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    • finaldj
      Santuary Housing

      By finaldj · Posted

      I contacted Sanctury housing in August 2023 after informing them my father in law who had Dementia had moved into a Nursing home December 2022. We kept the flat for 8 months until such a time we could accomodate some of his furniture that my wife wanted to keep. I contacted them in August 2023 to let them know the situation by email as I was the named person that could speak on his behalf. I informed them that we had left it to late for POT and were seeing a solicitor for Deputyship of his financies. I asked them what information would they need in order to give notice on the flat and we could provide details of his condition and nursing home. This went ignored I left it a month and then called them October 2023. I was promised a call back from a manager over the next few days. This never happened and it was end of November when I contacted them again and they had no record of me calling them. I explained the email and again I was told the local manager to the area would call me. This never happened and I ended up emailing them in January 2024 with a copy of the email from August. Again this went ignored and I had explained to them that we couldn't just go to the bank and stop the DD as we had tried. This email again went ignored. I then had a letter written to our home address in February asking us to get in contact with them (local manager) as they were concerend nobody was living in the flat. He had an email address so I copied in the last 2 emails to say I had been trying to give notice since August 2023. I also stated that I would like the rent that was paid from August 2023 refunded back to his account as I had officially tried to give notice then and it went ignored. He replied to us about wanting to look at the flat then notice could be given once he had contacted the nursing home to confirm he was actually living there now. Notice was giving for the 22 March 2024 and this would be when rent would stop and no further payment would be taken by this point. The fact I asked to be back dated went ignored. I have since noticed on 2 banks statement for April and May that they are still taking Rent payments of £501 from his bank. Further to this which seems very strange. He was with Eon Next for his utility bill again we were having problems getting this stopped as they needed a named person on his account which there wasn't one despite me managing his online account for him. I didn't check the email address that often that I used to set it up and went to check as noticed the credit he had built up with not living there was all getting refunded in February. The email said £600 would be refunded to his account with a (sorry you are leaving us message) but how can he leave as nobody but himself had access to speak with them. I also noticed the lady in the flat above him had a letter from her bank sent to his address with his address details but his name which was dated 4th March well before we had given notice and it said (thank you for giving us your new address details) we have set all this up for your account.   So Sanctuary housing must have been aware he wasn't living there from the ignored emails for the lady above to start changing address details to move into his flat before the housing manager had even got in contact to ask if anyone was living there. What I basically want to know his do we have any legal standing to claim the rent back from when I first contacted them in August 2023? There is roughly £3000 to come back  
    • dx100uk
      Debt advice

      By dx100uk · Posted

      lowell letter = we've mugged you once - why are you not paying this other debt....😎
    • dx100uk
      Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form

      By dx100uk · Posted

      i see you are posting this all over the internet too. here you say it was returned by the safety camera dept UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please? WWW.FTLA.UK UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please?  
    • axil23
      Wrong settlement quote given on PCP.

      By axil23 · Posted

      I see what you mean. I will wait till the 8 weeks is up and then take it up with FOS. Before I do will be on with some more details on the SAR. Thank you once again. 
    • lolerz
      Eviction Time Again - Twice In 7 Months

      By lolerz · Posted

      Tagging @stu007 who's great with this. You should have at least 2 months notice with a Section 21 notice (Which Form 6A is used) For now, scan, redact and upload anything you think will be useful    

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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

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slick132

slick132

Posted
Posted

Hi GT,

 

The case will be reviewed by a local Judge who will then issue Directions as to how the case is to proceed.

 

There may be a further suggestion that Mediation should take place but that can only happen with the co-operation of the Claimant.

 

:-)

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  • 2 weeks later...
gettingthere

gettingthere

Posted
  • Author
Posted (edited)

We have now received the above N.24 Standard Order for stay for settlement. As you can see it is dated on the bottom 13th September but on the top it is dated 24th September. It was received this morning 28th September.

 

It states that on or before the 27th September one of the paragraphs should be complied with although the claim is stayed until 11th October.

 

Obviously we cannot meet the date of 27th September.

 

We have heard nothing from MKDP LLP regarding this claim and still have no documentation from them at all.

 

We assume that we send another directions questionnaire and draft directions as per post #73. If so we will post them on Monday for them to get there 1st October.

 

Should we ring court explaining that N.24 was not received until 28th September?

 

Will put attachment on in a moment - didn't work 1st time

Edited by gettingthere
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slick132

slick132

Posted
Posted

Hi GT,

 

I suggest you write to the Court Manager saying :-

 

The court directions form N24 was dated 13th September but was not issued until 24th September and gave a deadline of 27th September.

 

In view of the delay in sending out the directions, I respectfully ask that the deadline be extended to 11th October.

 

As I filed a Directions Questionnaire in August, please confirm if you require another.

 

A copy of this letter will be sent to the Claimant.#

 

You could then write to MKDP saying :-

 

I enclose a copy of my letter sent today to the Court Manager.

 

In view of the court's directions, please confirm whether you are willing to attempt to reach settlement without the court's involvment.

 

Please also supply the information that I requested in my letters dated xxxx and xxxx. If you fail to provide this information, the court will be informed as necessary.

 

:-)

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citizenB

citizenB

Posted
Posted
We have now received the above N.24 Standard Order for stay for settlement. As you can see it is dated on the bottom 13th September but on the top it is dated 24th September. It was received this morning 28th September.

 

That is the type of thing you would expect from a DCA, not a court !

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gettingthere

gettingthere

Posted
  • Author
Posted

We have sent a letter basically suggested by Slick132 above both to the court and also to MKDP LLP. We have also just as insurance sent another copy of Directions Questionnaire and Draft Directions to the court and MKDP LLP. Hopefully the court will now order MKDP LLP to produce the relevant documentation.

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  • 3 weeks later...
gettingthere

gettingthere

Posted
  • Author
Posted

Latest update - we have received a further N.24 Standard Order for Stay for Settlement from the court. It is in fact the same one as before but with dates crossed out and new ones inserted. So the claim was stayed until 22nd October (instead of 11th October) and by 22nd October (instead of 27th September) the same steps had to be taken. Again unbelievably this arrived on 22nd October having been posted 1st class on 21st October!

 

As we have already sent a completed directions questionnaire and draft directions to both court and MKDP (as a result of previous N.24) we assume that we need take no further action.

 

Again we have heard absolutely nothing from MKDP.

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slick132

slick132

Posted
Posted

Hi GT,

 

The courts' actions here are unbelievable.

 

The silence from MKDP is good. They may have chosen not to send you copies of items they have filed at court, but you'll find out in time.

 

:-)

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citizenB

citizenB

Posted
Posted

So why did MKDP apply for the stay in the first place.. to negotiate ? But they have not contacted you at all !

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Guest

Guest

Posted
Posted (edited)

i think it was auto stayed re mediation (usually 28 days min). under the rules, claimant then should notify court of outcome. and if they don't then J can make any order as sees fit in the circs.

 

nb. stay goes back a bit! #64, 79!

Edited by Ford
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AndyOrch

AndyOrch

Posted
Posted

See if they respond to the General Order then by 4pm 1/11 and if not request the court impose sanctions....strike out............

 

 

Regards

 

Andy

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gettingthere

gettingthere

Posted
  • Author
Posted

The saga continues! We rang on Monday 4th November to be told that the Judge had not yet looked at the papers. Then today we get a letter from the court today dated 4th November extending the time MKDP have to respond to the N.24 until 4pm on the 14th November.

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gettingthere

gettingthere

Posted
  • Author
Posted

I have now seen the 'letter' that came from the court. It is in fact a N.24 General Form of Judgment or Order which says 'It is ordered that The Claimant is to comply with the court order of 23 October 2013 by 4pm on 13 November 2013'

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citizenB

citizenB

Posted
Posted
I have now seen the 'letter' that came from the court. It is in fact a N.24 General Form of Judgment or Order which says 'It is ordered that The Claimant is to comply with the court order of 23 October 2013 by 4pm on 13 November 2013'

 

 

There you go then :) It is a shame it doesn't provide for any sanctions should they fail to obey the court.. such as a strike out of their claim :(

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

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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

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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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  • 2 weeks later...
gettingthere

gettingthere

Posted
  • Author
Posted

Good news this morning!

 

Another N24 General Form of Judgment or Order arrived. This one states Upon non-compliance with Court Orders 'It is ordered that 1. Claim Struck Out'

 

We assume that this is the end of this particular saga?

 

I cannot on behalf of my son-in-law thank everyone enough for the help that they have given us to get to this stage. In particular I would like to thank Andy for his help throughout.

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AndyOrch

AndyOrch

Posted
Posted

Well done gettingthere

 

Im delighted for you on this result.

 

Thread title amended to reflect the result.

 

Regards

 

Andy

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We could do with some help from you.

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citizenB

citizenB

Posted
Posted

Brilliant news :)

  • Confused 1

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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