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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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Non-supply of information in accessible format for disabled person


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If someone asks a DCA or solicitor to send copies of previous correspondence in large print and they ignore the request, what are the next steps one should take, other than repeating the request?

 

I’m having this nice treatment from HL Legal. I have had the problem with other companies before and let the matter drop, but this time I am minded not to do so, as I can sniff court if I’m not careful .

 

I asked for copies of not only their own letters to me, but also those from their client and their client’s previous agents (DCAs and solicitors). I know I am legally entitled to this service but do not know how to go about it.

 

And what if the solicitor proceeds with issuing a court claim without having acceded to my request, can that be used as an absolute defence – i.e. my ‘de facto’ not having received notice in a format accessible to me?

 

Thanks for help

 

Attilo Xaci

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Thank you Rebel. I am aware of the legislation but still unfortunately I do not know how to use it and my impairment makes it impossible to go through such long documents searching. Whilst I am of course grateful for your providing the links, I just don’t know what to do next w.r.t. HL Legal. So I would welcome answers to the specific points in the last two paragraphs of my first post from anyone with relevant knowledge / experience. I’ll hold back from asking further qq until I know better where I stand.

 

Anyone, please?

 

Thanks

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Hi attilo

 

On page 86,

 

Your choices

 

There are three things you can do:

 

a) Complain directly to the person or organisation.

 

b) Use someone else to help you sort it out (alternative dispute resolution).

c) Make a claim in court.

 

You do not have to choose only one of these. Instead, you could try them in turn.

Can you access that on the link?

 

 

Thank you Rebel. I am aware of the legislation but still unfortunately I do not know how to use it and my impairment makes it impossible to go through such long documents searching. Whilst I am of course grateful for your providing the links, I just don’t know what to do next w.r.t. HL Legal. So I would welcome answers to the specific points in the last two paragraphs of my first post from anyone with relevant knowledge / experience. I’ll hold back from asking further qq until I know better where I stand.

 

Anyone, please?

 

Thanks

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Thank you, R.

 

As long as I know you and other peeps here can guide me through the process if it comes to court, I am happy to write to the solicitors again now. Should I make this a repeat request to give them chance to be reasonable or go straight to LBA? I am keen on the ADR side.

 

Am I safe to include their client's other infantrymen that they've set on me previously (various DCAs) or can they legitimately claim that I should deal with their client (a debt purchaser) ? Am slightly confused as to how much responsibility the debt purchaser's solicitor bears, though common sense suggests "full".

 

Attilo

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Hi attilo

 

Any court will want to see that you've tried to resolve the matter with the other party, also you can say that you've contacted them a few times, but they have ignored you. You will have your letters as proof and your receipts for Recorded Delivery as evidence. So, 'make this a repeat request to give them chance to be reasonable'. The creditor bears full responsibility, their DCA's are merely agents, the creditor is responsible for the DCA's actions.

 

Thank you, R.

 

As long as I know you and other peeps here can guide me through the process if it comes to court, I am happy to write to the solicitors again now. Should I make this a repeat request to give them chance to be reasonable or go straight to LBA? I am keen on the ADR side.

 

Am I safe to include their client's other infantrymen that they've set on me previously (various DCAs) or can they legitimately claim that I should deal with their client (a debt purchaser) ? Am slightly confused as to how much responsibility the debt purchaser's solicitor bears, though common sense suggests "full".

 

Attilo

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Thread moved to the appropriate forum.

 

Regards

 

Andy

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Hello R

 

Sorry I haven’t responded sooner. This is due to not being well.

In my previous post I said I am keen on ADR side. In fact, I’m not, I don’t have much faith in the process, esp with solicitors as the Opposition.

 

So my plan is to remind HL that I want large-print copy of everything that they, the Debt Purchaser and all their previous agents have sent me. And in keeping with their own tradition, I will say ‘within ten days’. If they ignore or decline, can I safely proceed then to the LBA stage?

 

Yes, I know that that the creditor bears responsibility for their agents’ actions, but in this case I am asking the current agent – a solicitor – to be providing information not only from their client but also from their client’s previous agents – other solicitors and DCAs. I can well imagine they might tell me to go to their client for that.

 

Attilo

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Thread moved to the appropriate forum.

 

Regards

 

Andy

 

 

Andy, why have you moved me? This isn't about debt collection, it's about me preparing for to take legal action against a solicitor who are discriminating against me.

 

Thanks

 

Attilo

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All organizations have to adhere to the Equality Act 2010, that includes DCA's, solicitors etc.

 

Yes, of course they do, but I was concerned that the current solicitor could simply redirect me to their client for info from previous agents since they [the solicitor] might claim not to be responsible for actions of previous agents.

 

And to repeat from my earlier post ...

 

So my plan is to remind HL that I want large-print copy of everything that they, the Debt Purchaser and all their previous agents have sent me. And in keeping with their own tradition, I will say ‘within ten days’. If they ignore or decline, can I safely proceed then to the LBA stage?

 

Attilo

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Andy, why have you moved me? This isn't about debt collection, it's about me preparing for to take legal action against a solicitor who are discriminating against me.

 

Thanks

 

Attilo

 

Because there is no litigation as yet...once you issue your claim I will move you to General Legal Issues.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Oh, I see. I thought that, because I am in effect preparing to litigate, that it was a legal matter. Never mind.

 

Could you perhaps kindly answer the question I posted yesterday afternoon please? ----

 

"So my plan is to remind HL that I want large-print copy of everything that they, the Debt Purchaser and all their previous agents have sent me. And in keeping with their own tradition, I will say ‘within ten days’. If they ignore or decline, can I safely proceed then to the LBA stage?"

 

Thank you

 

Attilo

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Im not aware if you can demand large print...certainly not a legal requirement nor a reason to litigate....if the print is legible enlarge it on your PC and re print.

 

Regards

 

Andy

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Thanks for comments – and link

 

I did not mean online material which, as you say, can be magnified, but posted material. It is normal for service providers to send large print and it is regarded as a duty under the Equalities Act. People can and do of course go to court when they have experienced discrimination.

 

My question was would it be a sensible path to now sent HL a reminder letter then, if no joy, an LBA, and then proceed to take action – presumably in small claims court?

 

Attilo

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