we'll let the court know that the arrears figure is disputed - be back shortly (although it may be this evening as I have quite a few meetings this afternoon).

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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