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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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Abbey has 'frozen' my account!


NeilP
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Went shopping on Thursday, first shop paid by card, and the machine needed a verification phone call from the shop to HSBC (card machine supplier) who in turn needed to call Abbey. After loads of questions in a four way conversation (me, shop assistant, HSBC and Abbey) the transaction was allowed.

 

Second shop, about 20 mins later, same thing, go the assistant to cancel the card transaction and paid by cash.

 

Friday, tried to pay my mortage on the internet. Was confirmed as being done. Also tried to move money between my Abbey accounts, and was told i couldn't do this. I presumed it an internet glitch.

 

Saturday morning, noticed mortgage payment had not gone out, so did it again. Again it confirmed that the payment had been made.

 

Saturday afternoon, 2.30pm ish, money still not gone out. So i phoned the Abbey, got put through to India, and was told that my account was restricted, and that i would need to visit an Abbey branch, with ID, to resolve the problem.

 

Went into town to find the branch closed at 12.00pm! Not impressed as i am recovering from a dodgy back, and the car journey really didn't help.

 

Phone back Abbey (in India no doubt) to be told that the department that had restricted my account had also closed. I would have to phone back on Monday.

 

Thought it about time to look elsewhere, looked on Martin Lewis's site, and glad to have found this site.

 

Having trawled through the last 5 years statements, Abbey, it seems owes me £4,700 and my wife £1,700, and Barclays owe my wife another £1,300. Grand Total of £6,700! Nearly makes the back pain worth it if we get this little lot back. (Needless to say the wife has already earmarked the money.......)

 

Letters away in the post tomorrow, I'll keep you posted.

 

Neil.

 

Needless to say,

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Hi do not give in to Abbey. They did similar to me last year, took 2 months to get restiction lifted and able me to get money. I'm now with ombudsman as abbey didn't give me a reason or notice they were going to do the restriction. Go through the complaints process then to the Omb as abbey don't seem to give a toss.

 

What happened to me is on one of the other subjects.

 

DON'T GIVE IN!!!!

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Grabby restricted my account because they thought I had defaulted on a loan. This was put in place in 1996 and the restriction was on the issue of new cheque books but they never told me!

 

The magic cheque presented a new book is authomatically sent. But a couple of years ago a new one didn't materialise, probably because the magic cheque wasn't written/cashed/whatever and I unsuccessfully tried to order one from the ATM. Turned out one payment wasn't made (their mistake) and they put a default on it.

 

They tried to recover the default - plus interest and charges, £2,200 in total - but I was able to argue they were statute barred having never alerted me, asked me about it etc. They made whinging noises about taking it from my account anyway but didn't because they would have been on very shaky ground legally.

 

Just to make sure I got a mate, who is a solicitor, to write a letter stating action would be taken unless the restriction was removed, a cheque book issued and a note sent to the three credit agencies that the default was wrong.

 

My account was restored to "good standing" but I am currently in dispute with them again over charges. £170+interest for £13 overdrawn for one day!

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Spoke to both India and England today about this (having been put on hold for a total of 30 minutes!).

 

The issue was regarding a business bank account i have with them which had gone overdrawn. So, instead of phoning me (they had written a couple of letters i do admit!) they simply restricted my personal account and to quote "hoping to intiate some sort of response".

 

It does gall me that in this day and age, businesses can survive with such poor customer service, that a simple phone call to the customer is deemed unappropriate. It always seems to be left to the customer to call them at local call charge rates (which aren't included in the free call allowance of either your home or mobile phones!).

 

All sorted though, restriction lifted and back to normal. I did struggle not to mention that i was in the process of claiming back all my bank charges for the last 6 years, and that they may have felt that they had won this battle....... Just waiting to see their response to my claim for just over £4,700! :lol:

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8hjfofrrE4

 

Wrote to Abbey on 5th March, and have received a reply today! Bearing in mind it was posted on 6th, probably received by them on 7 - 8th, that is a reply in 2 - 3 days. They were never this speedy when i needed them to be!!

 

Seems to be the norm, 'one of my colleages will be responsible for investigating your complaint' yada yada yada, 'I know that it's important to you that we resolve your complaint quickly but we want to do a thorough investigation and sometimes this can take time. We will write to you within the next four weeks to let you know what's happening.

 

Although i don't know what the outcome will be, i hope we'll be able to find a solution that you're happy with.'

 

I suppose i should send them a letter saying something along the lines of

 

'Dear Sirs,

 

To save yourself up to 4 weeks work, simply refund my charges as this is the only solution that i will be happy with.' :lol:

 

2nd letter in the post tomorrow about not waiting for 4 weeks.

 

Just a thought. Since my initial letter with the sum being claimed has been posted, due to Abbey putting more charges on my account, i have gone overdrawn again! Do i have to put in another claim for the overcharges since the initial letter was sent, or should i put in a revised figure with my second letter? :?

 

MODERATED moved .please keep to original thread when updating this is for your benefit and the benefit of everyone who is following your claim

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  • 3 weeks later...

So..............Good News time :-) Good Luck..

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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Sent preliminary letter to Abbey16th March. Received reply today - 1 day before 14 day deadline. No co-operation; charges are in line with published tariff etc etc

Now applying to court.

It's a pity the online service does not accept Electron! As usual, you don't get to know this until final pages.

Ithink there maybe an error (deliberate???) on their letterhead for the Bradford address because when you use Lookup on the moneyclaim site it rejects BD1 1BR and comes up with BD1 1YR.

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Should you not check with someone which address to use to file court papers?

 

In my limited experience I have received letters from the Abbey from Bradford, London, Milton Keynes and they still say I should writeto the branch with any queries!

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I have used the head office for my correspondance so far. However, I just have this lingering thought of what fun it would be to see bailiffs walking into my local branch. :)

 

I am not vindictive really.......

 

....oh alright yes I am!! LOL

 

 

 

 

 

 

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  • 3 weeks later...

Abbey have until midnight tonight to file a defense. Not likely to happen now ( i hope!), so i will be looking at Judgement by Default.

 

How long should payment be forthcoming?

 

Neil.

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Just preparing myself to file for Judgement by Default against Abbey, and think i made a mistake on the claim form.

 

The Charges over the last 6 years was £4,094

The OD interest incurred by these charges was (very conservatively) est at £720

The 8% Statutory Interest was £858.00

Court Costs £120.00

 

 

 

and additional Stat Interest to date of Default £18.00.

 

On my Claim Form, i stated that the Amount Claimed was £4872 + £120 Court Fee, and had added the Stat Interest Statement.

 

Should the Claim be:-

 

1) Fees + OD interest (+ Court Fees in sep field)

2) Fees + OD interest + Stat Interest at 8% (+ Court Fees in sep field)

 

If 1) then i have claimed too much (although as i was very conservative with the OD interest, i think, if scrutinised, it would amount to more anyway).

 

If 2) then i have under claimed, and is there anything i can do about it.

 

If any other combination, please let me know, as i have other claims waiting to process within the next couple of weeks.

 

Thanks

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Once you put the default in, it will be 5 days before it is granted, but it will be granted from tomorrow in 5 days time if you follow. The court will award you judgment with payment due 'forthwith' or in other word immediate payment.

 

Write to them enclosing a copy of the judgment giving them seven day to send payment. If they don't you have 2 options:

 

1) If you still have an account with them and want to keep it send in the bailiffs.

2) If you don't have an account with them or don't mind if its closed you could start up a 'winding up' petition against them eg they can't pay the sum so you get them declared bankrupt.

 

If they ignore your letter and judgment You'll be amazed how quickly they'll move if you enforce the judgement.

The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

 

Reputation Points Always Welcome

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Like me then...down the long & winding Abbey road lol

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Am i right in saying that on the claim form....

 

The amount claimed should be 1) Fees being reclaimed + 2) the OD interest caused by these fees.

 

The Court Costs are in a seperate field on the claim form.

 

And the 8% Statutory Interest gets added on afterwards.

 

OR, should the 8% Stat Interest be included in the Claim Amount?

 

Thanks

 

Neil.

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Hi there,

 

Might be able to help here. I have just filed my claim against the Abbey.

My bank charges were £3841.00 plus overdraft interest of £151.44. I then calculated that interest due on these fees at 8% would be £292.42. Therefore my claim value is £4284.86. I added to this £120.00 in court fees making the total value of the claim £4404.86.

I also put on my claim form that I would be charging them £0.85 interest per day from the date the claim was filed until the date of judgement.

 

The wording on my claim form was: -

 

Value

The total bank charges taken in the period 26th May 2004 to 27th November 2005 of £3841.00 plus overdraft interest of £151.44. I am also claiming interest on the bank charges of £292.42 this is calculated at 8% as allowed by s.64 the County Courts Act (1984).

The total value of the claim is £4284.86

 

5. Accordingly the Claimant claims:

The return of the amounts debited in respect of charges in the sum of £3992.44 plus £292.42 interest at 8% until 13th April 2006 plus interest continuing at the same rate of £0.85 pence per day until date of judgement pursuant to section 69 County Courts Act.

 

Hope this helps.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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