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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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company have run of with £23k now awaiting striking of with director about to go bankrupt.


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I have had dealings with company.

They left the job half completed and also did some shoddy work.

 

 

Went along reporting it to the police but after nicking the director he was let off as there was no case to answer.

 

 

At the time the director sighted bankruptcy of the company but at the same time the director was also on a iva.

 

 

Apparently after further digging around it was discoverd that the director a Mr.xxxxxxxxxxxxx had not paid into his iva since September 2010.

 

 

Also just before work was going to begin the address of the company was changed from the directors personal residence xxxxxxxxxxxxx

Company No. xxxxxxxxxx

 

Also the value of the company was reduced to £1.00 .

 

 

After trying to sort this out

i have just discovered that the company is now out on a strike out and also the director has put his house up for sale.

 

 

I was guessing up until march that there were several creditors.

It now turns out that more creditors are persuing the director for £100k worth's of personal debts.

 

 

The best part i like about it is nobody can do anything as he is on the brink of bankruptcy.

 

 

What do i do and how do i go about it. xxxxxxxxxxxxxx.

 

 

What and how do i get him.

 

 

We are talking approx 23k excluding the work that needs to be redone.

Edited by letsmakeamark

So whats cooking today ?

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Hello letsmakeamark, welcome to the CAG.

 

Enjoy your visit, but take some time to look around the forum and understand where everything is.

 

 

It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are.

 

You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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So what happens now ?

 

 

Do you think that the director has committed a fraud or carried out some other illegal activity with the money or is it just a matter of a Ltd Co going bust owing you money?

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Dependant on who the contract was with - if the Ltd Co enters some sort of insolvency arrangement or the preson is made bankrupt you will become an unsecured creditor with little chance of getting any money back. When the Liquidator or Trustee in Bankruptcy is appointed you need to make known to them what has happened to you and they will investigate what has happened and the conduct of the Director. This will probably mean that the Director will get a BRO or Directors disqualification but unless he has substantial assets you will be lucky to see any money back. If it can be proven (which is notorioulsy difficult)that the Director has been guilty of wrongful trading i.e. trading whilst insolvent, the Director can be madee personally liable for the company debts. But again if he has no money you are unlikely to see any. Only the Liquidator can bring a wrongful trading cas against the Director

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As has been asked previoulsy who is the contract with?

 

i know the director is dealing in cash along with the other people in his trade.

There is no law against this. He probably can't get any credit anywhere and has to pay for goods/materials in cash

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  • 2 weeks later...
  • 4 weeks later...

Update on this. Issued a claim for £11500 defense or acknowledgement which was due in yesterday 07/07/11 has not arrived. Have now put in request for judgement . Claim was against both director and company.

So whats cooking today ?

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  • 4 months later...
  • 3 months later...

Every time I read something like this it really angers me.

 

To think that TSS suggested that I pay my cowboy builder, also a ltd co, and then try to recover from him in the Courts. It's pathetic. There is no support or help for the victims of this kind of crime (other than CAG!).

 

I'm so sorry that you too have also had a rough time of it at the hands of a cowboy builder.

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If the company is not in any form of insolvency and you have a judgment against the Ltd Company yes you can send a HCEO in.

 

You are an unsecured creditor of the Director

 

Somebody told me that if a claim in bankruptcy was withdrawn then a application for a charge on the house can be made ?

So whats cooking today ?

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Somebody told me that if a claim in bankruptcy was withdrawn then a application for a charge on the house can be made ?

 

You can't do this because you were an unsecured creditor at the time of the debtors BR. You can't then withdraw your claim and make yourself a secured creditor

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  • 2 months later...
Every time I read something like this it really angers me.

 

To think that TSS suggested that I pay my cowboy builder, also a ltd co, and then try to recover from him in the Courts. It's pathetic. There is no support or help for the victims of this kind of crime (other than CAG!)..

I'm so sorry that you too have also had a rough time of it at the hands of a cowboy builder.

In this case the judgement is Both director and co.

So whats cooking today ?

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