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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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NIP issue with Husband


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Well, I'm usually asleep by this time but totally stressed with a situation because of my incompetent husband. I received a NIP for a speeding offence in Oct 15, I am the registered keeper. As I wasn't the driver of the vehicle, I signed the form and dated it and gave it to my husband to fill in the details. At the time we were separated, so I left it at his and told him to deal with it. It's August now and god only knows the truth whats happened but one of his mates was called into court to fill in a statutory declaration because he wasn't driving the vehicle at the time. I've come to know now they're going to probably going to get in touch with me now for an explanation. I will tell them that my husband should have dealt with it, but will I be in trouble for this as I've never done anything wrong or been in trouble before :-(:mad2:

 

So just to confirm, the original NIP was signed and dated by me but all other details were left to my husband to fill in.

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why did you get him to fill it in. ALl you had to do was supply his details and send it back. Also, one of his friends filled in a stat dec for him?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Well, I'm usually asleep by this time but totally stressed with a situation because of my incompetent husband. I received a NIP for a speeding offence in Oct 15, I am the registered keeper. As I wasn't the driver of the vehicle, I signed the form and dated it and gave it to my husband to fill in the details. At the time we were separated, so I left it at his and told him to deal with it. It's August now and god only knows the truth whats happened but one of his mates was called into court to fill in a statutory declaration because he wasn't driving the vehicle at the time. I've come to know now they're going to probably going to get in touch with me now for an explanation. I will tell them that my husband should have dealt with it, but will I be in trouble for this as I've never done anything wrong or been in trouble before :-(:mad2:

 

So just to confirm, the original NIP was signed and dated by me but all other details were left to my husband to fill in.

 

Just to clarify : you are the registered keeper?

You received (as RK) an NIP for speeding, and a notice requiring you as RK to identify the driver (under s 172 of the Road Traffic Act 1988)?

 

You signed it and dated it, but instead of identifying the driver you passed it to your husband (but S172 requires the RK to complete it!)

 

Was your husband driving?

Somehow, one of your hisband's friends got nominated as driver, on a form you had signed and dated?

They then got (or were going to get) prosecuted, but signed a statuatory declaration declaring they weren't the driver??

 

Forget about the speeding itself.

If the friend was driving he can no longer be prosecuted for the speeding due to the time elapsed but will be facing prosecution for peverting the course of justice by a false stat dec.

 

If the friend was driving : you and your husband need to make your own statuatory declarations and let the friend "take his medicine".

If the friend wasn't driving, but got named on the s172 form you face a problem - prosecution for failing to complete the form if they accept that you merely signed it and dated it, or for perverting the course of justice if they believe there was a conspiracy to mislead.

 

I think you need to get formal legal advice,

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Salutory lesson to others: Do what the NIP instructs you to do in the first place, or things will come back and bite you on the bum.

 

 

You should have simply filled in the details of who you believe was driving, or say that it wasn't you but you don't know who it was as the vehicle wasn't in your possession at the time, and sent it back to the appropriate constabulary.

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When the NIP arrived I asked him and he said one of his mates was driving the vehicle on the date in question, he said leave the form with me I'll get the details from him.

 

It's my husband I'm talking about, I trust him and didn't think this was going to come back, I thought he dealt with it. My husband is not giving me the full details, however I will tell the court or police what happened, but will they take it up with him or am I responsible for this mess?

 

He says one of his mates filled in the details and sent the NIP off. However whichever mate it was obviously provided the wrong details hence one of his friends going to file a statutory declaration.

 

He's been called into court once already, but they've called him in again on the 31st. I'm worried as anything about my job and my kids.

 

I wish I had filled the details myself now.

Edited by honeybee13
Paras.
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