Jump to content


  • Tweets

  • Posts

    • 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.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

What should I do now


bluenoseboy
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6402 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ok, I've send the letter for my statements. Got them back and sent another one asking for the money they owe me (£2785). Barclays sent a letter making me an offer withoutliability and all that caper for £1000.

 

I've read through some of the topics and forums but I am unsure what to do now. Help!

October - Letter sent for statements

October - Statements recived. Highlighed my charges (£2785) and sent a letter asking for the amount to be refunded in full

November - Recieved reply making an offer of £1000 which I will not be accepting.

30/11/06 - MCOL 3220.11 INC 8% - wait 14 days...(14/12/06)

Acknowledged on the last day :( 28 days to respond

03/01/07 Barclays are defending. Not sure what happens next...

 

Thanks for everyone's help so far

Link to post
Share on other sites

Accept the offer as a partial settlement, ask for the balance and if they don't want to play ball, take 'em to court in the way described in these pages.

 

To my mind, them offering something and you accepting it as a partial settlement looks god for the future.

Jimbo 44 - always happy to help, but always willing to learn from being corrected too!!! Whilst any advice given may be based upon personal experience, please always be sure you seek guidance from a professional in the particular field.

 

Never be afraid to try something new. Remember that a lone amateur built the Ark, but a large group of professionals built the Titanic.

 

A 'click' on the scales is always appreciated if I have helped. Many Thanks!

Link to post
Share on other sites

Thanks Jimbo! Is there a standard letter or should I just write back accepting it as a partial settlement and ask for the balance?

October - Letter sent for statements

October - Statements recived. Highlighed my charges (£2785) and sent a letter asking for the amount to be refunded in full

November - Recieved reply making an offer of £1000 which I will not be accepting.

30/11/06 - MCOL 3220.11 INC 8% - wait 14 days...(14/12/06)

Acknowledged on the last day :( 28 days to respond

03/01/07 Barclays are defending. Not sure what happens next...

 

Thanks for everyone's help so far

Link to post
Share on other sites

Thanks Jimbo! Is there a standard letter or should I just write back accepting it as a partial settlement and ask for the balance?

 

Sorry for the delay getting back to you - some foul, four letter word beginning in 'w' and ending in 'k'.... and with 'o' and 'r' in the middle!!!

 

Have a look in the Templates Library at this letter: 'Rejection of Settlement Letter'. Modify it where necessary and I think it will fit the bill for you.

Jimbo 44 - always happy to help, but always willing to learn from being corrected too!!! Whilst any advice given may be based upon personal experience, please always be sure you seek guidance from a professional in the particular field.

 

Never be afraid to try something new. Remember that a lone amateur built the Ark, but a large group of professionals built the Titanic.

 

A 'click' on the scales is always appreciated if I have helped. Many Thanks!

Link to post
Share on other sites

I've written back accepting the partial payment but given them 7 days to get back otherwise see you in court. I'm not sure if I should've given them 14 days now though. Can anyone tell me?

October - Letter sent for statements

October - Statements recived. Highlighed my charges (£2785) and sent a letter asking for the amount to be refunded in full

November - Recieved reply making an offer of £1000 which I will not be accepting.

30/11/06 - MCOL 3220.11 INC 8% - wait 14 days...(14/12/06)

Acknowledged on the last day :( 28 days to respond

03/01/07 Barclays are defending. Not sure what happens next...

 

Thanks for everyone's help so far

Link to post
Share on other sites

I've written back accepting the partial payment but given them 7 days to get back otherwise see you in court. I'm not sure if I should've given them 14 days now though. Can anyone tell me?

 

I think 14 is more the norm. I think it also shows you're really trying to give them an opportunity to settle without resorting to court. I think we all know from experience how slowly the wheels of big business revolve - unless it's you that owes them money, of course!!

Jimbo 44 - always happy to help, but always willing to learn from being corrected too!!! Whilst any advice given may be based upon personal experience, please always be sure you seek guidance from a professional in the particular field.

 

Never be afraid to try something new. Remember that a lone amateur built the Ark, but a large group of professionals built the Titanic.

 

A 'click' on the scales is always appreciated if I have helped. Many Thanks!

Link to post
Share on other sites

Ideally you should give them a total of 28 days before issuing a court claim as it shows the judge you have made attempts to settle without the court.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

28 days from when? I've had one letter back saying here's £1000 as a gesture of goodwill and the second one says....sorry we cannot offer you a full refund but if you still want the partial offer, please sign and return the form

October - Letter sent for statements

October - Statements recived. Highlighed my charges (£2785) and sent a letter asking for the amount to be refunded in full

November - Recieved reply making an offer of £1000 which I will not be accepting.

30/11/06 - MCOL 3220.11 INC 8% - wait 14 days...(14/12/06)

Acknowledged on the last day :( 28 days to respond

03/01/07 Barclays are defending. Not sure what happens next...

 

Thanks for everyone's help so far

Link to post
Share on other sites

28 days from when? I've had one letter back saying here's £1000 as a gesture of goodwill and the second one says....sorry we cannot offer you a full refund but if you still want the partial offer, please sign and return the form

 

In that case I think your 7 days is adequate

Jimbo 44 - always happy to help, but always willing to learn from being corrected too!!! Whilst any advice given may be based upon personal experience, please always be sure you seek guidance from a professional in the particular field.

 

Never be afraid to try something new. Remember that a lone amateur built the Ark, but a large group of professionals built the Titanic.

 

A 'click' on the scales is always appreciated if I have helped. Many Thanks!

Link to post
Share on other sites

Do you think I can start my MCOL now then? IS that the next step after my LBA. I have read the FAQ but I want to be 100% sure

October - Letter sent for statements

October - Statements recived. Highlighed my charges (£2785) and sent a letter asking for the amount to be refunded in full

November - Recieved reply making an offer of £1000 which I will not be accepting.

30/11/06 - MCOL 3220.11 INC 8% - wait 14 days...(14/12/06)

Acknowledged on the last day :( 28 days to respond

03/01/07 Barclays are defending. Not sure what happens next...

 

Thanks for everyone's help so far

Link to post
Share on other sites

Do you think I can start my MCOL now then? IS that the next step after my LBA. I have read the FAQ but I want to be 100% sure

 

Assuming you used the LBA letter in the Templates section, the answer is 'Yes'.

 

That letter says you'll begin a claim within a specified time:

 

"I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice."

 

So, having made the threat, you should now carry it out. Just make sure though that you have given the bank the time to repond fully that you stated in your LBA. Also, if you deleted the passages in red, then you shouldn't apply these to your claim.

Jimbo 44 - always happy to help, but always willing to learn from being corrected too!!! Whilst any advice given may be based upon personal experience, please always be sure you seek guidance from a professional in the particular field.

 

Never be afraid to try something new. Remember that a lone amateur built the Ark, but a large group of professionals built the Titanic.

 

A 'click' on the scales is always appreciated if I have helped. Many Thanks!

Link to post
Share on other sites

From my limited knowledge, I think this is ok (below). This is what was in my letter

Thank you for your letter dated 11/11/2006

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £2785

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

You have until 22/11/06 to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

October - Letter sent for statements

October - Statements recived. Highlighed my charges (£2785) and sent a letter asking for the amount to be refunded in full

November - Recieved reply making an offer of £1000 which I will not be accepting.

30/11/06 - MCOL 3220.11 INC 8% - wait 14 days...(14/12/06)

Acknowledged on the last day :( 28 days to respond

03/01/07 Barclays are defending. Not sure what happens next...

 

Thanks for everyone's help so far

Link to post
Share on other sites

What do you mean by issue?

October - Letter sent for statements

October - Statements recived. Highlighed my charges (£2785) and sent a letter asking for the amount to be refunded in full

November - Recieved reply making an offer of £1000 which I will not be accepting.

30/11/06 - MCOL 3220.11 INC 8% - wait 14 days...(14/12/06)

Acknowledged on the last day :( 28 days to respond

03/01/07 Barclays are defending. Not sure what happens next...

 

Thanks for everyone's help so far

Link to post
Share on other sites

What do you mean by issue?

 

"Issue" the necessary summons etc in the County Court

Jimbo 44 - always happy to help, but always willing to learn from being corrected too!!! Whilst any advice given may be based upon personal experience, please always be sure you seek guidance from a professional in the particular field.

 

Never be afraid to try something new. Remember that a lone amateur built the Ark, but a large group of professionals built the Titanic.

 

A 'click' on the scales is always appreciated if I have helped. Many Thanks!

Link to post
Share on other sites

MCOL? When I fill that in, what do I have to send off?

October - Letter sent for statements

October - Statements recived. Highlighed my charges (£2785) and sent a letter asking for the amount to be refunded in full

November - Recieved reply making an offer of £1000 which I will not be accepting.

30/11/06 - MCOL 3220.11 INC 8% - wait 14 days...(14/12/06)

Acknowledged on the last day :( 28 days to respond

03/01/07 Barclays are defending. Not sure what happens next...

 

Thanks for everyone's help so far

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...