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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tom Brennan v NatWest - This is a must-read!!!


calvi36
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Do you think a judge has ever needed to reclaim charges? i dont! it is normally the poorer people that get walloped with charges etc......and usually when they are skint...remember the old saying ROB THE POOR TO FEED THE RICH, it is changing slowly but it will change. Robin Hood tried a long time ago we have just picked up where he left off!

Long time ago in a galaxy FAR FAR AWAY, there lived an elf who shot banks for a living.........

Now through the power of the internet there is the CONSUMER ACTION GROUP,

 

Watch out they are getting crafty those pesky CRITTERS!

 

Banks will tell you their charges are transparent!

So is the invisible man but that does not mean he is fair or lawful.

 

DONT GIVE UP! FOLLOW THE CAG ADVICE AND RECLAIM YOUR CHARGES.

CAPITAL BANK! YOU ARE NEXT.

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Do you think a judge has ever needed to reclaim charges? i dont! it is normally the poorer people that get walloped with charges etc......and usually when they are skint...remember the old saying ROB THE POOR TO FEED THE RICH, it is changing slowly but it will change. Robin Hood tried a long time ago we have just picked up where he left off!

 

The spirit of Robin Hood is one thing and is an admirable mythos in the extreme, but the Hooded man's corporeal reality is sadly less fixed in facts.

 

Otherwise I agree entirely with your sentiments although I still - thirty years and more later - still chuckle at the Monty Python Hood refrain:

 

"Steals from the poor,

Gives to the rich,

-- silly bitch..."

 

And yes, the poor and less well off are so disenfranchised that they are hunted with relative impunity. Has it ever not been so?

 

Shoestring

The more I read this site, the more congratulations I want to heap on CAG for the invaluable service they are performing. Bravo!

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Very well put, Shoestring. I dont think i could have said it better,

Most Consumer Action Groupies will agree.

 

Monty Python did a lot of comedy but not as much as the "bankers", although i found Eric and his friends a lot funnier.....

Long time ago in a galaxy FAR FAR AWAY, there lived an elf who shot banks for a living.........

Now through the power of the internet there is the CONSUMER ACTION GROUP,

 

Watch out they are getting crafty those pesky CRITTERS!

 

Banks will tell you their charges are transparent!

So is the invisible man but that does not mean he is fair or lawful.

 

DONT GIVE UP! FOLLOW THE CAG ADVICE AND RECLAIM YOUR CHARGES.

CAPITAL BANK! YOU ARE NEXT.

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It is great to see so many individuals winning against the greedy banks. The thing is though the banks will not really get hit unless many, many more people start to claim. My guess is that the majority of customers will not bother or be too intimidated to begin the whole process.

It would be great if CAG began a class action! That would force the banks into repaying all the money that they have no right to have taken. The Swiss banks in the 1990s lost a class action and had to repay many millions to relatives of Holacaust victims after shamefully using delaying tactics for years. It can be done!

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The Solicitor who has been giving me little bits of help and hints in my claim against the RBOS, has now put in a claim..... believe it or not to reclaim HIS Bank Charges.....I told him good on him!!!!

 

sparkie

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The Solicitor who has been giving me little bits of help and hints in my claim against the RBOS, has now put in a claim..... believe it or not to reclaim HIS Bank Charges.....I told him good on him!!!!

 

sparkie

 

 

I hope you charged him accordingly for the advice you gave lol.

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lol sparkie, I would have haggled my arse off in that one. You could have responded the only difference between lawyers bankers and crooks is that the crooks normally wear ski masks!

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It would be great if CAG began a class action! [...] It can be done!

 

Not in the UK, it can't. As far as I am aware (ICBW), in general we don't have class actions in this country - a handful of test cases are put forward, played out to a judgment, if they match a precedent is set and the result passed on to everyone else. Therein lies the problem.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Not in the UK, it can't. As far as I am aware (ICBW), in general we don't have class actions in this country - a handful of test cases are put forward, played out to a judgment, if they match a precedent is set and the result passed on to everyone else. Therein lies the problem.

 

The class action is not always the remedy it appears. For it to work fairly you need a leading lawfirm that is honest and trustworthy. In the US there have been numerous cases where class action lawfirms have negotiated a deal satisfactory to the defendant and then sold that deal to their class litigants. The lawfirm walk away multi millionaires and the class themselves can now afford to buy a new dishwasher... and the defendant whistles on his way to the bank to authorise the payment.

 

Shoestring

The more I read this site, the more congratulations I want to heap on CAG for the invaluable service they are performing. Bravo!

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Couple recover £25,000 from bank

A couple whose hotel business collapsed due to the foot and mouth outbreak six years ago have recovered £25,000 in overdraft charges from NatWest. Alan Abrahams and his partner Valerie Knight-Gibbons were in the red for four years as they struggled to keep their hotel going on the North York Moors.

An appeal to the Financial Ombudsman Service failed, so they sued instead.

Now they have banked the second of two cheques, to join thousands of other successful bank charge claimants.

"We are very elated, there is some justice in this world," said Alan.

Slow death

The couple's eight bedroom Moorlands Hotel was in Castleton, not far from Whitby in the North York Moors national park.

o.gifstart_quote_rb.gif We always thought tomorrow would be better but it never happened end_quote_rb.gif

 

 

Alan Abrahams

 

When foot and mouth disease hit the country in 2001, their business just dried up.

"It died a slow death," said Alan.

"People abandoned bookings, the following year's bookings never came through - and our debts were rising," he said.

They continued trying to stay afloat, courtesy of their overdraft with the NatWest.

"We always thought tomorrow would be better but it never happened," said Alan.

"All the time the bank was gorging itself on the account with the charges; never once did they question if we could carry on in business."

Setback

Alan described that experience as "four years of hell", especially as a repayment claim to the Financial Ombudsman in 2003 ended in failure.

 

NatWest successfully appealed against an initial award of £35,000.

The hotel finally closed in January 2005 and the couple decided to become property developers, obtaining planning permission to convert it into luxury apartments.

They have now done this and have paid off their bank debts.

In the meantime they started writing to NatWest, again asking for their money back.

They were prompted by the Office of Fair Trading's statement last year that it thought that bank overdraft charges should be reined in, just like default fees for credit cards.

Settlement

NatWest claimed that Alan and Valerie had no chance of winning in court.

o.gifstart_quote_rb.gif It's not the money, it's the sense of achievement, getting something back that was taken from you end_quote_rb.gif

 

 

Alan Abrahams

 

"The bank would throw everything in our path to put us off," said Alan.

But as with so many other claimants it eventually settled before a court hearing.

It said it would be uneconomical to contest the case and it offered the money, just £2,000 short of the full claim, as a gesture of goodwill.

A cheque for £5,126 was paid last November and another for £20,198 came last week.

"It's greatly important," said Alan.

"It's not the money, it's the sense of achievement, getting something back that was taken from you. I'm so happy."

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That is me folks. So ihope it can be an inspiration to everyone to continue their claims with some confidence and claim what is rightfully yours

gfx.cgi?page=204_0&font=big&channel=bbc2

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Congratulations. And yes it is an inspiration. And interestingly a point made in an earlier posting as to whether judges would be claiming. And the solicitor yes a solicitor claiming. Well the judge maybe not. But the solicitor i can well see that. My sister is a barrister working through the family courts. And her debts are huge. And so are bank charges. Tom will probably understand the way barristers are paid if not doing private work. They have to wait months and month for there money to be paid. I would imagine there are more barristers claiming than we actually think. My sister has been near to bankruptcy on more than one occasion.

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  • 2 weeks later...

The J is ''still working'' on the case, we'll just have to patient. But an appeal from the losing side is inevitable.

 

It appears the lad is preparing to go ''toe to toe'' with another foe which

by all accounts ''should be fun''.

 

Dontcha just luv im?

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Nope. It's been so long I think even TB himself has forgotten about it!

But in the meantime he's been keeping himself busy lining up his next opponent(s) and has taken to treading the boards (edit) if you fancy going to watch the lad in action.

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crfx, why did u post that link? Not helpful at all! TB has already stated, awaiting judgement, once judge has had time ro recover from his hols, judgement will be given, there is no rush. We hav e had decades of banks and their charges so hey ho captain jack, a few more weeks will not matter.

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Sorry I should have said, he's on the stage in the spoof Eurovision production this week.

 

But I'm struggling to understand the point of the remainder of your post.

M'learned clearly led both parties to believe a judgement would be made

in ''a couple of weeks''. After that time had elapsed he then decided to

swan off on holiday, return and we're still waiting. It's hardly surprising

then that posts appear on this thread asking ''Anyone heard anything

yet'' and ''who knows what happend with tom brennan case?''.

 

Your assertion that ''there is no rush. We hav e had decades of banks and their charges so hey ho captain jack, a few more weeks will not matter'' lies in stark

contrast with an earlier post that excitedly pronounced ''I so cannot wait to see how they respond in court'' made by one calvi36.

 

Any delay can only work in the bank's favour.

 

And I would suggest that when you've got your tackle and career on the line, a few weeks probably does matter.

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