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    • I contacted Sanctury housing in August 2023 after informing them my father in law who had Dementia had moved into a Nursing home December 2022. We kept the flat for 8 months until such a time we could accomodate some of his furniture that my wife wanted to keep. I contacted them in August 2023 to let them know the situation by email as I was the named person that could speak on his behalf. I informed them that we had left it to late for POT and were seeing a solicitor for Deputyship of his financies. I asked them what information would they need in order to give notice on the flat and we could provide details of his condition and nursing home. This went ignored I left it a month and then called them October 2023. I was promised a call back from a manager over the next few days. This never happened and it was end of November when I contacted them again and they had no record of me calling them. I explained the email and again I was told the local manager to the area would call me. This never happened and I ended up emailing them in January 2024 with a copy of the email from August. Again this went ignored and I had explained to them that we couldn't just go to the bank and stop the DD as we had tried. This email again went ignored. I then had a letter written to our home address in February asking us to get in contact with them (local manager) as they were concerend nobody was living in the flat. He had an email address so I copied in the last 2 emails to say I had been trying to give notice since August 2023. I also stated that I would like the rent that was paid from August 2023 refunded back to his account as I had officially tried to give notice then and it went ignored. He replied to us about wanting to look at the flat then notice could be given once he had contacted the nursing home to confirm he was actually living there now. Notice was giving for the 22 March 2024 and this would be when rent would stop and no further payment would be taken by this point. The fact I asked to be back dated went ignored. I have since noticed on 2 banks statement for April and May that they are still taking Rent payments of £501 from his bank. Further to this which seems very strange. He was with Eon Next for his utility bill again we were having problems getting this stopped as they needed a named person on his account which there wasn't one despite me managing his online account for him. I didn't check the email address that often that I used to set it up and went to check as noticed the credit he had built up with not living there was all getting refunded in February. The email said £600 would be refunded to his account with a (sorry you are leaving us message) but how can he leave as nobody but himself had access to speak with them. I also noticed the lady in the flat above him had a letter from her bank sent to his address with his address details but his name which was dated 4th March well before we had given notice and it said (thank you for giving us your new address details) we have set all this up for your account.   So Sanctuary housing must have been aware he wasn't living there from the ignored emails for the lady above to start changing address details to move into his flat before the housing manager had even got in contact to ask if anyone was living there. What I basically want to know his do we have any legal standing to claim the rent back from when I first contacted them in August 2023? There is roughly £3000 to come back  
    • lowell letter = we've mugged you once - why are you not paying this other debt....😎
    • i see you are posting this all over the internet too. here you say it was returned by the safety camera dept UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please? WWW.FTLA.UK UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please?  
    • I see what you mean. I will wait till the 8 weeks is up and then take it up with FOS. Before I do will be on with some more details on the SAR. Thank you once again. 
    • Tagging @stu007 who's great with this. You should have at least 2 months notice with a Section 21 notice (Which Form 6A is used) For now, scan, redact and upload anything you think will be useful    
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Birmingham council Blue Badge fraud use - now magistrates date. **RESOLVED**


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No, the intention of the court is to ensure that justice is done and the right to legal advice/representation is an important aspect of it.

 

A DS is likely to advise you how to proceed and will err on the side of what is right for you, more so than either the prosecutor or Clerk to the Court.

 

Even if you plead guilty, an advocate can inform the  court of the depth of your remorse far better than you can.

 

I think that the court would adjourn in any case so that they can have the benefit of reports if they are minded to impose Community Service Order or even custody (suspended of not).

 

They would also need details of financial state if considering a fine

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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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:whoo:

Well done 

 

 

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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I was told I needed to seek legal advice before the next court date as it would not be adjourned again. The legal advisor also mentioned putting me on bail as fraud is a serious offence and the judges said that wouldn’t be needed as I had turned up this time.   

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I can only tell you what your position is. It wasn't your fault it was adjourned this time. Had a DS been available the case would have been done and dusted. Magistrates should understand this when you appear next time. 

 

If you think about this, if they are telling you that you need to engage your own lawyer, the court need never provide any duty solicitors. All they need do is make sure none is available, all the cases needing them get adjourned (like yours) and the next time defendants appear it is their "second" appearance (when they would not be entitled to see a DS). 

 

It should be noted on the court's file that the reason for the adjournment was the lack of a DS and your next appearance should be treated as your first.

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I don't think so.

 

But the court has an obligation to provide a DS. It's a legal entitlement that (some) defendants have. I find it astonishing that the court's Legal Advisor has suggested that because one was not available for the OP today that she must make her own arrangements for her next appearance.

 

This from Gick raises an interesting point:

 

Quote

I think that the court would adjourn in any case so that they can have the benefit of reports if they are minded to impose Community Service Order or even custody (suspended of not).

 

If the court is considering anything other than a discharge or a fine, it would be bound to order a report by the probation service. If a probation officer is in court (as they always used to be, but it is not so common these days) a report could be prepared on the day and the case could simply be put back whilst that was done. If the defendant took advantage of the DS scheme, the DS would represent the defendant for sentencing as well. But if an adjournment is required for sentencing then the DS could not be called upon for that second hearing.

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@Blackcat13 here's where to start your reseach, the government Legal Aid page on gov.uk

 

WWW.GOV.UK

Legal aid helps pay for legal advice, mediation or representation in court - see if you can claim

 

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Just spoke to him and apparently because I didn’t seek legal help in the first instance and I’ve pleaded guilty it’s made my situation worse. Apparently as it’s classed as fraud and dishonesty I will end up with a criminal record and may lose my job as a result

of this. Things like car insurance will double so I won’t be able to afford to drive either! Don’t know what I’m going to do 

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The solicitor has confirmed the advice given here earlier re criminal record, job, car insurance and that you have been charged with fraud, so no surprises there. What does the solicitor recommend you do now? 

 

Do you qualify for legal aid? The solicitor should be able to tell you if you do.

 

Will the solicitor represent you and speak for you in court when the hearing is resumed?

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On 24/09/2022 at 17:20, honeybee13 said:

I have a question for @Man in the middleif he's around.

 

MitM, do you think it would help blackcat's cause if she could get one or more character references to show the mags?

 

HB

 

 A character reference may help her (it can't do any harm). Whether it will have any significant impact is difficult to tell.

 

If the court is in two minds (say between a fine or a Community Order) it may just swing it towards a fine.

 

However, if they are fairly well decided in what they are going to impose, it will probably not help very much.

 

I don't really understand the solicitor suggesting she has made her situation worse by pleading guilty before seeking legal help.

 

There was never any doubt about her plea. In common terms she was "banged to rights" and a guilty plea was the only realistic option.

 

She didn't need legal advice to decide that.

 

What has happened is that since has realised that the consequences of a conviction for fraud will be quite far reaching (particularly for her) she is seeking help with mitigation to reduce the damage.

 

But escaping a conviction was never a realistic option and if the solicitor is suggesting that it was, I think she is being misled. 

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