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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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Repossession questioned by deeds not being signed


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Don't you know Caro ?

 

In between (well at least according to some) being the person that founded CAG, and being various different members of the site team, I also work for every single lender in the country, in addition to working for every single law firm in the country.

 

Somehow I also manage to attend every single hearing Is It Me? has said he has attended.

 

I do get around :-)

 

 

 

 

Disclaimer: the above is me being sarcastic

 

You know Ben , you really are a very busy boy. The only problem Ben is that when you answered caro you were obviously talking to yourself and therefore we can not believe a word you say.

I have a feeling Ben, that you are a stronger person than me. I would have set my mind to blowing them up long ago. ( I have a nuke aimed at Leeds BTW)

 

Seriously , all that Ben stuff was me being sarcastic and not condescending

 

I fully agree with both you and Dodge , it is very very easy to tell people to follow a high risk course of action when it is not your money or reputation involved. It seems that there is no legal liability insurance to fall back on either

I have not read the full thread as I have to eat and drink and I wasn't in on it at the beginning

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Can I also just add

 

I am no spelling or grammar Nazi but somethings really do wind me up

your and you're is one of them

 

I also don't do cryptic and comments such as "as you know" help no one and surely that is what we are here for

 

Also I think we have politicians in the house as so many questions that are asked are never answered

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bhall

I am sorry but my assumption is that you are indeed Ben

 

I was not suggesting that you were or have ever been. It was a joke that people who know my history on here would have appreciated

 

I must agree that some/most of the site team have unlimited patience and understanding. Frustrating though it is, I would have banned myself many times over (oh they did lol) but that is mostly forgiven by them which makes them bigger people than me to be honest.

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Apple

 

You have totally misunderstood what i was saying about grammar and spelling

 

Some posts seem to be long rants without punctuation or spelling checks in any form. Of course your and You're have different meanings just as there and their do. When someone is trying to follow a post it makes it very difficult to see the wood fro the trees when it is all mashed together. Maybe with time i will come to be able to easily understand some of the posts on here in that i will "buy in" to the style of the poster.

 

It also appears to me that this thread has become very personal. My understanding is that , in the original case , a ruling is due very soon. It will be very interesting to read that ruling. Of course I am not sure how exactly this side of law works, money claims are more my thing but I imagine that if the lender were to lose it will be far from over. Can someone correct me if I am wrong, what are , if any the further appeals processes in this?

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Maybe I misread the link you gave me Apple.

 

The way I read it was that once a decision has been made there is then 28 days to present further arguments . However to be fair wouldn't it be only proper for the decision to be given to both parties . It would be manifestly unfair to allow one party to present a case without the other party being able to challenge it.

 

My gut feeling is that to try and read between the lines is both foolish and pointless

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If that is your polite way of calling me a liar again ;-)

 

I should let you know that I sent a copy of that email unedited to a member of the site team earlier this week ;-)

 

As I anticipated that you would again accuse me of "shoehorning" lol

 

How did Is It Me? get on with his copy of Halsbury's laws of England that he brought for £29.99 ?

 

Has he been able to tell you yet that Halsbury's Laws of England which you have previously referred to as "the law" - confirms that you are wrong on all points ;-)

 

Ouch I have some solpadol if you need them

 

Where the hell do you get that for 30 quid?

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Children children please.......... I am getting on in years and can not keep up

 

Ben I forgive you about the dots

 

I have to say that the claim of I can not discuss for legal reasons smacks very much of my old "friend".

I see as well that some people are too busy at having a go at others to actually answer a question

 

(3) A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received—

 

(a)within 28 days after the date on which the Tribunal sent notice of the decision to the party; or

 

(b)if later, within 28 days after the date on which the Tribunal sent notice of the reasons for the decision to the party.

 

That to me would suggest that the decision had already been published which obviously it hasn't

 

Of course if the link was about appealing to the upper tier then it twas wrong page m'duck

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Don't stress Ben......Caro has assured me that Dodgeball and Bhall are separate people ; )

 

Apple

 

But how do you know that Caro isn't Ben ?

 

Just because you are paranoid doesn't mean hey aren't all out to get you

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Just finally caught up

 

As far as I am aware of course there can be guidance withaout statute. I am looking at it from a consumer credit point of view but...OFT guidance on debt collection, S77-79 etc are just that. Guidance . ACAS code of conduct and guidance is not enshrined in law

 

Apple btw what were you on about MBE's etc . For the record the queen does not write to you asking you if you would accept an MBE

 

You keep going on about Ben having inside knowledge but when a poster says a claim has been struck out and then a FOI requests comes back that 1 has been struck out even a simpleton can put the two together

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Is that another tactic to refuse to answer a question.

Unlike some I need sleep so have just caught up. I am sorry if I am not allowed to make comment on things that happened while I was asleep. Bad Fletch !

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Yet again I go out for a couple of hours and it takes me ages to catch up.

 

What is going on in this world. Oh and by the way, I am bad, I am very very bad but that's a whole different story

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Ben

Earlier you said 10 applications made, 1 thrown out and 2 to be heard on 20th. I assume that this case is 1 but what of the other. In your email reply it said that only 1 was heard on 20th so do I assume the other for whatever reason was not?

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One last question

To me it is not relevant as I do not subscribe to the more posts=more knowledge theory as such

 

Out of people individual posts what sort of % would you guess are made on this thread.

 

Apple, 80-90%?

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Hi Ben

I wasn't trying to be clever , I just misread and thought there was only one case heard on the 20th so assumed the other had been struck out as well or stayed .

 

Now i see my error.

 

As you say , identities really do not matter, if the person decides to out themselves so be it as Ms Mayhew has on several occasions (santander v mayhew).

 

The judgements are what matters

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Sadly , and I am not pointing any fingers, not all posters do have the consumers best interest at heart. What they have is a desperate need to be right and to be respected

 

As the saying goes.......Truth will out:lol:

 

I for one eagerly await . At that point someone will have some serious egg on their face . From past experience I have a pretty good idea who it will be which will be ashame .

 

Dodge/Ben when it is all done and dusted I am sure you will be able to explain it to me in words of one syllable

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I am sure it will be posted as soon as poss. I just hope we get the same interpretation on the outcome.

I imagine if it is a consumer win it will be appealed, not sure what will happen if its a consumer loss

 

I have seen three interpretations to the frost case

1) The judge was a drunken fool (not my opinion)

2) That is the end of no agreement means no enforcement

3) the witnesses were so unreliable the judge didn't really have an option

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I thought originally it was to keep them in their home . If they can not pay the mortgage that must be unsustainable so the only option would be for them to have the whole loan declared void effectively gifting them the house. That is why I can not see it happening or if it does it will be appealed all the way

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Only in that it seems pointless in going through all this to keep your home when you then face say a SD and lose your home anyway. I wasn't giving any sort of opinion just common sense.

 

I don't know but I also imagine there will be costs involved as well so it seems to me it might well be a lose lose situation.

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