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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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Help with an old debtor- CCJ looming!!


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Are you aware of the costs implications of appealing?

 

An appeal would not be heard by a DJ. What did you put in your amended defence?

 

Hi, Zoot, I've seen a copy of the defence (unfortunatly, Rich told me to keep it confidential, so I can't share it with you).

 

It really wasn't that bad, and should have been accepted IMHO (it might not have necessarily won, but it was arguable) ...

 

I've also suggested to Rich that he really needs to seek some professional help before making the decision to appeal, and that if he does so it might have quite substantial cost implications.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Are you aware of the costs implications of appealing?

 

An appeal would not be heard by a DJ. What did you put in your amended defence?

 

Yes I`m aware that a DJ will not be dealing with an appeal.

 

I`m not prepared to post the amended defence for obvious confidentiality purposes.

 

The costs are worth it if we can watch the particular DJ who originally threw out my Defence etc.. eventually see red:)

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

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Hi, Rich,

 

Just read your thread and am gutted that they threw your legitimate defence out!

 

I've had a bad experience with a DJ recently too so I sympathise. Some of them really don't have the faintest clue about Consumer credit Law and aren't even prepared to listen to arguments, it seems to me.

 

If you do decide to appeal, GOOD LUCK!!

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Hi, Rich,

 

Just read your thread and am gutted that they threw your legitimate defence out!

 

I've had a bad experience with a DJ recently too so I sympathise. Some of them really don't have the faintest clue about Consumer credit Law and aren't even prepared to listen to arguments, it seems to me.

 

If you do decide to appeal, GOOD LUCK!!

 

Yeah, Thanks Blossom;)

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

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  • 2 weeks later...
Yes I`m aware that a DJ will not be dealing with an appeal.

 

I`m not prepared to post the amended defence for obvious confidentiality purposes.

 

The costs are worth it if we can watch the particular DJ who originally threw out my Defence etc.. eventually see red:)

 

Have all parties seen the defence now? Is there any reason not to share the information with everyone on CAG, as they have shared information with you? It may help others, as well as giving you a much wider audience to chip in and offer advice and support as you prepare for court.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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In fairness Caro, the case may never get back to court!

 

At the moment they have judgment, so all in all the defence didn`t work. I don`t want to send other C.A.G. members on the wrong path by posting something which may not be entirely helpful to them.

 

I would be happy though to help other members by p.m. if they require so, because it appears at this moment in time their are several DCA`s in disguise within the site:evil:

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

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Is the lesson to be learnt here the fact that the origonal defence was not received on time and if it had the outcome may have been different?

 

Berty

 

No. the original defence was filed and served correctly. what happened in this instance, I fear, is that the original defence became invalid because they sent a credit agreement to the court; and a subsequent amended defence was not submitted within a reasonable time before a strike out hearing. the reasons for this are complicated, and involve the banning of a former member.

 

technically, because the application to amend the defence was not accepted, the original defence was the one Rich lost under.

 

I suspect the judge was angry that Rich had not submitted the application to amend the defence in good time, and because Rich wasn't there in person all the judge heared was the creditors side of the story.

 

90% of the time, if you are not at the trial hearing, you will lose.

 

Rich did have good reason not to be there, but all the judge knew was a small part of the reason. I suspect if he had the full story, he wouldn't have been so quick to have the hearing without Rich's attendance.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Just to clarify a couple of things.

 

Firstly, what I meant by pm`ing members to assist them-- what I meant is that I will pm members, but not with my amended defence as I feel it is only suited to my case.

 

Also, in response to tomterms quotes. I had the credit agreement in my possession and included the non- validity of it in my amended defence. Just because the claimant sent it in to the court to see, this really wasn`t the issue here. The agreement was never an agreement- just an extended application! Also what is a strike-out hearing as I thought it was a hearing for summary judgment? Did the judge already have the inclination to strike out my case before I turned up?(or not in this case).

 

Finally I`m not sure where `the banning of a former member`merges into my case? There surely can`t be any involvement by Laiste for the judges decision -surely? She helped me immensely throughout the thread and I was proud to have her on my side, I wouldn`t of done it any other way!!

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

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Hi, Rich.

 

Just to clarify a couple of things.

...

 

Also, in response to tomterms quotes. I had the credit agreement in my possession and included the non- validity of it in my amended defence. Just because the claimant sent it in to the court to see, this really wasn`t the issue here. The agreement was never an agreement- just an extended application! Also what is a strike-out hearing as I thought it was a hearing for summary judgment? Did the judge already have the inclination to strike out my case before I turned up?(or not in this case).

strike-out hearing = summary judgement hearing. A summary judgement hearing is where they decide if there is any case to answer.

 

Finally I`m not sure where `the banning of a former member`merges into my case? There surely can`t be any involvement by Laiste for the judges decision -surely? She helped me immensely throughout the thread and I was proud to have her on my side, I wouldn`t of done it any other way!!

 

I wasn't criticising Laiste, Rich. However, i certainly thought you were getting the help you needed from her, and didn't realise she had been banned until your court case was imminent.

 

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi, Rich.

I just been reading the threads and its clear to me that you are criticising Laiste and I can only say from past experience that Laiste has been a God send to me. Her advice, freely given has cleared a very large amount of my debt and when I next have to go to court, I know she will be in my corner, if nothing else she gives me the bottle to fight, instead of just rolling over. It is a great pity that her advice is no longer available to everyone on this site.

MONEYDOWNTHEDRAIN

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I wasn't criticising Laiste, Rich.

 

I just been reading the threads and its clear to me that you are criticising Laiste

 

I hope that clarifies matters.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Quote "and a subsequent amended defence was not submitted within a reasonable time before a strike out hearing. the reasons for this are complicated, and involve the banning of a former member"

 

You can say what you want Tomterm, but it doesn’t change the facts, you WERE levelling unfounded criticisms at Laiste, and you weren’t in the slightest bit subtle about it, you then proceeded to back-peddle for England, in a bid to retract your comments and failed gloriously!

 

Don’t flatter yourself, or insult my intelligence that you have clarified anything in respect of the remarks you made. You deliberately made comments that insinuated that the reason Rich lost his case was because of Laiste. Furthermore, you were intentionally vague about how this apparently happened, by stating the reasons were “complicated”, how very convenient! You clearly didn’t want to bother us lesser mortals on here, with the actual details, and I have to say, I can see the difficulty you would have faced in attempting to help us all understand just how exactly Laiste’s banning had anything at all to do with the Judgment obtained against Rich! However, it is clear from your comments that you either believe and/or have evidence to substantiate what you are saying, and I am very interested to know what correlation there is between Laiste’s banning and Rich’s Judgment. So, why don’t you explain to me in as much detail as is required, just what exactly the connection between the two are.

 

I look forward to reading your explanation and I give you my word that I will try to keep my apparent dyslexia and inability to understand under control…..I tell you what, we will come back to your vile, disgusting and libellous remarks made at lunchtime, a little later! Oh, did you think I hadn’t seen the post? Well fortunately for you, I read every single word….before you deleted, or were instructed to delete, all evidence of the message! Luckily, I have a copy of the post, which will be helpful when I take advice in respect of the site's and your personal liability for the remarks.

 

Looking forward to hearing from you!

MDTD.

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For your information, the post refered to was moderated. i was neither instructed, neither did i take it down.

 

If you intend to take any action, i suggest you PM me with the name of your Lawyer. Otherwise, I have no interest in you or replying to you further. I am putting you on ignore.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 4 weeks later...

Here`s an update.

 

Enforcement action now being taken bearing in mind that Judgment was given due to me not attending the Summary Judgment hearing!:mad:

 

Hearing for an interim Charging Order now scheduled.

 

Any input for my case to present to the judge giving multiple reasons why this should not happen-- then please provide your input-- it would be appreciated!!

 

Is it correct also that my partner should receive a letter from the Land Registry advising her of the following and I quote:-

 

"You are a registered proprietor and :- RESTRICTION- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration that written notice of the disposition was given to XXXXXXXXXXXXXXXXXXXXXXXXX being the person with the benefit of an interim charging order made by the County Court etc. etc.. The applicant states that the Court has made a charging order against this property in case number XXXXXXX"

 

So I suppose it is now up to my partner to write to the L.Registry with her objections especially as she is not owing any money to the applicant- right?

 

Also it is interesting what the L.Registry are stating- I quote:-

 

"There are very few circumstances in which someone would be able successfully to object to such an application.

 

For instance, an objection on the following basis would NOT prevent completion of the application

- that you are already negotiating with the applicant as to how to pay/paying in instalments. The court order is still valid.

- that you do not agree with the order or that you owe money to the applicant. You may still be able to apply to the court to cancel the order but it is still valid.

 

If the Court order is made against a person who owns the property with you and not you personally then the above still applies. The Court order only affects the interest in the property of that person but the applicant may still make this application."

 

Any assistance in this case would be gratefullly appreciated- I do have a few notes already that I have towards an argument against the Judge making a full and final C/Order!!!

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

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Is it correct also that my partner should receive a letter from the Land Registry advising her of the following and I quote:-

 

"You are a registered proprietor and :- RESTRICTION- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration that written notice of the disposition was given to XXXXXXXXXXXXXXXXXXXXXXXXX being the person with the benefit of an interim charging order made by the County Court etc. etc.. The applicant states that the Court has made a charging order against this property in case number XXXXXXX"

 

So I suppose it is now up to my partner to write to the L.Registry with her objections especially as she is not owing any money to the applicant- right?

 

It is a legal requirement for your partner to be informed. Basically it is just making her aware (just in case you did not tell her) that there are certain requirements to be met before a sale can complete. It does affect her share in the property in any way.

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  • 4 weeks later...

Would you like to elaborate Rich. What's the problem? A quick update on where you are and what you need at the moment would help.:)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Enforcement action now being taken bearing in mind that Judgment was given due to me not attending the Summary Judgment hearing!:evil:

 

Hearing for an interim Charging Order now scheduled for Mon

 

Any input please for my case to present to the judge giving multiple reasons why this C/o should not happen-- then please provide your input-- it would be appreciated!!

 

Or as i have stated- free solicitors anyone??

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

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I've read the history of your case with interest. As I fear I am starting on the same path, although not as far as CCJ yet. I have just received a similar CCA from ARC chasing an Egg debt. I am grateful for the leg work already done and hope I can put it to good use.

Good luck with your case.

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Many solicitors will give a free initial consultation, so you might try that route.

 

Was there a good reason not to attend the hearing? As I'm on my lunchbreak I don't have time to read the whole thread. What kind of things have you come up with so far? If I can see what you're aiming at it's easier to give a useful reply.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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