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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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MBNA / Idem... in court Friday 31 March 2014.. help needed. ** Claim Dismissed **


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Respect dx :-D

 

This is definitely one I can win with some help.

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This is what I need some advice on.. are the terms contained in the attached document (pdf, mbna 1 8&9 clear) part of the 'Prescribed terms'??

 

If so will 127 (3) apply as they are missing in the claimants supplied illegible t&C's. attached (mbna 1 frc 2)

 

jack

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This is what I need some advice on..

 

are the terms contained in Paragraphs 8 & 9 of clear document part of the Important 'Prescribed terms'??

 

The Clear ones are the real ones I received when I got my credit card sent to me.

There were non upon signing.

 

If they are the prescribed terms needed to be there in an agreement upon signing,

I don't think they will be able to enforce under 127 (3) as they are missing in the claimants supplied illegible conditions,

as there are no paragraphs 8 & 9..

 

I have not put the clear T&C's in as evidence as I am not sure if it will help my case.

 

Any opinions.. please

 

jack

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I am trying to find the case and paragraph the following excerpt comes from might be carey?

 

10. These observations as to ‘substance and not form’ as contended for by Judge Waksman are that the signature page and its terms and conditions do not have to take the ‘form’ of one piece of paper (the so called ‘four corners rule’), but that in ‘substance’ should be one homogenous document. I would refine that further by observing that a document that is signed as an agreement that refers to terms on the ‘reverse’ or ‘attached’ or display contiguous page numbering or in any way implying the terms were unarguably present at the point of signature would be regarded as one document containing those terms. On the other hand, a signed document that states the terms were ‘supplied separately’ or contains phrases such as ‘I have received…’ and ‘I have read …’ would suggest the terms were in another document separate from and not contained within the signed document at the time of signing.

 

regards Jack

WON lloyds walked away after second hearing £10,000 2014

 

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  • 4 weeks later...

Ok I am up and fighting the case was adjourned again in order to let the claimant get there act together.

 

To be fair the judge also asked about my Counter claim and mentioned I may be entitled to interest on the amount claimed.

 

The claimant is Idem DCA. Do I still claim against them or MBNA? I have read through some threads on won with interest and I will have a barrister representing me this time. He wants me to look into this aspect of things.

 

I am looking for help and links how Idem cope with this sort of counterclaim.

 

Also section 51A(1) supplying unrequested credit card cheques. Has anyone used this in their defence or counterclaim?

What is the the punishment for this offence? I have a load of those sheets of 5 cheques all unrequested. I did use them to pay off loans and balance transfers

etc.

 

I am very happy to make a nice donation at the end of this. So all help appreciated.

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  • 2 weeks later...

I really need some quick accurate help, my skeleton has to be in. As usual I have just spotted something .

 

The Notice of assignment letter states the NOA as being 30/01/2012

 

In the coms log it says this; Sold to Idem under Agreement dated 19/12 2011. migrated to Idem 27/01/2012. determination date was 07/12/2012

 

So which one is the assignment date..

 

Regards Jack

WON lloyds walked away after second hearing £10,000 2014

 

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I think the point at which it was sold to the new owner is the Actual Assignment date.

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Assignments tend to go through 2/3 phases before assignment is complete.

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OOH! any definite answer. sold ... migrated or ...determined??:???:

 

Have I got you lot at last .. almost as good as winning in court. :lol:

 

skeleton has to be filed tomorrow.

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where can I find a good recent thread on claiming contractual interest in restitution. I am a bit worried about using the early ones in case things have changed.

 

It is a DCA so I probably can not claim against them but I will put it in anyways, in my defence for a set off and counterclaim.

WON lloyds walked away after second hearing £10,000 2014

 

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WON Barclaycard 1st hearing £2015, 4,500

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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

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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.

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Hi Jack,

 

We've seen successes relatively recently with BC cases as MrB has linked above.

 

However, you need to be aware that other banks will not deal with reclaims in the same way and may well defend up to, and in, court.

 

See this thread for secondary info about TrancyB's case and the 2 precedent cases of Sempra Metals and Kleinwort Benson - http://www.consumeractiongroup.co.uk/forum/showthread.php?394233-Does-anyone-have-the-relevant-parts-of-kleinwort-and-or-sempra-for-CC-claim

 

:-)

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Thankyou Slick.. I have seen this is a passion of yours.. :mad2:

 

Just checking , should I have different option spreadsheets available for court. The one I have at the moment is for the total charge ie £25 plus full compound interest @29%

 

My Skeleton is a bit long but does detail everything and I only have an embarrassed Defence and a witness statement.

The 2 hearings have been very quick as they would have lost in all probability and the judge gives them another chance. This is the final hearing and I do not want them saying I am springing anything on them.

 

Any idea of how MBNA act. not found a lot. I have said in my counter claim if the agreement is found to be executed I am happy to set off against arrears.

 

Thanks for all the help... keep it coming.

 

Jack

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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Hi Jack,

 

I've now read back through the thread, more than last night when I commented briefly. :oops:

 

Did you file your Counterclaim at the same time as your defence.

 

If the contractual rate APR is high, you can use the 29.9% rate and you don't need to provide an alternative rate or spreadsheet. If the judge feels the claim is too high, (s)he can always reduce it. However, you could take a spready showing int't @ 24.9% so you have an alternative and could produce it if necessary.

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Thanks slick confirmed what I thought and I will take the 24.9%.

Yes I put in an embarrassed defence and counter claim. I then did a witness statement but just stated the facts.

 

I am doing my skelly right now but it will be a detailed document setting out the defence.

I am a bit worried if I do not do this the claimant will start moaning and there will be a costs issue. Plus the Judge did not seem very up with CCA regulations and so it may do me favour. Only in the small claims court so I may as well give it a good go.

 

Got most of it nailed. just looking for a recent s78 defence. The Claimant has replied but not fully. I have done 3 requests and let them know they have not complied so it is down to them now.

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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Ok .. got another s78 reply today. Original recon T&C's and last. No cancellation notices on either ??

 

I want to ask for all the variance t&C's in between. , The account is 1998 can someone link me up to a sample

 

I also want to write back asking for all the agreements meant to be sent out with a new token. I have had at least 5 cards sample letter would be good for both.

 

Really F##ing tired

 

regards Jack.

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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Got skeleton off now I need to request some documents.

I can not find the correct cpr for requesting information after action has started

in the small claims court.

 

Also some of the comms logs using abbreviations not in their abbreviation list, Is there a number I can phone, plus am I allowed legally to ask and be told what they mean. I am happy to post them here if there are any MBNA decipherers in the building.

 

 

 

Regards Jack.

 

 

 

Jack

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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Got skeleton off now I need to request some documents.

I can not find the correct cpr for requesting information after action has started

in the small claims court.

 

Thats because there are none...the claimant will disclose at the time the court directs them to

 

Also some of the comms logs using abbreviations not in their abbreviation list, Is there a number I can phone, plus am I allowed legally to ask and be told what they mean. I am happy to post them here if there are any MBNA decipherers in the building.

 

 

 

Regards Jack.

 

 

 

Jack

 

Andy

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Big Thanks Andy, told you I had looked...lol

 

The claimant has brought up the Notice of assignment in 4 witness statements. I contest it being sent, the date of assignment, amount and the type of assignment. They talk about an arrangement so I am naturally intrigued as to their legal rights.

My defence asks them to provide me with the deed of assignment redacted if needs be.

The "true copies" of the NOA provided to court are both dated 25th January and both not signed, I would have thought such an important document had to be.

 

The judges order for them to provide anything new has gone, so in theory they can not rely on it.

I guess I just leave it..lol, I have seen so many threads where they bring documents in on the day.

 

Also are the courts taking any notice of s60 statutory requirements. MY MBNA application form does not have the Interest or Apr on the front and before the signature. Neither does it refer to prescribed terms on the back, attached, contained, etc. It does say "you have received." that does not seem to embody or agree with something being on the reverse of the agreement. Plus the terms and conditions provided as part of the agreement do not contain the prescribed terms IMO in order to indicate they are on the reverse of the signature page. (I realise the latter being under s61)

 

I am sure there is a good thread on all this

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WON lloyds walked away after second hearing £10,000 2014

 

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  • 4 weeks later...

I have just had the DCA email me with the following.

 

I note that you have suggested that you have another credit agreement in your possession, which you will be relying on at the impending small claims hearing.

 

I would be obliged if you could provide me with a copy of that agreement.

 

Kind regards

 

Should I show them it..

 

They have also told me they will not be bringing the original CCA document to court. So my feeling is they are trying to swap to this asked for agreement .

WON lloyds walked away after second hearing £10,000 2014

 

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WON Barclaycard 1st hearing £2015, 4,500

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Hi JR,

 

Documents need only be disclosed to the court and the Claimant as per the court's directions.

 

I would not respond to the email but I hope others will comment .............

 

:-)

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I think Slick is correct.. It is my understanding that until the court orders disclosure, then you dont have to. Almost certainly as you have discovered.. Idem wont disclose unless ordered.

 

Will ask andyorch to confirm :)

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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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How do they know you have another copy ?

We could do with some help from you.

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They know because I have told them I have another agreement, in my witness statement and two court hearings. I have even disclosed it to them in my exhibits. Up till now they have denied its existence even though it does exist. I have no idea why they are asking me to provide it again except;

 

Their 1998 agreement is illegible. They have stated that the account number at the start was xxxx it was not it was zzzz and I have the original statements to prove it, but the agreement I have is for xxxx. In truth I think what I have is a section 85 for xxxx but it is causing them concerns.

 

Also they have asked to be allowed hearsay evidence so I believe they can not bring the original to the court room. Maybe they are seeking to rely on the zzzz agreement. In my skeleton I am not relying on this alternative agreement as their 1998 is so full of holes

 

 

This has started since I sent them my spreadsheet and counterclaim last week. They may be worried because in their T&Cs' it says, " we may charge to cover our costs" in line with that term, I have put them to strict proof of what their charges are.

 

I think you are all correct and I will ignore their request, as I have already disclosed it. I was a bit panicky and I was wondering why they may be after it at such a late stage. Final hearing 30th June.

 

One more question: I notice the new FCA guidance notes came out on the 01/04/2014. Should I do a final CCA so as to be after this date. That way I can bring the FCA guidance and case law in. The DCA has failed in the s78 request in several ways.

 

regards Jack

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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