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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • 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
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1st assessment, help appreciated!


gazmix
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ok thanks, do you mean a letter of reply's i will have as i know that my mind goes blank when i panic. I can take a piece of paper in there with things written to help me.

 

I'm panicking about if i fail & i'm put on JSA, i will have to go to the jobcenter to show i'm looking & applying for jobs when i can't do anything like that. Because atos were wrong.

 

I spend a lot of time at my family, but i do have a flat that io want to eventually move in to. I go there some good days & come back. Should i mention this. Part of my anxiety is living at home, but i can't be on my own yet?

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First things first.

You have the assessment and wait for the outcome

If needed you ask for a reconsideration , the only issue is that unless you sign on for JSA you get no money during that time however I believe that if you then go on to appeal your payments are backdated but I stand to be corrected.

 

If you go onto appeal you stay on ESA but only at the assessment rate until your appeal is heard which takes rather a long time

Any opinion I give is from personal experience .

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ok so i get option for mandatory reconsideration in the letter telling me if i have passed or failed? Do i chose this or just go straight to appeal? I guess it will all be in the letter. Also as it's different, i don't have to notify housing benefit?

 

thanks

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Hello Gaz.

 

My understanding is that you can't bypass the mandatory consideration because it's mandatory. If that doesn't decide in your favour, then you go to appeal.

 

I don't know about the HB bit, hopefully someone will confirm that and also if I've understood the mandatory consideration/appeal bit.

 

HB

Illegitimi non carborundum

 

 

 

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I think you would need to notify HB but as your income will be essentially nil for the time it takes them it shouldn't make a difference.

 

Best thing , if you can, is wait for the letter and then talk to them if needed as well as the council. Thinking what if does not help anyone , not that I take that advice

Any opinion I give is from personal experience .

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Yes i agree Fletch am sorry, just anxious. T-minus 4 hours to go now. All i can do is take all your advice & leemack's post which i've read a million times & hopefully i'll get a nicer person than the one my ex got. I'll wait till i get the letter & then go to the council. Losing my flat would be the final heap of dirt on my coffin.

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Hi & thanks honeybee. It was nothing like i thought it may be or anything like the one i went to with my partner. The Atos worker was lovely & reassuring that she will get me on this benefit i deserve, she said she suffered anxiety too. She was also being genuine, making gags about the noisy street outdoor & if i wanted the window closing. I recall the one i went to with my partner, he was clicking boxes on the computer all the time, hence the formulaic, cold way i expected. It was just half an hour of layed back talking about anxiety & only minimal questions. I did a lot of talking & spoke thoroughly. I couldn't believe when she said it was over... Just a few things though. She knew about my additional stress last year concerning my dads heart attack, so she's read the esa50, as that's the only place i mentioned this, i also mentioned in the esa50 about my flat, that i had it for my future when i'm ready, slowly building up to what i need to be. She didn't mention this & i think that was on purpose to see if i mentioned it!!! I wanted to but didn't if that makes sense.

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People are still interested and I am glad it went ok. I guess that as you are now waiting for the result people didn't think there was a question in there or anything they could say. I found the next stage the worst, waiting for the result but that is just me. Let us know what the result is and people can advise if there is anything you need to do....it could be that you get placed in WRAG and you want to know why etc.

 

I have been placed in WRAG and I have asked to see not only the medical report but also the decision makers report. From that I will decide if there is any point in asking for a reconsideration.

Any opinion I give is from personal experience .

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Thanks, i will let you know, she actually told me that she would recommend me for the benefit. It went so well i think there is a sting in the tail. Sorry for late reply, i usually get email notifications.

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  • 2 weeks later...

Not sure if i should start a new thread about my results, let me know if so but here goes.

Along with the medical being totally different to the one my partner went to some years back, so is the results/letter process. Hers was a list of what each point stood for & whether or not she had scored that point, also a list of the points.

 

Mine was just a letter telling me that my claim for ESA has changed, my allowance has gone up a few £ & that i'm being transferred from WRAG to Support allowance!

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I was in shock by how it went. I've been wondering if after they had their contract stopped, they've been told to work in a different way. The one i went to with my partner was a structured question & answer. The lady who was my examiner even spoke of her anxiety that she suffered from & told me that she would make sure in her report that i would get what i deserve, nothing like how i heard ATOS were! I hope that the way i was received is nationwide & that i wasn't just lucky!

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I had my assessment yesterday tbh the lady was lovely to me and asked all questions relevant to my condition pulling some of the information from my ESA50 and confirming it with me. I had home visit only lasted about 10 minutes before she said I'm going to stop it there I can see you are not coping and that I will do my best with your report for you. So hopefully I get the good news you did

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