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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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Lyndsey v Capital One issued N1 for charges reclaim


linzi2011
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Hi all this is my first post and sorry it's probably going to be a long one.

 

 

I sent a letter to Cap 1 asking for my statements,

today i recieved 2 letters,

one saying that they have recieved my letter and i may take 4 weeks to look into my situation

 

 

and the other one:-

Thank you for taking the time to write to us about the fees we've added to your account.

Details of the individual charges are being sent separately.

 

I understand you think these fees are unlawful and i'm sorry you feel we've treated you unfairly.

To explain, we automatically add late payment fees if your payment is missed, arrives late or isn't enough to cover your minimum payment.

We'll add over limit fees if your balance goes over your agreed credit limit, which is £200.

 

When we opened your account in September 2004, we sent you a credit card agreement which stated these fees.

By signing and returning this to us, you agreed to the terms and conditions for the account, including the fees.

 

As you're probably aware the office of fair trading, OFT, haven't challenged the right of banks to charge default fees,

but merely the level of those fees.

 

Although we feel £20 is a just fee, we've reduced our fees to £12 so that we're in line with our competitors.

I appreciate that you've incurred previous fees at the higher rate, and would like to address this.

 

I've reviewed your account and, as a matter of goodwill, I'd like to reduce the fees we've added to your account to £12 each. I

've refunded £196 and this has been deducted from your partially settled outstanding balance, leaving £289.37.

 

I hope i've explained things clearly, but if you do have any other questions, please write to me again.

You'll find my address in the leaflet i've included, which also explains our complaints procedure.

 

If I don't hear from you within 4 weeks i'll consider this matter closed.

Please accept my apologies for the inconvenience this has caused

and i'm sure we'll be able to put this experience behind us.

Yours sincerely

Robert Udy

 

Anyone with any advice

 

 

plese let me know because i'm sure with the charges i recieved last year as well,

the whole amount refunded would clear the balance.

 

 

Has any one had this letter and if so what was your reply

 

Sorry again for the long letter but i want my money back

 

Thank you

 

Linzi

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You are right to want to persue the whole ammount, you should write back to them rejecting this offer and outline that you will persue the full ammount......through the courst if need be.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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thank you for your reply, do i send the letter now or do i wait until the statements come through to get the total i want to claim, the only thing is if they do take 4 weeks to send them through then my 4 weeks to respond to his letter will be up so i wont be able to claim

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Send the rejection letter now then, that way you've done your part within their timescales.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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thank you deller,

 

 

i've just spent hours reading your natwest thread,

i'm also claiming against them,

 

 

well done and i hope i get mine back too.

 

 

Has there been any cases either natwest

 

 

or Cap 1 that haven't been successful,

 

 

that you know of?

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  • 1 month later...

i had a letter through from cap 1 about the payment plan i had set up.

 

 

I don't make payments as i have this claim on going,

 

 

i rang them and the man i spoke to said that if i don't pay i will have a default notice put on my credit file

and the account will be passed to a debt collection agency.

Is this a scare tactic or can they do this?

I was led to believe that when an account was in dispute they cant do this.

Anyone have any opinions?

 

 

Also he said the offer they have already made was a final offer and they would not be offering any more

 

 

should i just accept it and pay them what i owe them?

 

 

The offer was the difference between the £20 charge and the £12 they charge now

and if they pay me all of it it will clear the account with a little left over.

 

 

HELP me pleaseeeeeeee i don't want to end up losing money if i take it all the way!!

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Guest MotleyCrue

Personally I think you should accept and be happy. Others will disagree, but I can feel the tide turning, and claims will not be paid for much longer. Just my opinion though

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Hi Linzi.

 

Your letter from Robert Udy was their 'bog-standard' fob off.

 

 

We had one exactly the same!

 

 

We rejected the offer (as I assume you have done), and issued them with a LBA (Letter Before Action).

 

 

That's now expired, and we're about to issue the claim against them in Court.

 

 

I'd strongly advise you to do the same - Cap One seem to settle in full very shortly after that (as you'll see if you read round the Cap1 threads).

 

 

There's NO good reason that I can see for not going for the lot, and I've not seen any evidence what-so-ever of the 'tide turning'.

 

I've read literally hundereds of threads here on CAG, & I've yet to hear of anyone loosing!

 

All the best with your claim - Adam

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Guest MotleyCrue

People tend not to post when they lose.

 

Maybe its time for the banks to gloat when they win?

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Linzi

 

I urge you strongly to IGNORE MotleyCrue; there's something very wrong with his posts.

 

MODS where are you on this?

 

All of us here have had this standard crap from CapOne, we are pursuing our claims and we have either won or are about to win. Remember, not one single bank or credit card company has dared to go to court to challenge the 'right to reclaim' ...

 

Keep your cool and keep on with your claim friend :D

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just wanted to add please iggy

 

 

motley there is no reason why they wont pay out as judges across britain are saying banks havent entered a court room to date

and if the bank and cc companys are in the right

 

 

why settle out of court,

why say that it would cost more to defend the claim than to pay out (hsbc's words when they gave me back MY £6k )

when it would have cost them less to defend one case in court

because then people wouldnt have been following others

they would give in at the end of the day,

 

 

we dont expect anything in life without a fight

they are not going to just turn round on the first letter and say here ya go enjoy.

 

 

but they do when they know you r serious and motley considering how many posts you have done

i dont think you are in any way considered to be all knwledgable on the subject.

 

 

i have done 7 cases so far and hey have ALL paid out

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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thank you everyone, when i read the first response i thought maybe it's time to quit, but after reading everyone else's i will go for the full amount. I sent the LBA today. Will they be able to send it to a debt collection agency and put a default on my credit file while the account is still in dispute?

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Guest MotleyCrue
Linzi

 

Remember, not one single bank or credit card company has dared to go to court to challenge the 'right to reclaim' ...

 

You are wrong on this front.

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Guest MotleyCrue
just wanted to add please iggy motley there is i have done 7 cases so far and hey have ALL paid out

 

7 cases?

 

I notice from your signature you have had a lot of personal victories in this field.

 

One wonders how you managed 7 accounts into the red? and by such great amounts. It seems to me as though you have lived the champagne lifestyle beyond your means.

 

You weren't charged for no reason. One account, maybe an accounting oversight with the odd charge. Lots of charges on one account, poor accounting, bt so many charges on so many accounts? I feel you've been very irresponsible with the credit afforded to you.

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how can paint be wrong there are judge all over britain trying to get a bank to enter a court room and they pay up before it enters the room and if you mean the brennan case its not about charges its about compensation so can you give us a bit more info please as to what you mean by your posts

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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ummm by the way before you slate me read my info properly oh and by the way my story will be in the sunday express in a couple of weeks if you want a good read but i dont have 7 accounts i have reclaim for my family and freinds they are not all my accounts read before you post please

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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lol i agree paint im here to help people to reclaim not put them off by giving incorrect info and i dont appriciate comments from people that cant be bothered reading my posts or my info but if motley wants to continue this he might want to start on my thread as i feel poor linz thread is being highjacked

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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Guest MotleyCrue

Not referring to the Brennan case.

 

Maybe you should d some actual rsearch rather than belive all the hype you read in the tabloids.

 

Banks are tking people to court.

 

They do not need to justify the charges, most will pay charges straight away, what they are arguing is the added on interest, the compensation and every other little bit of unneccessary money people are claiming.

 

It will also not be long before the charges are very well defended.

 

Do you all seriously think the banks are burying their heads until this goes away? Or do you think they have been spending the last two years planning a defence?

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Guest MotleyCrue

Many apologies inzi. I didn't mean to hijack your thread.

 

Nor did I mean to offend anyone.

 

I am merely pointing out some facts, from experience, rather than tabloid reports.

 

I'm also interested in the kind of people who have multiple accounts and charges on all of them.

 

As I said angela, I didn't mean to offend, I'm just interested.

 

I've worked in finance for many years now, and have a bit more of a balanced view on this sort of thing than most.

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Motley, what give you right to slate people on here?

 

 

You have also claimed against a bank.

 

 

Maybe you should start your own website in favour of the banks

rather than putting your unwanted rubbish on here.

 

 

 

 

If any bank had won then the charges would have been found lawful

and it would have been all over the press and banks would not keep paying out.

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linzi hun i to got the same letters as you and i have been told today that i have won every penny back all £944.26 of it including cci soooo good luck hun keep at it

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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7th march i sent first letter to them sooooo its 9 weeks lol

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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