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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lloyds TSB are getting Sloppy "WON*


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Well, the online claim to the Court went in yesterday so I guess I will have to wait for a response now (14 days). Am I right in saying I wait 14 days and if no response (would that be an email on the online claim or a letter??) then I have won. If they respond they have a further 14 days.

 

Am I right or not.

 

Thanks

 

Badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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I've merged your threads to keep your story in one piece. Please keep to one thread.

 

 

You will receive notification from the court of an issue date and case number (don't forget to inform BankFodder of this so he can put it in litigation). Your 14 days starts from the issue date.

 

Good luck.

Vamp.:)

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  • 4 weeks later...

Well I hope this is the last of their scare munger tactics if not I am in court. I have sent my allocation questionnaire back to the court and to Lloyds TSB, they have till the 5th July to put in their defence.

 

I sopke to the court and they informed the the judge may well allow them a few more days after the date in which to submit their defence, is this normal?

 

If it goes to court I will be in need of some serious help.

 

Fingers crossed!!!

 

Badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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This claim seems to of been going on for months can you post a time line for each of your actions please so we have a better idea of exactly whats been sent and when then we would be in a much better position to advise you.

 

Just after you send the AQ is when they usually send you an offer with a lot of conditions atatched and also another letter setting out there defence points again.You do not have to accept any conditions

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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This claim seems to of been going on for months

 

A Lloyds TSB claim going on for months! Shock horror! They're time will come - just wish there was more we could do to speed them along - quite interested in the consequential loss argument posted recently as feell they deserve it!

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  • 3 weeks later...

Well D day was yesterday for the bank to submit their questionnaire, I rang the court this morning and they said it hadn't been received. I was told they will send notice to the judge and he is likely to give them another 5 days to submit it, is it normal for the bank to submit it in this period or have I won the battle???

 

Any guidance would be appreciated

 

Badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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Usually Lloyds are on time for submitting their AQ - could be that your case has slipped through :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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In my case mjanet v Lloyds TSB they did not submit the allocation questionaire .2 weeks ago the judge made an order that if they do not submit an allocation questionaire to the court and serve one on me by 4 pm today that I can apply for judgement in default.Since then the solicitors have been panicking to get me to agree settlement , they are still trying to apply conditions but so far I have refused 3 offers and they are now emailing me back immediatly with updated offers.For some reason they do not want to submit this questionaire.

I would not worry about it and sit back and wait for the settlements to start being offered , obviously still read and do your homework :D

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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In my case mjanet v Lloyds TSB they did not submit the allocation questionaire .2 weeks ago the judge made an order that if they do not submit an allocation questionaire to the court and serve one on me by 4 pm today that I can apply for judgement in default.Since then the solicitors have been panicking to get me to agree settlement , they are still trying to apply conditions but so far I have refused 3 offers and they are now emailing me back immediatly with updated offers.For some reason they do not want to submit this questionaire.

I would not worry about it and sit back and wait for the settlements to start being offered , obviously still read and do your homework :D

 

Thats a beautiful read, cant wait to see what happens with it. Nice to see them running around like headless chickens instead of us.

Data Protection Act Request sent 22nd April 2006 (recorded delivery) to Penny Berryman 40 days up on 1st June 2006.

 

Statements recieved 5th May 2006

Claiming back = £3913.65

 

Preliminary Letter Sent 5th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 9th May

 

Letter Before Action Sent 9th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 12th May

 

Moneyclaim filed issued 6th June (14 days to reply) Time up on 20th June.

 

Acknowledged 15th June (28 days to defence)

Time up on 13th July.

 

Defence Recieved 7th July

 

Going Before the Judge 15th September

 

Court Date 5th December

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They handed in their allocation questionnaire 1 day late but the court have accepted this, anyway that is not my point. I am getting a little nervous now as the court said a date will be through soon. Surely they know I am not going to back down now so why have I not received any offers as yet?

 

How long is it before the court date before people generally get an offer??

 

 

Badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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Panic not Badgerboy, i am at the same stage as you just waiting for court date but read mjanet thread, they will soon start to panic when the court date looms.

10/3 Preliminary letter sent to bank

17/3 Acknowledgment letter recieved from bank

24/3 LBA letter sent to bank

19/5 Claim filed with court

10/6 Defence filed by bank

13/6 Allocation form filed with court

18/10 Preliminary hearing set by court for 10/11

21/10 documents for claim filed with court

3/11 Money deposited in account

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What jamieadi said Badgerboy - in the majority of cases, it seems, Lloyds make their settlement offer after the AQs have been returned - it's not that often they make an offer before.

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 2 months later...

Well I have followed it this far, I have my court date as the 9th November. Can anyone tell me when I should receive an offer, I need to submit my case within the next two weeks will it be after that or could court be looming.

 

Badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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there's doesn't seem to be a set pattern anymore. some are receiving offers before submitting their Allocation Questionnaire, some are receiving an offer a day or two before the court date, some are not receiving an offer at all and do end up in court. you have got to be prepared to go all the way i'm affraid.

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I have about two weeks now to submit my court case to both the Lloyds solicitors and the court. I haven't got a clue what I should be submitting, can someone help please. I looke din the library and saw a rough pack which was psoted by bookworm but read it and wasn't entirely sure what I should amend for my case.

 

It that the idiot guide or is there another available.

 

Regards

 

badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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You mentioned that you have to imput your own details in the case material. What do I specifically put and where in the case material do I put it. Or do I just submit what you have put in the zip file?

 

Just getting a little flustered, do I need to mention the CD with Peter MacNamara? What else shall I submit?

 

Badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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I need to know whether I add the zip file as my case that bookworm did in the templates or do I send the audio of the Lloyds guy. Or do I send both???

 

I need to submit by next Thursday.

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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Hi Badger

There is an excellant post by wolfcub it is in the Lloyds tsb sub forum, she details her case from start to finish and includes her court case notes .

She actually went to court but scm never turned up and had to send a local solicitor the judge adjourned the case , it is an excellant read and should put your mind at rest

good luck

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A bit wierd but a win is a win I guess. I checked my online banking account with Lloydstsb today and there was a deposit titled Bank settlement Claim and the total of £788.33, which is the correct amount with interest.

 

I haven't recieved any letter or heard a word from them. I was due in court on the 9th November. This can't be normal.

 

I decided to ring Sechiari, Clare & Mitchell to ask them, they said they knew Lloyds were going to pay me but hadn't asked to send a letter to me yet. Seems like they are getting sloppy.

 

Must be a breakdown in communication. I thought I was meant to receive an offer and I had to accept it, I didn't think they would automatically pay it into my account without any notification.

 

Should I respond???????????

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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A bit wierd but a win is a win I guess. I checked my online banking account with Lloyds TSB today and there was a deposit titled Bank settlement Claim and the total of £788.33, which is the correct amount with interest.

 

I haven't recieved any letter or heard a word from them. I was due in court on the 9th November. This can't be normal.

 

I decided to ring Sechiari, Clare & Mitchell to ask them, they said they knew Lloyds were going to pay me but hadn't asked to send a letter to me yet. Seems like they are getting sloppy.

 

Must be a breakdown in communication. I thought I was meant to receive an offer and I had to accept it, I didn't think they would automatically pay it into my account without any notification.

 

Should I respond???????????

 

Hi you should have recieved an offer, but you have your full amount and you cant refuse it as it is the full amount. They are getting sloppy "Bless" but then they are busy ;)

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