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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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    • 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.

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      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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County Court Claim Form - Loan From HSBC - MKDP LLP Claimant***Claim Struck Out***


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Firstly thanks to Andy and we will get that off in the next couple of days.

 

Re the SAR to HSBC it was sent to HSBC Bank Plc, Service Quality Team, Arlington Business Centre, Millshaw Park Lane,Leeds LS11 0PP. It was sent recorded delivery but the signature slip on 7th may just says 'redirected'. Then on 1st July we received the letter from HFC dated 28th June enclosing our original letterand cheque saying they were unable to action the request as the letter was not signed and they were unable to locate any accounts with the information we had provided. We have resent the letter with previous address history and date of birth and the account numbers again clearly stating they are HSBC accounts. The address on the letter was HFC Bank, PO Box 5137, Coventry, CV3 9EP and that is where we have sent the request and cheque. It all seems very dodgy though.

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They are supposed to respond "swiftly" where any information or clarification is required. I do not consider responding to a letter dated 7th May, on 1st July .. swift.

 

You might want to consider a complaint to the Information Commissioner !

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just a quick point for Andy - Do we also tick the box on Page 1 of N181 asking for a one month stay as they have done?

 

Citizen B - Thanks we will sort that out as well tomorrow plus I have found a phone number for the Customer Service Team for HFC at the address given so they can have a phone call as well to ask them what is going on.

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]Just a quick point for Andy - Do we also tick the box on Page 1 of N181 asking for a one month stay as they have done?[/b]

 

Citizen B - Thanks we will sort that out as well tomorrow plus I have found a phone number for the Customer Service Team for HFC at the address given so they can have a phone call as well to ask them what is going on.

 

Yes

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  • 2 weeks later...

I have been following this thread amongst others as being in a similar postion with MKDP issuing a court claim out of the blue for an old barclaycard debt.

 

I sent a CPR31.14 request to which they did not respond but last week sent me the court form for allocation to the small claims. I wrote to them and said I was going to complain to the Information Commissioner about their failure to provide me with papers.

 

I received a very prompt response which included some of the papers, several sets of T&C's wtih no date which were supposed to be the reconstituted agreement, a default notice from mercers with an amount that did not match the amount claimed, and a notice of assinment. They said they had sent me a letter before action but ommitted this from the papers although I had requested it, also part statements were sent not very clear (there would have been many penalty charges).

 

The letter they sent me was 'very angry' and in the last paragraph accused me of 'various vexacious tactics to delay repayment of the debt ..' and that if I did not respond to them within 14 days withdrawing my initial defence (I lifted that from here based on having no paperwork from them) they would send my correspondence to the court purusant to CPR 27.14(2)g.

 

All this because I persisted in my request for CPR31.14 paperwork. Not sure where I shall go from here but I was pretty shocked by their letter.

Edited by slick132
usied paragraphs to space
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barkimber, I will leave your post above in this thread - but it might be in your interest to start a separate thread of your own - simply because we don't want responses to your situation muddling those with gettingthere's :)

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Regarding the SAR to HSBC we have now received yet another reply from the same address as in Post 51 but this time with the letter heading saying HSBC. The letter is almost identical to the one on HFC headed paper and again states they can find no accounts with the details we have given them (Full sort codes and account numbers were given plus full name DOB and previous addresses).We really are at a loss what to do now, we have rung the number given on the letter and they were worse than useless. They say they cannot find any accounts in his name. It does not look like we are going to get any information from HSBC about his accounts!

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Just to confirm, is it the case that HSBC can find nothing regarding this a/c and MKDP have still not supplied a credit agreement in response to the CPR31.14 request.

 

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Yes that is correct. They have supplied us with nothing to date and have not even acknowledged the requests under CPR 31.14 or the S 77/78 CCA 1974 request.

HSBC state they cannot find any accounts in his name or with the account numbers provided (numbers are correct - I have checked/double checked and then checked again!)

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We have received a N24 Standard Order for stay for settlement today from Northampton (CCBC) County Court. (Image attached)

 

Do we need to do anything further at this stage such as write to MKDP. They have still not responded to both our CPR 31.14 request or the S77/78 CCA 1974 request.

 

Do we need to submit a further completed directions questionnaire to the court by 27th August as I thought we had already done that together with Draft Directions? (Post 56)

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Hi GT,

 

We must assume the court decided NOT to adopt your Draft Directions.

 

Instead the Circuit Judge Court Officer has ordered a Stay on the case to allow you to negotiate with the bank.

 

I suggest you take the opportunity to write to MKDP saying:-

 

I have received the court's notice of a Stay on the case until 27th August for the parties to attempt to reach a settlement.

 

I must remind you that you have failed to reply at all to my CPR31.14 request of xxdate requesting important information.

 

I enclose a copy of that letter and request that you supply the information requested within 7 days.

 

Failing this, I will inform the court of your failure to comply with my reasonable request.

 

Before you send this, please wait while I ask someone better qualified to check or comment.

 

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It is quite odd that despite a claim having been issued, no paperwork can be found ?

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I've now heard from Andyorch who gave the following advice :-

 

For the DJ to order this...... either party must have selected yes to mediation...hence the stay. Its quite normal to have to resubmit a further DQ if mediation fails...so attach the Directions again.

 

To be honest I see little point in chasing a CPR request under normal circumstances as the claimant is not compelled to comply to a civil request.They will have to disclose at standard disclosure further into the process.

 

But if you are advising the above to facilitate mediation then yes its ok but not to justify a defence.

 

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And the claimant has made no contact re mediation ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

Directions Questionnaire posted last week (recorded) to Northampton together with Draft Directions as per instructions on N.24 (due today 27/08/13) plus copy to MKDP LLP.

 

We have still not heard a word from MKDP LLP despite all our requests. There was no attempt by them to mediate over this matter.

 

I suppose its now a case of wait and see what the next step is.

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Yes, the court will contact you with further Directions for the claim.

 

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  • 2 weeks later...
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