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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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Keith Jeramiah!?


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I must agree and stress what Don has posted. We contacted him AFTER they lodged their defence and our case was transferred to our local court. Obviously do not contact them before- it would be pointless and a waste of time.

 

The leaflet that comes with the transfer/allocation questionare urges you to try are resolve the matter prior to submitting the alloction pappers. This stands to reason- benifits them and more importantly YOU. Lets be realistic here: most people don't really want to go to court (but would if they had to) and Barclays certainly don't (dispite their saber rattling).

 

So keith's job would be to advise senior managers of the best route of action. As mentioned he is probably the most helpful/reasonable chap from Barclays I personally have dealt with. whatever they say at the end of the day (blahblahblah), as long as you get the result you personally want- that's what counts.

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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I realise this post was well meaning and informative, but may I add some comments as to how I interpreted this advice.

 

I obviously did not make myself entirely clear in my previous post. It has clearly been misinterpreted. For the record. It is my recommendation that should people insist on contacting Barclays to negotiate settlement they DO NOT CONTACT BARCLAYS LITIGATION AND DISPUTES DEPARTMENT UNTIL AT THE EARLIEST THEIR CLAIM HAS BEEN ACKNOWLEDGED IF AT ALL. Further, I would advise that extreme caution and thought is exercised before individuals embark on telephone communication with a lawyer, legal representative, or indeed any employee of a Bank with whom they are entering into litigation. I CANNOT STRESS THESE POINTS HIGHLY ENOUGH!!

 

I think we are all aware of how serious litigation is, I doubt any of us would be here trying to reclaim our money if we weren't serious about it.

 

 

NO. I think many people (no disrespect intended) are embarking upon litigation as they feel encouraged, motivated, and supported by other users and cases (which is fantastic - it demonstrates the power of the collective). This is not the same as being serious and knowledgeable about the process or the implications. Let us not forget that we are lay people in the most, and we should retain our perspective to reflect this fact. Arrogance can be just as dangerous as complacency.

 

It appears noone at Barclays has ever heard of any of us until we are passed onto them from another department. He is no exception, just another in a long line of people.

 

NO. "He" is a highly qualified solicitor who heads up Barclays Litigation and Disputes department in the UK. If you think that is not exceptional and makes him the sort of chap you exchange some friendly banter with before asking him to enter into light chit chat about a legal matter, then that is your prerogative.

 

Mr Jeremiah has offered full settlement BEFORE cases have gone to court, therefore it seems highly likely he could 'recommend' settlement to senior managers before litigation takes place.

 

 

NO. Mr Jeremiah has acknowledged each and every case stating Barclays intend to defend. Then, true to his word, he has filed a defence. Mr Jeremiah has, in only three cases I know of (one being mine) settled prior to court. Mr Jeremiah, I made it clear, WILL NOT GET INVOLVED IN RECOMMENDATIONS TO SENIOR MANAGERS OR OTHER BARCLAYS STAFF AT ANY LEVEL. MR Jeremiah is a lawyer. He deals in matters of litigation. A case is not in litigation until it is deemed served by a court and acknowledged by a defendant.

 

Well that's no surprise, up until now no one from the Barclays has ever given me a direct contact number. If the litigation department suddenly receive requests from people who haven't filed their action
n yet they may just start to speed up some of the claims.

 

My inclination is to think that they will simply stop taking calls and quoting direct line numbers. The defendant is required by the court to supply both the court and Claimant relevant contact details of the party representing the Defendant. Hence the contact details of Mr Jeremiah appear on the acknowledgment and Defence.

 

 

Personally, a & b) I think people should be encouraged to pursue any action which helps a bank focus it's decision to avoid court action and settle disputes before they reach that point c) as we've been told so often on these forums ... going to court doesn't guarantee any success either.

 

Personally, I think users should be encouraged to learn from people who have been through the process, understand the implications and have a sound knowledge based upon theoretical and practical experience, and thus be absolutely discouraged from following a course of action that will potentially jeopardize their claim, the claims of others, and the continued, proven success of this group.

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"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Don,

 

I am sorry but must disagree with parts of your post. Once you have received a defence to your claim, MCOL transfer your claim to you local court. The leaflet that is supplied with the allocation paper clearly states that you should attempt to resolve the matter with the other party prior to submitting your allocation questionare.

 

Now if Keith Jeramiah chooses to accept your suggestions, brilliant! if not then you mention on the form that you DID attempt to resolve the matter and they would not help. When i dealt with him, he said I need to confirm with senior manager and he then phoned and said that it was not a problem.

 

 

I agree that you MUST be careful when dealing with the legal dept, but if you do have to go to court it will add to you case if you can prove that you have given Barclays every chance to respond to your case. We insisted on emails to back up discussions and everything was planned prior to phoning their office.

 

Like Don, we have had our money back, maybe it was the wrong way to approach it, maybe it was the right way- but we got a result. It may work for some, not for others but I would CERTAINLY advise, do not contact UNTIL you have received your transfer papers from MCOL (ie: once they have entered a defence), as you will be probably wasting your time.

 

just my two peneth!!

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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Don,

 

I am sorry but must disagree with parts of your post. Once you have received a defence to your claim, MCOL transfer your claim to you local court. The leaflet that is supplied with the allocation paper clearly states that you should attempt to resolve the matter with the other party prior to submitting your allocation questionare.

 

Kris

 

It is my recommendation that should people insist on contacting Barclays to negotiate settlement they DO NOT CONTACT BARCLAYS LITIGATION AND DISPUTES DEPARTMENT UNTIL AT THE EARLIEST THEIR CLAIM HAS BEEN ACKNOWLEDGED IF AT ALL.

 

 

You must understand that my responsibility lies with the collective of users and not the minority for whom conducting a proactive, constructive, and non-incriminating telephone conversation is second nature.

 

I weighted my response accordingly, as I felt the balance was shifting too much in favour of entering into verbal dialogue - bear in mind that not everyone reads entire threads or weighs up responses appropriately - but rather seize upon what they want to hear and stop reading!!8)

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Don

 

Yes totally agree, you don;t want users thinking this is a short cut to getting a result AND not clearly reading what steps had been taken by you or I. I have stressed (as have you) that care must be taken. I think you will agree that Mr Jeramiah is quite "open" to dialogue. the email I had back (again, always insist on backing up conversations with email) from him referred to our claim as a "modest amount" that was really "not worth going to court for"- certainly not to us.

 

 

However the supporting leaflet from the court does state that "You should attempt to come to resolution prior to submitting your allocation questionare", so how do user do this without some kind of contact with Keith Jeramiah or his collegues. YES, be guarded what you say/ask and only contact AFTER transfer from MCOL.

 

I just think that either way it just gives other users hope/comfort that some people are getting results from Barclays as currently there are lots of claims in, but no positive outcomes or conclusions.

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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I just think that either way it just gives other users hope/comfort that some people are getting results from Barclays as currently there are lots of claims in, but no positive outcomes or conclusions.

 

Concur XO. The verifiction code is authentic.

 

I suspect positive outcomes are in relative abundance but hidden beneath confidentiality clauses and 'skulk off I have my money' instinct...:)

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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See my thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=1350

 

Offered full settlement with gagging. Have refused the gag and will see if they pay up anyway.

 

Guy

Bank Claim Result

NatWest £2051 UnGagged myself. They paid up in full:D

Barclays £641.81 Settled in full.:D

MBNA AOL £390 account credited

MBNA Card £880 account credited

MBNA Loan £115 LBA 03/07

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He is representing Barclays against me too. Received court date over the past few days, it is for a couple or so months away.

 

Questions:

 

Should I ring him?

 

Also, where is he based? Will this have an effect on whether he will settle or not due to distances?

 

Thanks.

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When I last spoke to Keith Jeremaih he admitied that he was very unlikely to turn up at my local county court, a 4hr drive from London.

 

I spoke to him twice in two days and stressed how settling my rather modest claim would reduce three cases from his workload. He has said that he would write to me with an answer asap, not willing to make an offer over the phone.

 

I stressed that I am anxious not to delay and will send in my allocation forms on monday if i have not heard from him.

 

I am now feeling that I should not call him again. he seemed OK but he is a solicitor and he is on the other side, I don't want to risk my hard work so far with a gaff !

 

Question. Can i tell the judge that they have said that they will not turn up to court and defend and ask for a judgement ( by default ? )

Banks declare war on the Poor

Don\'t get mad get even !

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Having received my court allocation questionnaire, I sent KJ an email giving him an opportunity to settle without going to court. I avoided stating any arguments with respect to the claim and included a time limit on the email. That way if he responds, then fine. If not, I continue as normal and I can indicate to the courts that I did try to settle the dispute without going to court.

Da Voe

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Question. Can i tell the judge that they have said that they will not turn up to court and defend and ask for a judgement ( by default ? )

 

Whats to stop him instructing another solicitor on his behalf who lives locally to you?

Just playing devils advocate with you. Solicitors are not stupid, he didn't say that no-one would turn up - just not him.

 

If he is in charge of litigation at Barclays, it would be unusual for him to turn up at a case himself anyway. Its much more normal for them to instruct a firm who live locally to you.

 

 

FP

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Your right i was talking to a friend the other day who works in the courts and she said the same.............they will instruct a local solicitor KJ will not attend he will just farm it out

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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