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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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Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side Sanctions imposed. **STRUCK OUT**


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Absolutely...so lets see if they have any success with their application before we we consider what's next 

We could do with some help from you.

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uploaded supposed agreement paperwork is totally pants, typical of link/kearns.

the chief kidders of judges.

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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Keep in contact with the court as the hearing of the 7th May not happen 

Draft Order request

Quote

The hearing set for 7 June 2024 continue

 

 

.

We could do with some help from you.

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Should I just keep ringing the court then to see what happens (I am usually on hold for over an hour!) or will the court write to me to confirm?

I thought they would have written to me to confirm it had been struck out?  

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5 minutes ago, LouLouDev79 said:

Should I just keep ringing the court then to see what happens (I am usually on hold for over an hour!) or will the court write to me to confirm? I thought they would have written to me to confirm it had been struck out?  

I personally would just attend anyway on the presumption it is happening ...save you stress of checking.

We could do with some help from you.

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thank you 😀

Do you have any idea of how long roughly it takes for a court to consider a relief from sanctions application? 

I notice they ticked a box saying they wanted a 10 min hearing for it - would I be required to join that?

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  • dx100uk changed the title to Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side - hearing in 2 days - Witness Statement

Well it will be given the priority attention given the hearing is close its bad form that the court did not inform you that sanctions had been applied and the claim struck out. Lets hope they inform you this time if the hearing is to proceed. 

Their application involves a remote hearing and no you would not be expected to participate.

We could do with some help from you.

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  • AndyOrch changed the title to Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side Sanctions imposed.

I have just spoken to the court and they advised that it hasn't been struck out. 

They said it was passed to a judge on 1st May  (the day after I sent my bundle) and they are still waiting for a decision

- she said it was odd that the solicitors had applied for a relief of sanctions when it hasn't even been struck out yet!

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1 minute ago, LouLouDev79 said:

she said it was odd that the solicitors had applied for a relief of sanctions when it hasn't even been struck out yet!

:lol:   Well it is Link so the court should make allowance's

  • Haha 1

We could do with some help from you.

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It may be that they are applying to try to stop it being struck out and then having to pay for it back in and costing more time.

They may also just think it has/will be struck out so they are applying to speed things up after that.

seems like a timesaving exercise to me but they are also technically wasting money so I wouldn't bother.

The only problem is that the judge will likely see their application when he/she reviews the file so you may find that nothing happens in terms of strikeout/in and it stays the same.

Go with what the court have told you unless you hear something else.

Please do not not go because you think the court will strike it out not worth the risk! 

 

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That makes sense, yes I will make sure I attend on the day unless I hear otherwise from the court!     

Am I right in thinking that if it is struck out, then they wouldn't be able to re-start it as it is now statute-barred? 

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Well sanctions must have been imposed somewhere along the line and you dont make an application in anticipation unless they have been imposed.

They were late in re submitting their particulars...you referred to this in your statement

From their statement in support of their application 

Quote

6. The Court then set directions under an order dated 13 February 2024. Within that order,
the Court issued additional directions including particulars of claim and copies of various
documents to be filed and served before 3 April 2024.
7. The fee earner with overall conduct of the matter did not comply with that direction, for
which I sincerely apologise to the Court and the Defendant.
8. The Claimant seeks relief from sanctions pursuant to CPR 3.9 and the Denton
principles.
9. CPR 3.9 states:
(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice
direction or court order, the court will consider all the circumstances of the case, so as to enable it to
deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.

Quote

15. I therefore respectfully request that the hearing be relisted or alternatively seek relief
from sanctions for the reasons stated above. All parties are ready to attend the hearing,

 

3 minutes ago, LouLouDev79 said:

That makes sense, yes I will make sure I attend on the day unless I hear otherwise from the court!      Am I right in thinking that if it is struck out, then they wouldn't be able to re-start it as it is now statute-barred? 

Correct unless they make a further application :-D

We could do with some help from you.

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If its struck out they'd need to apply to reinstate the original proceedings, they can't start new ones for this.

Although I do agree with andy I'm not sure why they would make a relief from sanctions application if its not been received back.

Ignoring what the court lady said for a moment, Have you received anything in the post at all?

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Reading their statement again in detail its to avoid and request relief the sanctions imposed for failing to comply with directions on time....as the sanction will be in place they are unable to rely on the documents they submitted since.

Which would be disastrous to their claim. 

Good old Link/Kearns. 

Quote

If the matter is permitted
to stand struck out then the Defendant will be the subject of a substantial windfall to
which it is submitted she is not entitled as the Claimant can and will show that they have
proven all of their claim.
 

Hence their application

We could do with some help from you.

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I guess I just have to wait and keep my fingers crossed then that the judge sees them for what they are and strikes it out!

 It’s really unfair that these solicitors are allowed to miss deadlines and still get permission to proceed.

Like I said, they did exactly the same trick on the set aside hearing! 

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link/kearns always pull every stunt in the book.

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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  • 2 weeks later...

I have just spoken to the court for an update and they confirmed that the case was struck out on 22nd May (they have apparently written to me to confirm but I have not received the letter yet).   

They said that the hearing on 7th July has been vacated.   

She said they have received the relief of sanctions application and so this waiting to be looked at by a judge, I will just have to wait to hear if that is successful.

My question now is,

am I able to change my defence now to add that the debt is now Statue-barred as I didnt include that on my original defence? 

 Do I need to be doing anything at this point?

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  • dx100uk changed the title to Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side Sanctions imposed. **STRUCK OUT**
9 minutes ago, LouLouDev79 said:

am I able to change my defence now to add that the debt is now Statue-barred as I didnt include that on my original defence? 

Afraid not if their application is granted then the claim remains the same as at issuance.

We could do with some help from you.

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thread title updated.

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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Share on other sites

Not in this type of application but if its allowed and the claim resumes you will have opportunity to raise the conduct of the claimant within your statement.

We could do with some help from you.

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as their claim is struck out, then the debt is now sb'd surely?

why not send link our sb letter.?

blow them out the water totally?

image.gif.fd50b1ef7cb6987f9b05773a375722b8.gif

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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