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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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Hi Zen

 

There is not really much you can do until you receive notification of the Costs Judgment...then you can make application to vary using the N245.

 

Regards

 

Andy

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Thanks Andy. I have been thinking of seeing a solicitor so they can go further but its a hell of a lot of money, is there anyone who can have a look at the witness statement from optima to see if its worth me paying for a solicitor. I can email it them

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Zentrix, perhaps contact CAB and ask for a list of Solicitors who offer a half hour session at reduced fee. If you check them out prior to going you can ensure you are seeing someone who deals specifically with this type of issue.

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Thanks B.

 

Ok today the court letter arrived!!!

 

Dated 1st July.

Stating that I have to pay the claimants costs of today assessed at £493.00 by 4pm on July 1st 2013 in default of which the counterclaim shall stand struck out.

Also my witness statement will have to be sent by tomorrow!!!

 

That gives me no time to pay, I cant apply to pay in installments and the claimant can get my counterclaim struck out because I havent paid!!!

 

What do I do now, I am afraid that my counterclaim will be struck out and I will lose my case.

 

HELP :(

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andy isn't online at the moment, but I will leave a message for him.

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

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.

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Thanks B.

 

Ok today the court letter arrived!!!

 

Dated 1st July.

Stating that I have to pay the claimants costs of today assessed at £493.00 by 4pm on July 1st 2013 in default of which the counterclaim shall stand struck out.

Also my witness statement will have to be sent by tomorrow!!!

 

That gives me no time to pay, I cant apply to pay in installments and the claimant can get my counterclaim struck out because I havent paid!!!

 

What do I do now, I am afraid that my counterclaim will be struck out and I will lose my case.

 

HELP :(

 

 

Please note Andy's earlier response.

 

Hi Zen

 

There is not really much you can do until you receive notification of the Costs Judgment...then you can make application to vary using the N245.

 

Regards

 

Andy

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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Have you paid the fee for your counterclaim or is that why it's being struck out?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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Sounds a tad like blackmail im not sure on what basis a counter could be struck out in the default of a costs judgment payment.I would simply make application as advised above to defer it and keep the CC on track.

 

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

 

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

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  • 2 weeks later...

Hi guys, heres an update.

I sent an email to Optima asking them for detail on how to pay then, no answer in nearly 2 weeks, so I still havent paid. i dont think the court coukd enforce it anyway as the letter gives me no time to pay because it was posted after it should have been paid.

I have now recieved a trial date for the first week in August, will this be with a jury?

Also the court has been changes from Walsall to Coventry, anyone know why this has been done? Its an hour drive away.

Ringing the CAB tomorrow.

 

The item I purchased was paid for with 2 different lenders, HSBC and MNBA. The section 75 claim was paid by HSBC but MBNA wont pay. If I am unsuccesful at trial am I right in thinking that I can go back to HSBC and ask them for the remainder that MBNA wont pay? If that is the case would it be worth me telling MBNA I will do this? Would HSBC then go after MBNA for their half? Is it possible then that MBNA may have a change of heart with the thought of HSBC and court action?

 

I look forward to any replies.

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I have been thinking about contacting MBNA and seeing if I can do a deal. I dont think I can afford to finance it any further. Do you think that they would accept that I pay them the amount owed on the card but they refund me the payments that I made? I would then chase HSBC for the remainder of the claim, as they paid me back the half then I should be able to go back to them for the remainder and then clear the card amount owed to MBNA.

 

Would it be worth me contacting HSBC to start the ball rolling even though my counterclaim is due in court in 2 weeks time?

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If you purchased something for say £10,000 with 2 different credit card suppliers (£5000 each) and claimed half from the one and the other would not pay, could you go back to the other card company for the remaining £5000. Both card companies would be jointly liable for the claim?

If the answer is yes what would be the chances of the other card company paying again.

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I think even if you pay part by CC

the whole lot is claimable

 

they get it back from the people you brought the product from

so they don't lose out

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:lol:

 

OK that sounds good. My case goes to trial and I am in the situation and above but for a little more money. I think I will send a letter to HSBC today asking for the other half. If they pay I will try and do a deal before court. If they wont deal i have a chance of winning anyway but i just cant take the stress anymore.

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What have the other credit card supplier said ?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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They are trying to say that I am claiming fraudulantly. Which i

 

On what grounds.

 

Indecently the first CC provider cannot enforce the full and final element of the payment, the requirement of section 75 are not contract out-able. They are either liable under the statute or they are not. Section 173 of the CCA. IMO( full and finals made like this a seldom enforceable anyway)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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No jury, generally that is for criminal matters. There will be one judge.

 

The court has probably been changed to suit availability of judge etc.

If I have been helpful please click on my star and add a comment.

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We had previously applied for planning but the amendment didnt get to the planning before they made a decision so didnt get planning was refused. I planned on applying again but my father was then diagnosed with cancer so we put our conservatory on hold. I was acting MD at the company where I purchased the conservatory, I did the contract myself so it was all legit and I didnt have to pay comission to a sales rep. This was 1 month after my father died of cancer who was the MD up to that point. Work then got busy and I never got round to submitting the new application, we signed up for invoice financing with HSBC and then the banks all went bust and we lost all our work, we then had to put the company into liquidation so I never got what I ordered.

MBNA are trying to say that I ordered the conservatory to inject cash into the business and that I knew that the business was in trouble, which I did not! HSBC did a survy on the company and would not have taken us on if our book debts were not healthy. I have money on my credit card but if they had refunded me my section 75 claim I would not have money still owed on my card.

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