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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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legal rights


lancstar
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can anyone recommend a good site for legal matters

 

my son and his partner have been separated for 9 months she walked out saying I've had enough

 

he has been struggling to pay the joint mortgage on the house on his own and

 

at the start of the split she agreed to him paying the mortgage and not any child support

he could not afford both

 

it's now got bitter and shes stopped him seeing his daughter which is ripping him apart

 

shes allso contacted the CSA for money and now hes left in the dilemma that he can only pay the child support and not the mortgage

 

over the past 9 months she's not payed 1p towards the mortgage or any bills and refuses to let my son sell it to clear the dept

 

is there not a rule that allows my son to sell it after so long

 

sorry for going on abit

any info would be appreciated

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Unfortunately we do not recommend professional services.

 

We are a self help site which relies on the experiences of others in similar situations. Although there are professional people amongst the caggers, they do not self promote - just offer advice where they can.

 

I can move your thread to the legal issues forums in order to see if we can attract some more attention to your situation.

 

Who is living in the joint property ?

 

This is indeed a tragic situation and sadly when relationships end with such bitterness, nobody benefits :(

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Hello

 

I'm sorry to have read about the situation regarding your son. Sad when a relationship breaks down.

 

I'm not legal minded to help - sorry, so am just asking a question.

 

You said his partner walked out, so I'm assuming they are not married. Is it a joint mortgage? If not, whose name is it in?

 

I'm certain and sure that there will be someone on this site who will be able to help you in regards to this, but has your son thought about going to Citizens Advice Bureau as they may - should - be able to help him with this in regards to advice.

 

You're probably cursing me right now for replying and seeing me as a time waster. For that I sincerely apologise. I'm just replying as I saw fit.

 

There is help out there in regards to this situation so don't panic.

 

Wishing you both lots of luck.

 

bohomiz

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I am sure no one would think that, bohomiz :) It is always good to know there is someone who, whether they can advise or not, is able to offer a word of support :)

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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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I am sure no one would think that, bohomiz :) It is always good to know there is someone who, whether they can advise or not, is able to offer a word of support :)

 

Absolutely right. Many people come here when they are at the end of their tether and absolutely desperate. The person who can help with advice may not be online at the time and just the fact that someone has cared enough to answer their post can be a great help in itself. It also bumps up the post again.

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this site never fails allways helps me to get started no matter what

 

i'll start by saying to bohomiz your advice is appreciated no matter what it is even just the acknowledgement that it's not a good situation my son is in

 

i allso recommended CAB and when he went found them snowed under and after queuing for over 3 hours did not get much info apart from prices on court cost

and mediation and so on which to be honest did not help much

 

i decided consumeractingroup was best place to start and by the look of it i was right

 

yes it's a joint mortgage that's the only way they could afford it two two incomes not married 1 child

 

my son is living in the property shes renting a friends house

 

could admin please move this to the right thread

 

thanks all and future helpers

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Hi lancstar,

 

I'm sorry your son is going through such a rough time and it must be so hard on him not to see his daughter. And you too, if his partner won't let you see your grandchild. It is really so unkind to use a child as a pawn.

 

He really needs to get good legal advice and I know it is difficult to choose a solicitor. I would suggest he starts by talking to a largish general practice in the nearest big town. Good solicitors should offer half an hour for free to see if they can help, and to allow him to see if he is happy with them. He, and you, should also ask around all your friends, and ask them to ask their friends, about good and bad experiences they have had. Some solicitors in an area can be quite friendly with each other - they meet at the golf club! - and they just nod things through rather than fighting for their client, so if he is in a small town I'd suggest he looks in a larger one.

 

Some people can handle a separation amicably, but from what you have said it doesn't sound too likely in this situation so he needs someone tough on his side.

 

Your son cannot sell the house if it is in joint names unless this is agreed with his partner because she would have to sign the papers. If he doesn't pay the mortgage the house could be repossessed. Depending on the equity in the house, if there is not enough to pay off the mortgage your son (and his partner) could still owe the bank/building society more money. Properties are often sold very cheaply after a repossession as the lender is only really interested in recovering their own money, not in getting the best price.

 

Most importantly he needs to get a solicitor to represent him in court with regard to access to his daughter.

 

As he has the CSA on his back he needs to get legal advice as soon as possible, but he should concentrate on the mortgage for now.

 

I assume his partner hasn't yet got a solicitor, so your son needs to find the best one he can. He may be able to get legal aid, depending on his circumstances. He can fill in a questionnaire online which might help him to see if he can qualify.

 

I hope that helps a little. Please fire back any questions and we'll try and help where we can.

 

DD

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Moving to Legal Issues

 

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Sorry to hear about that.

 

Was your son married? If so this will have important implications, and a sale of the house should be agreed (or ordered by the court) as part of the divorce settlement.

 

If he wasn't married, then perhaps necessary to apply to court for an order that the house may be sold ... and hopefully ex will agree to this before reaching court as otherwise she risks being ordered to pay the legal costs.

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has child support been ordered by the CSA/court? if not, stop paying it and seek the advice of a family matters solicitor straight away and offer mediation via solicitor/family court. Be seen to being co-operative, he will have to show I/E and so will she along with assets etc.

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  • 2 months later...

This thread is now in "General Legal Issues"

 

It is purely an administrative move.

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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