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    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
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A&L bank charges


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has any body any advice on what to do if the bank quotes the berwick judgment in court ? i know this is early days on the and it is still open to appeal but im starting put a bundle together and every bit of info that i can drop onto A&L will help no end.

kind regards

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Hi again - it has been over a week since I had a letter from the Court to say they were transferring my case to my local small claim court. I have had no AQ and just seem to be doing nothing. Am very worried since the Lloyds case. Do you think we still stand a chance of claiming back our money or do you think the Banks will defend themselves. Thanks

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Bubbles,

 

Sit tight, do not worry. The Lloyds case was erroneous and is being correctly challenged. The banks know this, they may try to scare you off quoting it, but don't be hoodwinked :)

 

You can always ring your court for an update if you so wish.

 

I am sure we will here of your win shortly :D:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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I'm in the same boat as you Bubbles ... still waiting for a court date.

 

Can anyone tell me if now is the right time to send a draft order for directions, or is it wise to wait to hear from the court to see if the local judge needs an AQ first?

 

Any advice appreciated.icon7.gif

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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hi

im pretty much at the same stage as you

i have the defence papers from the court and im just waiting for a court date, i would say start to get your bits and pieces ready in case you have to go to court, there are some good links on the site to help youi dont think it will do you any harm in getting ready early so you are prepared for the worst

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Hi bubblesdarling

 

I got the letter from solicitors saying they intended to defend, letter from court confirming this, then few days later got the defence, I rang the court today and they said to complete AQ which I printed off through link on here and am going to take it in tomorrow. Clerk at the court said they have to complete one too, dont know where they get theirs from assume the court sends it will see what the post brings tomorrow. they have in my case until 17 May to get it in.

 

If you did your claim online there is something on here bout AQ not being sent out http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=allocation#post695176 (think thats how to link to it!!)

 

 

Hi Dizzy Kate

 

I was wondering how your case is going. I am in exactly the same position as you. You said that they have until the 17th to return there AQ. Did they return it? If so, what happens now? have they asked for anything etc or is it just to wait for the court date?

 

Sorry for all the questions, Your the only person that seems to be in the exact same place as me, just 10 days ahead.

 

If anyone else is in the same place with waiting for A&L to return their AQ to the local curt, then please let me know how yours is going.

 

Many thanks

Claire

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hiya claire

 

I got a copy of their AQ they requested the fast track option but said they had no witnesses not even themselves? Then I got a letter offering me under half of the amount I am claiming thats the difference between charges and total of £12 that the OFT have recommended - they gave me until 18 May to accept it, I can keep my account open etc..but accept that any future charges will be at the standard rate. I sent a letter back rejecting this and quoting a bit of a letter that A & L sent in response to LBA the bit about the OFT recommendations only applying to credit card charges so were they not contradicting themselves really. I said I would settle for about £500 less to settle early. Dont really know why I did that as I did not think they would accept. Anyway both AQ are filed in court but court says they are really behind and the AQ wont get looked at for about another two weeks then it will go into District Judges box for allocation so could be weeks before get a court date. Have looked up the implications of Fast Track and hoping Judge does not decide to allocate it there (claims is over £5000)

 

Have you heard anything yet from your Court? I think hearing nothing is worse than getting letters off them.

 

Let me know how you are getting on.

 

Kate

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hiya claire

 

I got a copy of their AQ they requested the fast track option but said they had no witnesses not even themselves? Then I got a letter offering me under half of the amount I am claiming thats the difference between charges and total of £12 that the OFT have recommended - they gave me until 18 May to accept it, I can keep my account open etc..but accept that any future charges will be at the standard rate. I sent a letter back rejecting this and quoting a bit of a letter that A & L sent in response to LBA the bit about the OFT recommendations only applying to credit card charges so were they not contradicting themselves really. I said I would settle for about £500 less to settle early. Dont really know why I did that as I did not think they would accept. Anyway both AQ are filed in court but court says they are really behind and the AQ wont get looked at for about another two weeks then it will go into District Judges box for allocation so could be weeks before get a court date. Have looked up the implications of Fast Track and hoping Judge does not decide to allocate it there (claims is over £5000)

 

Have you heard anything yet from your Court? I think hearing nothing is worse than getting letters off them.

 

Let me know how you are getting on.

 

Kate

 

Hi Kate

 

Haven't heard from court. I did call them and they advised they have received my AQ. I asked about the particulars and she said I didn't have to send them in yet as the judge hasn't asked for them (hasn't looked at it yet). I advised I would send them in anyway to save time.

 

I have completed them this evening and will post registered/recorded 1st class tomorrow.

 

They have until 27th (I think) to get their AQ in. They will probably leave it until the last minute.

 

I will keep you informed if you will, lol

 

Thanks

Claire:)

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ok claire

 

let us know what their AQ says. I was really careful filling mine in making sure it was all ok etc. Theirs looked like they had rushed it still they are the professionals must be ok to do this lol thing is on the back of my defense was a list of charges (the one they said they did not have !) and there were some missing and there was no total and they had added one that is outside the 6 years. Like they are not taking all this seriously

 

regards

 

kate

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Your claims are on track. From what I see of All&Pester they will drag it out as long as they possibly can, hoping that you will accept a lower offer or bail out of it all together.

 

They do appear to badly complete AQs etc, as they have so many of these things to get in on time.

 

Sit tight your cheque will arrive eventaully, dont let them fool you in to settling for less.

 

Also after the matter is settled make a wasted costs claim against them, their abuse of the judicial system is unacceptable ........................ :D:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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Definately, thanks sergeant just the kind of upbeat thinking I need this am.

 

I started this off really positive just a bit nervous of all the paperwork making sure it all spot on, have seen district judge tear a strip off a solicitor for local borough council for inaccurate evidence. Alliance & Leicester seem to take it to the limit though and it all gets a bit demoralising

 

Cheers

 

 

Kate

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  • 1 month later...
hi

have waited for ages for court date

must be best part of nearly 2 months

has anyone got a clue what i might do next as i have not heard a thing

thanks

 

It does seem a long time to wait ... you could try ringing them icon7.gif

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Sorry has your case been transferred or still with MCOL?

 

I emailed them with my case number and they told me transferred to local court before I got written confirmation.

 

Jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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its been transferred to my local court from mcol which has been confirmed but i have not have not heard a thing from my local court as yet

 

Have you tried ringing them yeticon5.gif

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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yes do ring - i rang mine today and they were very helpful- said they had only just recd papers form MCOL and that they may not dipense with the AQ after all - just wait for judges directions in due course.

 

not at all scary (so far!)

 

jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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