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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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carter56 v Barclays


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hi everyone sorry not been keeping you up to date but not been well i am due to go into hospital on the 27th june for quite a major operation but wont bore you all with the details. just to let you know i have today received a copy of barclays defence. it just states a defence has been filed and the claim has been transferred to the court covering the area where the claimants live - so that will be st helens. . this is the part where i will start to need all your help as not being well i am starting to feel a bit out of my depth . it states " between ***** carter and barclays bank plc in the st helens county court before judge murdoch ( anyone had any dealings with this judge ?? ) sitting in northampton county court.

without hearing IT IS ORDERED THAT

1. the filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise

note: any party affected by this order may under rule 3.3 (5) apply to have it set aside, varied or stayed. such a party must apply under rule 23.3 within 14 days of service of this order.

please note that an allocation fee may be payable in this instance. please contact the court of transfer for further details

date order drawn 14th june 2007.

PHEW !!! so can one of you lovely people tell me where i go from here??

has anyone got a link to anyones post where they have put what barclays defence was. just so i can take a look and see if its the same as mine.

sorry if i am a bit slow but please stick with me.

thanks linda x

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hi saintly

the first point states. - the particulars of the claim do not provide details or particulars of the precise charges alleged to have been unlawful or the date thereof. to the extent it is alleged that the claimant incurred bank charges on the claimants accounts for unauthorised borrowings whether unpaid fees for returned cheques paid refferals fees or any other such fees the defendant puts the claimant to strict proof of each cahrge and the date thereof !!!

there are 11 points of defence with number three being broken down into 3 points.

the defence is rosemary treves brown

thanks again saintly

linda

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sounds standard ..... in responce to point 1 send an updated SOC to both the b's lit team and the court with a covering letter other than that hun theres not much you can do until st helens can give you a date

Queen vic is still an option ;-)

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you are a star - a real tonic :D so i send an updated soc. do i include any charges that have been added since i sent my last one off ? do i call the courts or will they contact me? when do i have to pay the £100 court fee? what covering letter do i send ? is there a template for it. sorry i seem to have lost the plot but trying my best really i am .

thanks linda x

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I would suggest you leave any new charges until you are in settlement talks with the lit team as for a covering letter use the ones from http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610 just put st helens court where the northampton addy is

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thanks darren. yes it is true i am a lightweight these days :D but wait till i have had my op then i will be like a finely tuned engine on a prestige racing car instead of a clapped out old banger :D got any ideas as to what i should be doing now or planning to do ?

thanks linda

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reading back yes you need to send SOC's to B's lit team and the court as their defence says you didnt provide a complete breakdown of each charge (we all know you have done BUT as i said on another thread im sure they just put this in as they have to say something other than its our fault)

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Hi everyone just to let you know i called st helens court today to see where things were up to and to let them know that i will be in hospital next week in case they needed anything. spoke to a lovely lady who said the papers were with a district judge so she couldnt tell me anymore but to expect a court date for around september as they are so busy. i have sent off another soc to barclays lit team and the court just in case.

wsn thanks for your good wishes hope all goes well with your case keep me informed

thanks linda x x

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good luck with the op and hope you have a speedy recovery so you can then battle on with the barclays :)

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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can someone tell me if when i send soc to barclays and court are they the updated ones with the growing interest at that date and do i change the claim date on the soc or not plus has anyone seen a template for a letter i can enclose with it to thanks linda

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Carter,

 

I'm at exactly the same point as you, and though my case has been transferred to hereford, we both have Judge Murdoch. I've sent another copy of my SOC's to the court, BLT and the solicitor (Rosemary Treves Brown), and I'm just awaiting my court date. I will keep you posted...

:) :)

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hi judge murdoch must be pretty mobile if he is in st helens merseyside and then hereford. great to hear from you i have had no court date or A&Q keep in touch and fingers crossed for us both.

thanks linda

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hi saintly i called the court but they said they are very busy with these types of claims and that my papers are with the judge and to expect a date around sept. will give them a couple more weeks and if heard nothing then will give them another call.

should have been going into hospital tomorrow for my op but got a call from the hospital to say my surgeon is ill ( how inconsiderate) and my op has been put back to next wednesday Oh Bugger.!!!:( so will be around a little longer

linda x

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Sorry about you Op Linda but at least its only been delayed by a week i bet your surgeon has developed manflu .

 

Nah,, he used to work for Barclays....he's quoting WORKING days as opposed to Calendar days

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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