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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • 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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atj26589 v abbey


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  • 3 weeks later...

Standard reply dated ......... March 2007 received from Abbey.

 

Now preparing Letter Before Action. However, I have a stupid question, I am not claiming interest so is this the correct paragraph to put in:

 

"I require repayment in full of this money If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice."

 

as opposed to:

"I require repayment in full of this money If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice."

 

as I assume the "plus interest" refers to your claim if you are claiming interest on the charges, as opposed to the interest under section 69 of the County Courts Act 1984.

 

I am just trying to make sure my letter is correct, I have had a look in the FAQ's and couldn't find the answer. A thousand apologies if it is there!

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  • 1 month later...

update and help please!

 

Letter before action sent March 2007

 

Standard reply dated March 2007

"sorry for delay etc etc"

 

Letter from Abbey dated April 2007

" carried out full investigation etc, Although the charges were correct, as a gesture of goodwill I am happy to refund £50" not bad when I am claiming over £4500!

 

I have completed my N1 and went to the County Court today to put it in, the amount I am claiming is just over 6k including s. 69 interest and the court fee of £250 although the amount of charges is under £5K. The counter clerk said if you obtain judgement the court will not be enforce it as the claim is over £5K! Needless to say I didn't put the claim in this afternoon and I am now posting this message for help!

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The counter clerk said if you obtain judgement the court will not be enforce it as the claim is over £5K!

Presumably they meant if you obtain judgement (and the bank still doesn't pay up) you would then need to apply for a warrant, which bailiffs would then enforce.
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Presumably they meant if you obtain judgement (and the bank still doesn't pay up) you would then need to apply for a warrant, which bailiffs would then enforce.

 

Thanks for the quick reply Michael,

 

She admitted she wasn't legally trained........(I know full well they aren't allowed to give out legal advice) but she said because of the amount it would have to go to a higher court! Maybe I should pick the County Court in the "big city" up the road instead of my local one by the seaside!

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More rubbish. If just the charges are above £5000, it would normally be allocated to Fast Track, but it would still be handled by a County Court

 

but the charges are under £5K and the decision about allocation is taken by the judge, is that right? So I will just go back and put it in next week

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thanks again for the quick reply.

 

I am off to London tomorrow for a few days (wife running the marathon!) so if anyone else posted on this thread I am not being ignorant by not replying!

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me again

 

would I be correct in amending my spreadsheet taking off the "gesture of goodwill" from the most recent charges and writing (intend to fax first so it is in before my claim) to the Abbey thanking them for the GOGW but informing them I am pursuing my claim for the remainder? I am about to submit my claim at my infamous county court tomorrow (hopefully).

 

I have to admit I have read conflicting advise on here regarding GOGW's I am happy just to knock it off.

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  • 1 month later...

Update (shoddy I know)

 

Claim issued 30/4/2007

 

Ack of service 1/5/2007

 

Copy of defence received from Abbey dated 25/5/2007

 

Nothing from Court yet (including copy of Defence)

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Update and advice required......

 

I received a copy of Abbey's Defence from the court and an AQ (N150) yesterday, I have until the 18th June to send it in and pay the fee.

 

I have just noticed that three of the charges on my spreadsheet are out by one day, my fault in transcribing the dates, I am stupid I know! The claim was filed at the Court and the spreadsheet was submitted with the claim. This doesn't affect the amount of the charges but it does affect the Section 69 interest, a big difference of 3p but it is a difference. Would it be OK to send an amended spreadsheet with the AQ (and detail this in Section H) or should I do something else?

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Hi

 

I am just compiling my AQ, I received an N150 from the court although my claim (excluding s.69 interest and court fee) is (just) under 5K. I want to use the Draft Order to directions. However, I have a question with the Statement of Evidence I will need to submit if the Draft Order is accepted by the judge, at para 14 of the second http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

statement of evidence it states:

 

"14. Additionally, I asked the Defendant to provide me evidence of any manual intervention that may have occurred in relation to my account, under a Data Protection Act 1998 right of subject access request. No such information was forthcoming."

and in the Documents Attached In Support Of This Statement is:

"Data Protection Act Subject Access Request for evidence of manual intervention"

 

Well I didn't send S.A.R - (Subject Access Request) as I had all my statements already and I didn't mention Manual Intervention in my Prelim Letter or Letter Before Action. Will it be OK to omit para 14 from the Statement of Evidence and, obviously, the reference in the Documents Attached when I eventually have to submit the Statement of Evidence if the draft order is accepted? I want to be sure before I do the wrong thing!

I have posted this in the General Forum as well so please feel free to ignore or reply - I just want to keep my thread up to date

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Yes, wouldn't want you to commit perjury! :D

 

 

Thanks again Michael! What I meant to say is the Manual Intervention that important to the claim and would I better off just sending the AQ without the Draft Order but I take it that asking for details of Manual Intervention is not that crucial to the claim?

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another silly question.....

the amount of section s.69 interest takes my claim over 5K. As I have to put the sum of charges and section s.69 interest (I assume this should be up to the present date) in Section D of the N150 under the amount of claim in dispute, would it be a wise idea to put in the Track box under section D (after I have ticked small claims track) "The sum in dispute if £5.... K. However, this figure is calculated as £4...K of charges and £1...K of interest under s.69 County Courts Act 1984."

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as you probably tell I am paranoid - I shouldn't be I work in a Legal Department, maybe thinking again that is why I am paranoid...........

 

In other words I would appreciate somebody looking at the AQ I am going to file on Monday - can I please PM it to somebody?

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  • 3 weeks later...

I received in the post today my Notice of Allocation to the Small Claims Track (Hearing) 3rd September arrggggggggggghhhhhhhh don't panic Mr Mannering

 

"Each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than 14 days before the hearing

 

The original documents shall be brought to the hearing

 

Each party MUST file with the court and serve on the other party his/her own signed witness statement/s in support/defence at least fourteen days before the date of the hearing. WITNESS STATEMENTS INCLUDE THE PARTIES TO THE CLAIM IN ADDITION TO OTHER PERSONS (See Notes for Guidance)"

 

It then goes on to list for Notes for guidance on the making of a witness statement. Which seem pretty standard to me, court bundle plus witness statement suitably framed to meet my case although I would appreciate some tips/guidance if I get stuck (most probable)

 

The notice says the hearing should take no longer than 5 minutes, is this a good or bad thing I wonder.........

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