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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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How long to submit a defence***Claim Settled***


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To be clear Andy....do I just sit here and do nothing as it is they who have to do all the writing?

 

And is this normal for a claimant? I have been told it's an example of they running scared......it that right?

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DT

 

They need your consent to reissue a fully particularised P.O.C CPR 17.1(2)...just let them have your consent.

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Andy

 

We have now received an allocation questionnaire (form N125) which has to be returned to NCCBC by 28th March. I asks:

 

1) if the small claims track in the right one?

2) experts etc.

 

Starting to get a wee bit worried by all the officialdom! I still have a letter from the OC after I asked for a copy of the the signed agreement telling me they only needed such a document if they wanted to go to court and to date neither they or Arrow have provided it

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Andy

 

could you please give me some advice, the OC has now sent me a letter saying I haven't responded to a letter they supposedly sent me. The have sent the allocation questionaire saying they want to use the mediation service, the small claims track is the most suitable track, also they do not see a reason why the case should be heard in a particular court and that they will be calling a witness.

 

Have until 28th to reply to court..............................what do we do?

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Just complete your AQ and serve a copy on the Claimant also.....what letter have they sent that you have not responded to?

 

Regards

 

Andy

We could do with some help from you.

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Thanks Andy

 

The letter they refer to was the consent to alter the particulars, which I replied to and which they received....good old Royal Mail Track and Trace!!!!

 

Do I agree to the mediation? I still have a leeter from the original owner saying the didn't have any documentation

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Yes agree to mediation if they approach but state that the OC has already confirmed in writing that there is no agreement.

We could do with some help from you.

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AQ returned to court along with a copy of the letter saying there is no signed agreement and my two requests to the claimant to provide such and agreement which they continue to state exists.... updates as and when

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  • 2 weeks later...

Latest correspondence from Arrow saying they have requested a copy of the signed agreement and will be in contact as soon as they have it, nothing from the court though

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Not as such but we will request again at AQ and they will have to disclose eventually before trial.

We could do with some help from you.

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Thanks Andy

 

I assume that means there will be another AQ to be submitted. I sent the original letter etc. with the AQ I initially returned. Surely this can't drag on forever and the court will eventually say "enough is enough do you have this information? If not....go away" Could I get LiP/disbursement costs if this happens?

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Only in th Fast Track if the claimant discontinues would wasted costs apply.

We could do with some help from you.

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  • 2 months later...

Andy/team

 

This matter was satisfactorily reolved via the mediation service, acknowledging the lack of documentation, the fact that I knew there was PPI and penalty charges the demand amount was reduced by 2/3. And I paid the balance.

 

Thanks for your help

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Good morning DT,

 

Very pleased that you have managed to resolve this amicably..I will amend your thread to reflect the result.

 

Well done.

 

Regards

 

Andy

We could do with some help from you.

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Pleased to hear you have a resolution on this.

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Andy/team

 

I will ensure that I make a donation of GBP20 within the next week or two. I know it may not be much but it is a huge percentage of what I have! There was one comment made during the mediation which was quite worrying, I would not wish to publish it publically for fear of worrying others but If I can PM one of you I will pass the details

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PM me DT im intrigued.

 

Andy

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Received and noted DT...I wouldnt read much into that...judges lottery and nothing new.

 

Regards

 

Andy

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