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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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Wilkins vs Halifax ***WON***


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Hi everyone:lol:

I have received my letter from the halifax stating they will be in touch within 4 weeks. I have supplied a spreadsheets of costs etc, and allowed 14 days which runs out on Tues 14 Nov. I have already filled in my court claim form online as I dont think I will hear before then. Is this right?

 

I am claiming £2306.24 in charges inlcuding interest. I am in the process of doing credit cards aswell. :eek:

 

How long does it take to settle for everyone? When should I expect payment if court letter goes next week?

 

Thanks Sharon :-)

 

11.8.06 S.A.R - (Subject Access Request)

29.10.06 Requesting charges back

2.11.06 Received letter to say will get back to me in due course

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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STOP

 

It does seem as though you are rushing along here without really understanding the process - carry on in that fashion and you will find yourself in difficulty and will put your claim at risk.

 

I hope, when you refer to the court claim, you mean you have simply started the process of filling it in and have not actually pressed "go" and started the action???

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi

Yes your right, I havent filed the court claim yet just getting it ready as thought it might take a while. Ive saved it for when I need it.

I am sending the Halifax another letter on Tuesday if I do not hear from them, giving them another 14 days. then if nothing, I will forward to court. Is this right??

You seem I am rushing, this was started in August so I dont think I am

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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Hi

I the letter off to halifax 14 days a go requesting payment. I have allowed 14 days, and only received 1 letter to say they are dealing with it and will be in touch within 4 weeks. Is this standard??

Do I send another reminder letter at this stage, or wait for the 4 weeks? What do I do then?

Appreciate any help you can give xx :razz:

 

11.08.06 SAR REQUEST (40 DAYS) - failed to respond in 14 days

29.10.06 REQUEST FOR PAYMENT 1ST LETTER (14 DAYS)

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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So I Dont Wait For Their 4 Weeks Then? Great!

I Will Start Letter Off Tomorrow If I Dont Get Anything In Post. Does It Normally Get To This Stage? How Long Do You Think It Will Be Before Court? And Once They Agree Settlement, Do They Pay Straight Away?

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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  • 2 weeks later...

:confused: Please can someone help me. I have been throught the prcoess of SAR, LBA etc etc, now the halifax have offered me £175 when they owe me £2542.

I am just about to do my online claim, but was wondering what you put in the claim details?? Also, I am so scared that this is going to go wrong.

The letter I received today says "i confirm we will not refund your charges you have occurred on your account over the last 6 years. i must also stress that future cahrges will stand and we reserve the right to close your account."

want to do claim but scared i will pay £120 to court and not get a penny back

can you help????

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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Wilkins

 

You will get your money back..every penny including the court fees.

 

But to fill in the MCOL form online you must read up on how to fill this in properly.

 

The part of the form called 'Particulars of Claim' causes the most problems because you have limited space to add in all the info you need.

 

Do some more reading and have a look at this

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

It will give you all the help you need.

 

Good luck

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Hi

 

Thanks! :D

 

I have wrote the below, is this ok??

 

1. The Claimant has an account XXXXXXXX with

the Defendant, opened 1991. 2. Since 1991

the Defendant debited charges and interest

in respect of purported breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent.

4. Claimant contends: (a) The charges exceed

the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of £1575.00; (b) Interest

per S.69 County Courts Act 1984 of 8% -

£731.24 continuing at 8% until judgment or

settlement. 6. Alternatively, if the charges

are a fee for a service, then they must be

reasonable under S.15 of the Supply of Goods

and Services Act 1982. 7. Costs allowed by

the Court.

 

Please let me know, as wanting to send court form away asap

Thanks everyone who reads and replies

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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thanks for your replies kate. appreciate your help.

 

i have amended it, does this look right now?

 

1. The Claimant has an account xxxxxxxx with the Defendant, opened 1991 2. Since 1991 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £1575.00; (b) Interest per S.69 County Courts Act 1984 of 8% - £731.24 continuing at 8% until judgment or settlement at a daily rate of £0.50p; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court plus £10 subject access request fee

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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Hi kate, your a star! :D

 

I feel ok with the rest of the form, my details, banks details. Then putting amounts in. One thing I was wondering was in my little bit above I have entered £1575 as amount claiming, but I want interest etc aswell. Should I put this amount here, or total amount? I know I have mentioned interest afterwards so I assume court would understand claiming both amounts totalling something like £2306

I will pay this court fee of £120 and get this underway. Im panicing but must be done :o

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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so is this wrong? should i put in the bit that charges are £2306 not £1575? or do i leave like that with interest as 731

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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just to let you know... we were claiming over £2500 from the halifax, after the letter before action they sent us the same letter as yours... saying they will never ever ever pay us back the whole amount... that we are irresponsible.. and that as we have declined the £600 offered they can't do any more for us...

i filled in the N1 form and delivered it as there wasn't enough space on the online thingy to fit our claim... make sure you don't edit your claim just to save time so it will fit on moneyclaim... i think some people have come unstuck that way!

 

anyway... we received a letter from the court to say that halifax intended to defend our claim... but then we never heard back from them... we filed a request for judgement on monday... got judgement in our favour thru post on thursday...

got grovelly... kissy.. phone call from halifax on friday.. very sorry we haven't already refunded you THE WHOLE AMOUNT... we'll action it on monday!

 

so we got back all charges PLUS 8% interest PLUS £120 it cost us!!

Total £3018!!!

GOOD LUCK

UP THE REVOLUTION!

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wow - that makes me feel much better to know its not only me. I hope I have the same luck as you!

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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After filing at MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

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Hi:D

Thanks everyone for your help.

I have only one more question before I file the court claim. I did my spreadhseet of charges at the beginning of October and it is nearly December now. I realise the interest wil of increased, but should I up date spreadsheet at this point or leave as it is so everything is the same. will the courts etc just add the increased amount on?

 

Thanks again!

xx

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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thats excellent thanks. Just done it and its added another £70 onto claim, wow! Im loving this. If this goes ok, I will be doing other banks and visas aswell as had charges there too. Just want to build my confidence in this one first.

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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hi

yes i have put into spreadsheet. i am claiming back to 1991. i have read some people claiming that far and i am giving it a go. i had alot of charges in 1999 and interest is alot from then also. ive used the spreadsheet and thats what it says. court can only cut off these days and reduce my payment, but worth ago when others done it

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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do you think this is worth a try or should i just claim the 6 years?:x

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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