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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 claim £2000 costs in a.q. what a cheek


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Michael Browne has replied to me saying that my schedule of charges for court is the crucial one. I have corrected schedule now because put a couple of wrong dates on it including the title stating it claimed up to December 2007 when I meant December 2006.

 

Will the original schedule - sent with preliminary letter and LBA which is not correct and new correct schedule cause problems? Should I send my corrected one to the bank stating that there is couple of amendments which will be used in my claim. The schedule doesn't go with the NI form at this stage anyway does it? Any advice - thanks F

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Will the original schedule - sent with preliminary letter and LBA which is not correct and new correct schedule cause problems?
No
Should I send my corrected one to the bank stating that there is couple of amendments which will be used in my claim.
Regardless of what you sent before (it could have been a laundry list) it's what you file with your claim that the bank will 'defend'

The schedule doesn't go with the NI form at this stage anyway does it?

It does if you are actually filing using N1 at your local court, but not if you are using MCOL, which is why you should file at your local court if possible.

 

See here:

Getting MCOL Right

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:confused: I have prepared my claim form so I can type it up at work tomorrow as don't have printer at home and am stuck

 

in the value section you write charges, 8 percent interest, court fee and total. Then underneath it says ..plus interest pursuant to s.69 county courts act 1984 from date of issue to date of judgement settlement at £ x per day

 

I have times my charges 1,998 by 0.00022 which comes out at 0.43956 so I have called it 43 pence a day from date of issue to date of judgement. Have I got my sums right? Yours quite exhausted

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Hi Fran,

 

Read this.....post number 8

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/75513-interest-charges.html

 

as always Lula understands the maths:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Lula - thanks for replying to me - have written in another thread of yours but shall write again

 

is it a) charges 1998 + 8% interest 441.22 x 0.00022 = 54 pence per day

 

or

 

charges 1998 x 00022 pence per day = 43 pence per day ( this is how it appears on page 2 of CAG NI Particulars of Claim - Hard Copy Version - which why I am a bit worried)

 

sorry for being so thick but need to know before I start my computer claim form thanks Fran

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Hi Charley - lara says its charges and 8 percent that you work out daily interest on - where are you up to with your claim now- any news yet - feeling v worried re possible court appearance now reality of claiming dawns. Fran

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Hi Fran,

 

Have you done a spreadsheet for your charges?

 

It's just that reading your thread I get the feeling that you haven't. You are allowed to claim 8% interest on the debt from the date it became owing to you, so you need to use a spreadshhet to calculate it because some of these charges can be for 5 years ago and you can claim interest from that date. The figure on your N1 is the daily accumulation from the date you file your claim until it's settled.

 

My N1 is deemed served on 28th Feb and defence due by 28th March, so I expect something in the post from Abbey tomorrow (5 or 6 days before the last day they can file)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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lara says its charges and 8 percent that you work out daily interest on

No daily rate is just your charges x0.00022, otherwise you are charging 8% on 8%

I have times my charges 1,998 by 0.00022 which comes out at 0.43956

This is right, rounded up to £0.44p
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Hi - thanks but have done spreadsheet and worked out 8 percent -

 

Answer to my query : it's the charges x 0000.22 to work out daily rate that I will also claim on N1 form - not charges plus 8 % x 0000.22. It is good you are slightly ahead - you sound like you know your stuff. Good luck

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Hi

 

I never had a reply from my lba and filed my NI on Friday gone - waiting for post from court. Then this morning I have 280 quid paid into my abbey account - all refunds. My original claim was £1998 so it's peanuts but still amazed. What is going on? If it is a GOGW why is it such a piffling, random amount? What do I do next? Fran

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If you have already filed your claim then you can just let the court know that youve had part payment. Did Abbey send you a letter or anything???. I wouldnt ammend your claim as its not your fault the figure is different now. You could write to Abbey and inform them of this and that if it was for your claim then you will accept as part payment and take them to the cleaners for the rest. Well in about 3 or 4 months after they stall and stall!!:)

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Hi

 

I am in the same position im claiming for £2,000 in charges and they randomly put in £130 on Monday! After reading this it seems to be their way, no idea how they reached that amount though lol

 

I cant find the template on here to refuse the GOGW. How do you get into the template ive gone to FAQ and template forms, i must just being blonde but can anyone give me the link to it.

 

Laura

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thanks sparkydawg

 

no, no letter or explanation but will write to bank and acknowledge in next stage of claim - it's just been an intermittant reward for me that has reinforced my impetus and drive to carry on til the bitter end. I want my money back - all of it Fran

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sparkydawg vbmenu_register("postmenu_681817", true);

Basic Account Customer

 

Join Date: Oct 2006

Posts: 62

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icon1.gif Re: random payment of 280 quid from abbey

If you have already filed your claim then you can just let the court know that youve had part payment. Did Abbey send you a letter or anything???. I wouldnt ammend your claim as its not your fault the figure is different now. You could write to Abbey and inform them of this and that if it was for your claim then you will accept as part payment and take them to the cleaners for the rest. Well in about 3 or 4 months after they stall and stall!!

 

this is waht sparkydawg says and I am going to accept it if it is some payment of my charges and just deduct it from the amount I claim at my next stage in the process as I have filed a court claim FRan

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can we not tell them we dont accept and ask them to take the payments back we will claim the full amount by court, the fact they have paid them at all is in my eyes an admission of guilt, why should we have to pay to alter claims because of their cockup

:madgrin:

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Dont have to pay as it was them that paid it and not you that messed up. You can just infrom the court at your next stage that they have paid a certain amount into your account and this will be deducted from your claim when settled.

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I have had a letter now referring to my preliminary letter saying the charges are correct and the 280 i found in my account last week was a GOGW. I started my court claim Friday 23rd and it was issued 26th so need help with following having read around: which is the best way forward?

 

1. I let court know I have had a part payment by ringing them.

2. I can either adjust claim at next stage which will be settlement ( doubt it) or AQ or deduct from my claim when settled.

3. I should write to Abbey with rejection letter

4. I should write to Abbey accepting as part payment for claim and raise awareness of where proceedings are now.

5. I should not write to Abbey

 

I think number 1 and 4 but not sure if I need to explicitly reject GOGW offer Help please! Fran

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