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    • go do a Direct Debit Guarantee Clawback to your bank if you've now got control of his bank account finny.
    • Hello, Just to check I understand things right, he moved to a nursing home, you then kept paying the rent for a period of time whilst you sorted his belongings. You have asked to give notice and asked for backdated payments of rent from when you first asked which went ignored? They are still taking rent payments.   Have I understood correct?   If I've got anything wrong please correct me.
    • 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  
    • lowell letter = we've mugged you once - why are you not paying this other debt....😎
    • 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?  
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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.

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      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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Update: next month, I am expected to be hit with a CCJ by my creditor (ex landlord), and I have a few questions:

 

 

1. If a payment plan is agreed by the judge, can the creditor still instruct a bailiff or high court enforcement officer?

2. If my payment plan proposal is refused, I strongly suspect the creditor is going to instruct a HCE very quickly, the only asset I have is the car, I am so scared this will be taken. I am in receipt of DLA, low mobility and middle car (the second driver/part owner) no longer has blue badge/DLA award. Will the HCE be allowed to just turn up and take the car?

 

 

p.s. although we are 50/50 shared owner of the vehicle, I am on the log book and the main driver on insurance policy. (as it was cheaper in my name, £50 pcm instead of £180 pcm in the other owners name! Which would make if impossible to keep at that premium)

 

 

Also, I owe my relative (the other owner) money and I am considering giving him my share of the car but remaining on the logbook and main policy holder on insurance, will this make any difference to the HCE or bailiff action?

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Just a thought, would some kind of declaration of ownership by relative be suffice to stop bailiffs or HCE's taking the vehicle? (would it matter that the insurance remained as myself as policyholder and relative and 2nd driver and on the logbook) (relative has bank statements to prove he paid for the car)

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As I am very anxious and stressed over this,

 

 

I am just thinking I will just sell the vehicle (co owner is happy for me to do this).

 

 

I am just overly stressed how I would explain/show how I am classed as vulnerable

( I have DLA award letter/medical history) and do not have the energy to deal with this.

 

 

The CCJ is not been awarded yet,

will I get into trouble for selling the vehicle before this?

 

Also, I was reading up on this...

...does this mean I have to let bailiffs into my home if they give two clear days notice? (or have I read this wrong)

 

 

https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Page-02.aspx

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Reading back on this thread since April you have been expecting a Judgment and worrying about it. Six months later you are now expecting a CCJ and maybe also a bailiff visit.

 

I can understand your concern but the fact remains that you are vulnerable and as long as you address the documentation from the court you should not have a visit from a bailiff.

 

What you need to do is wait to receive the summons and make sure that you acknowledge the claim within the strict time period outlined in the summons. If you do not have a defence then you must ensure that you complete the Income & Expenditure form as instructed.

 

You say that the ex landlord will not access a low figure of £5 as a repayment. In fact...whilst the court will indeed contact the creditor to seek their opinion n the repayment proposal..the fact remains...if the creditor disagrees...then the Judge makes the ultimate decision and on doing so, he will take full account of the figures outlined in the Income & Expenditure.

 

Have you yet received a Claim Form and if so....what date was the claim issued?

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  • 3 weeks later...

Update:

 

Landlord illegally evicted me (forced entry, changed locks) and failed on numerous occasions to protect my deposit. I would like to instruct a solicitor to deal with illegal eviction and penalty for deposit. Will i be eligible for legal aid? I recieve ESA & DLA If so, how do i find a solicitor please? I plan to deal with these issues in my defence as LL is re-applying to the court for possession, using s8 notice.

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Update:

 

Landlord illegally evicted me (forced entry, changed locks) and failed on numerous occasions to protect my deposit. I would like to instruct a solicitor to deal with illegal eviction and penalty for deposit. Will i be eligible for legal aid? I recieve ESA & DLA If so, how do i find a solicitor please? I plan to deal with these issues in my defence as LL is re-applying to the court for possession, using s8 notice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?360908-LL-wants-me-to-leave-before-AST-expires!!!&p=4453870&viewfull=1#post4453870

 

Reading some of your previous posts, are you sure it was LL that changed locks and not Bailiffs with a valid warrant !

 

Thank you...

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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  • dx100uk changed the title to me and my landlords
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