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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
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James33 Taking On Abbey


JAMES33
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J..........I just can't believe how unreasonable they're being with your claim.

 

They never cease to amaze me with their attitudes:(

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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HELP!!

 

I called the customer complaints yesterday for a 4week promised update. I have received an email from Inga Kirkman asking me NOT to call them as the complaints is now with the legal team.

 

So i mailed her back telling her that if she was to respond to her mails and gets her team to answer the phone, then maybe I would not have to do so.

 

She then mails me back in a real snotty attitude telling me that Abbey will be filing their defence.

 

All i wanted was an early settlement!! lol

 

I'm now ****** myself!

 

Any advice, to make me feel better or any suggestions i can mail her back with?

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Bungleboy

 

If you put your post #152 onto your thread, then people will be able to help as this is James33 thread. Abbeys defence will be standard, probably with the 65% settlement offer. They seem to want to talk to you when it is nearing the court date. Dont panic, you will be fine.

 

James33

 

Have you heard anything today?

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OMG !!

 

Inga has just come back to me!! She has told me that if I wish to make an early settlement offer? She also stated that she advices approx 45% of the total im claiming!

 

I told her not to be so silly! however i would accept £2500 rather than the £2,900.....

 

I have heard nothing back yet!! will keep you informed!:eek:

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Bungleboy - that sounds a bit more promising! Hope you hear back soon. I could have settled a couple of weeks ago if I had accepted their offer of £7200 but my total claim is around £7800 so I didn't. If you are prepared to accept a few hundred pounds short of your total claim you might be in luck. Wishing you all the best - let us know if you hear anything:)

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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Hi Jules, no news as yet, phoned court (again!) this morning but still got the same answer, my claim is still with the judge and as soon as it's listed I will receive a letter. Will still phone every day though, could wait several days for a letter - thanks for asking though - how's your claim going?

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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James,

 

I hope she comes back to me!! was this the same scinario as yours?

 

Do you think she's likely to come back? If she don't what do you reccommend?

 

Fingers crossed she does? Mind you sound like a very strong type of guy!! good luck m8ty!:?

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You have got a good chance I think, if she doesn't get back to you try [email protected] as she seems to be using this email address at the moment.

 

BTW I know my nickname on here is James33 but I'm all woman! Glad to know I sound like a very strong guy though, perhaps you could persuade Inga to think that too, it might help my claim!;)

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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LOL!!

 

I'm sorry James....my love!!

 

Yes I must admit, I thought you were a man!! I'm sorry!!!

 

Well lets hope she comes back! I shall include Louise Jacobs in my next e-mail that I send. Like I said, she asked me to forward an offer to her in the region of 45%, thats trash!! I have deducted £899.22 off my claim, I have told her that I would accept £2,400 rather than £3,299..!!

 

I think I have compromised in a big way!! If she comes back with a no, then I most definately will not accept any thing less than the full ammount!

 

Fingers x'd for us all....good luck James have a nice day!:)

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Hi Jules, no news as yet, phoned court (again!) this morning but still got the same answer, my claim is still with the judge and as soon as it's listed I will receive a letter. Will still phone every day though, could wait several days for a letter - thanks for asking though - how's your claim going?

 

Hi

 

Hope you get a court date soon, then maybe Inga will start talking seriously to you. I hear from another thread that inga has a new email address [email protected]

 

Inga Kirkman, Senior Associate Solicitor, NSW

 

Ashurst

Broadwalk House

5 Appold Street

London

EC2A 2HA

 

Tel: +44 (0)20 7638 1111

Direct: +44 (0)20 7859 2770

Fax: +44 (0)20 7638 1112

 

Abbey have until Monday to acknowledge my claim, if not I will apply for judgement of default (knowing full well that they will probably apply for this to be set aside, citing that they didnt receive the claim). they seem to be doing this quite a bit lately.

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OMG!!!!!!!!!!

 

I did it! I did it!

 

Inga has just mailed me accepting my offer of £2,400..! Im well chuffed!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Although it has taken over 17 e-mails in the past 24 hours!!

 

Good Luck to all........i'm now going on the razz !!! lol

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CONGRATULATIONS - I cannot believe they have agreed to pay you out, especially as you havent even got a court date yet.

 

Can you post up the email you sent her, that way it may help others who are at the same stage as you. once again WELL DONE:D

 

looking back at your previous posts, I can see now why they probably settled, as you knocked off quite a bit off your claim, but then I guess you dont look at it as £899.00 lost, but £2400.00 of your money you never expected to see again. WELL DONE for your perserverance with emails. good on you

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Morning Inga,

I assume that yesterday's email conversation may have come to a halt. Regarding the e-mail in which you sent to me yesterday requesting that I put forward an offer of my expectations.

I'm sure that you will recognise that the sum of £2400 is a huge saving to Abbey, this figure most certainly is a very distinct commercial advantage!! I'm sure that there is a "queue", but one less not taking legal action against Abbey surely is another advantage to yourselves.

If we can settle this today with the figure of £2,400, I shall cancel all legal proceeding that I have against you Today! But I shall most Definitely not accept anything less than this sum in the near future.

If you wish to continue and accept this offer, please let me know.

 

then:

 

inga,

I am very surprised that you have again ignored this proposal. I am fully aware that you are acting on behalf of Abbey, But you know as well as I do Inga, My proposal to you is infact an excellent negotiation to get this settled out of court and the judge will see this in my favour.

I really am getting tired of trying with you, This will be my last mail to you. All the correspondence e-mails have been saved for my court bundle. If you decide to either ignore this proposal or wish to decline and put me "back in the queue" I shall NOT even think about talking to you or any of your colleagues when you decide that it's time to pay-up (which will be just before the court date) !

This will go to court, I will win, and you will pay to me the full amount, court cost incurred plus the 8% Interest.

If I were you I would look closely at what I have proposed to you .

 

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Well done

 

Can you post up their response.

 

I had a chuckle at your emails sent to her, I would never of had the nerve to put what you did, guess I am a little too reserved. Maybe not sending softly softly letters to them does work. Did you and Inga mark the emails WOP?

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I call the customer complaints..the next day:

 

Dear Sir,

 

This is not the Complaints department. We are a legal team dealing with your court case. The above CMS number can not be tracked to your legal claim. There is significant confusion being caused by reason of the fact that both Complaints and Legal are trying to deal with your case. Could you please make a decision about how you wish to proceed, either by way of Complaints or Legal, and withdraw either your Complaint or your Legal Claim.

Kind regards,

Acknowledgement!

I intend to withdraw nothing! I have called to complaints on numerous occasions always to be told that my claim is being dealt with by the legal team. Each time I'm informed that it's the legal team not corresponding with them (or with me for that matter)!

To me Abbey is Abbey whether its the complaints/customer services/HR or the cleaner's broom cupboard. Perhaps if the legal team were to answer e-mails and perhaps answer their own telephone calls then the complaints team could then be bypassed. Teamwork works wonders...

Inga, I was told that I would have an update to my complaint within 4-weeks, Abbey have yet again not done so!

I refer to your paragraph " Make a decision on how you wish to proceed"..........Perhaps abbey should practice what they preach!!?

I can not give you an update on your complaint. I can only advise you on the status of your legal claim, though I would expect you are aware of this status having received notices from the Court etc.

 

To this end, my apologies, but I can't assist with your complaint.

Yes of course I have the notices from the courts. This was served to you on the 11th June, In which you are given 28days (Mon 9th July) to give your defence. What I don't understand Inga is why after all of the letters and fax's that I have sent to your offices, no-body seems to be able to assist..

A few weeks ago I was willing to negotiate with Abbey so that we could have come up with a solution that we both would have been satisfied with, but even this was ignored. I do accept the fact that you are probably over-run with this type of complaint, but I really don't like being told one thing by one person, and something totally different by another.

So with the Information given from yours

As explained, I am only dealing with the legal claim. In respect of that legal claim, Abbey's acknowledgement of service and defence will be filed in accordance with the Civil Procedure Rules.

Should you wish to discuss your complaint (as opposed to your legal claim) you can ring 0845 600 6014.

 

OK, Thanks Inga..

I am a little confused with the process of inhouse abbey, But I do wish to keep this comlaint with the Legal Team as I realy do think that this is now Obvioustly the only way forward.

The little correspondence from yourselves have been saved and will be placed in my court bundle. I have tried to negotiate on numerous occasions now, but with little effort from Abbey.

Delaying and non compliance on your part will most definately go in my favour!

Dear Sir,

There has been no delay or non compliance by my team in relation to your legal claim.

Thanks for the response!!

1) Abbey took 62 days to get my bank statements to me

2) 5 fax's sent to the customer complaints team

3) 4 recorded letters send to the customer complaints team

All of which have no correspondence. !!

4) 10 e-mails have been sent to yourself dating back from the 13th June, with only 5 responses 3 of which are from today's date.

5) 17 telephone calls to the customer complaints, all of which being told that the legal have my complaint. (names, dates, have been recorded)

If I'm not mistaken, this is non-compliance !

And it's not your team I'm taking to Court it's Abbey as a company.

Without prejudice"

After the commencement of your legal claim Abbey has 14 days to acknowledge your claim form and a further 14 days to file its defence. This time has yet to expire. If you actually want the legal claim resolved at this very early stage of the legal claim, I invite you to put forward an offer. Having said that, to deal with your legal claim ahead of its proper place in the "queue" of legal claims there must be a very distinct commercial advantage to Abbey National Plc in doing so. This is the only way that we can be fair to all of our customers. To give you an indication, claimants are compromising their claims by 45% to achieve a speedy resolution.

 

and then refer to the above reply!!

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Do basically she reckons people are generally settling at their 65% offer, we know that is not true, maybe they should look at the threads here which show most are rejecting their insulting offer. I wont settle for anything less than 80-85%.

 

Go out and enjoy yourself

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Cheers Folks!!

 

If I can assist with anything else...let me know! I have loads more e-mails too!!

 

But most important is to keep on pestering them, I call them at least once a day for an update!!

 

Good Luck to all x:) :p:):p:cool:;)

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Could you please make a decision about how you wish to proceed, either by way of Complaints or Legal, and withdraw either your Complaint or your Legal Claim.

 

 

What a cheek!

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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Have really enjoyed reading your emails Bungleboy - I can see where I have been going wrong - far too polite!! I have sent her three emails this afternoon and evening, and will continue to bombard her in the hope that she will eventually crack as she did in your case;) I received a letter from the Court yesterday, but unfortunately it wasn't notifying me of a strike out due to abuse of process as I had hoped but asking for evidence to show that the account was joint as apparently the only evidence I had provided was in my name - what a bummer!! :-? Send the necessary evidence off recorded yesterday afternoon and will call court again in the morning to see if they have any news. At least I know which Judge is dealing with my case - District Judge Parry - has anyone else on here had any dealings with him?

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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good for you James.....

 

You realy must bombard her!! This is the advice i took, and look where it got me...!

 

I realy do hope that you get yours gets sorted soon James, it's been a long hard battle for you hasn't it looking at your threads!!

 

And stop being so polite to her, why should you? Abbey have stolen your money and you want it back....GET IT!!

 

Good Luck james...keep us informed !

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Well, no good news for me yet:sad: finally received the following reply from Inga a few minutes ago after bombarding her office with about 15 emails over the past few days:-

 

"Without prejudice"

 

Dear Madam

 

Thank you for your email.

 

Each claim is assessed on its individual merits. Many claimants have discounted their claims up to 65% to seek an early resolution. Unfortunately, your offer of settlement does not meet such a level as to be commercially palatable to our client. In view of the information contained herein, if you are minded to reconsider your position, I am more than happy to revisit your claim.

 

Inga Kirkman

Senior Associate

Solicitor, NSW

Oh well, just have to hope the court has some better news for me in the morning. Got a feeling I shall be waiting till end of August for my settlement now - was really hoping to treat us all to a nice holiday in the summer too.

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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