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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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    • 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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I am completely exasperated with the Halifax, as I'm sure all of us are. :roll:

 

Have had my accounts with them for years but before I even read about your site we had started to move our many accounts with them. Firstly went the mortgage, then the kids accounts and am about to start on the ones with all the direct debits etc. Have opened a new current account ready to speed up the process.

 

Sent DPA letter on 4th May and got standard response.

Statements arrived 26th May but on further inspection one of them jumped from 31 Jan 2001 to 6 December 2004. I called and asked for them again.

"Replacement" arrived 3rd June - exactly same page with exactly same problem.

Called on 5th June to ask them to sort it out and was told I would have to pay a further £5 - didn't seem to grasp that this was their error. Am now waiting for the statement - apparently generated from a different part of their system and very "graciously" waiving the fee.

By my reckoning the 40 days is up on 14th June but we're off on holiday until 16th.

 

Am itching to get my numbers together so that I can senf off the first letter.

 

Am so sad that Halifax has come to this I had my first mortgage with them when they were a Building Society and they were brilliant and very understanding when I wasn't quite on top of my finances. Now they are a nightmare, recently got charged £80 for going overdrawn for 2 hrs - apparently they have no control over the order direct debits are paid in or taken out (even though in both instances they were from other Halifax accounts!),

 

This is such a brilliant site - have already spent hours browsing and reading up and am inspired by people's perseverence and courage in taking the Halifax on.

[COLOR=plum]Prelim 5/3/07; rec'd standard letter[/COLOR] [COLOR=plum]LBA 19/3/07; rec'd further holding letter[/COLOR] [COLOR=plum]MCOL 5/4/07; waiting with baited breath[/COLOR]

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I have now received the latest batch of statements and can't believe (or perhaps I can) that yet again they are not correct. Have had from Jan 2001 to December 2001 but then it jumps to December 2004.

 

The 40 days are up tomorrow by my reckoning so I guess I can report them to the information commissioner but where does this leave me with my next step with the bank? There are still 2 years of statements missing - should I do my prelim letter and with it say that I reserve the right to add whatever fees they have charged in that two years (I know there are some because I still have a few of the statements) or should I presevere and try to get all the statements?

 

I would be looking to get charges back from two accounts - do I have to do them separately in which case I could get started with one and resolve the other later.

 

If anyone can help it would be fab - we're due to go away next week and had hoped to set the wheels in motion before then.

 

Thanks

 

Llin

[COLOR=plum]Prelim 5/3/07; rec'd standard letter[/COLOR] [COLOR=plum]LBA 19/3/07; rec'd further holding letter[/COLOR] [COLOR=plum]MCOL 5/4/07; waiting with baited breath[/COLOR]

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Look here

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6986

for template letters for DPA non-compliance.

 

I'd be inclined to wait until you have a precise figure.

 

As long as the 2 accounts are with the same bank and in the same name, you can make just 1 claim, but there's nothing to stop you doing them seperately

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Thank you so much. That is fab - I hadn't managed to find that thread. I can send a letter tomorrow morning and perhaps they'll have replied by the time I get back from hols (not). Given I can't do anything until then anyway perhaps I will be able to do one claim after all.

 

Thanks again

 

Llin

[COLOR=plum]Prelim 5/3/07; rec'd standard letter[/COLOR] [COLOR=plum]LBA 19/3/07; rec'd further holding letter[/COLOR] [COLOR=plum]MCOL 5/4/07; waiting with baited breath[/COLOR]

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  • 9 months later...

As you will see there has been a long delay between then and now. Family and work stuff got in the way but am starting to get on track again and have achieved the following:

 

Prelim letter sent 5 March - received usual delaying stuff back.

LBA sent 19th March - waiting for response.

 

Have been reading up on MCOL and waiting for the 2nd April. No doubt will uncover some questions before then though this site has had so many successful cases so far I've managed to find all the answers I needed.

 

L

[COLOR=plum]Prelim 5/3/07; rec'd standard letter[/COLOR] [COLOR=plum]LBA 19/3/07; rec'd further holding letter[/COLOR] [COLOR=plum]MCOL 5/4/07; waiting with baited breath[/COLOR]

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Thanks that's brill. Trying to not confuse myself with too much info from too many places so this is exactly what I need.

[COLOR=plum]Prelim 5/3/07; rec'd standard letter[/COLOR] [COLOR=plum]LBA 19/3/07; rec'd further holding letter[/COLOR] [COLOR=plum]MCOL 5/4/07; waiting with baited breath[/COLOR]

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Hi Llinb

 

I'm pretty much i at a similar stage to you. My LBA will be due out on the 04th April, so i'll keep watching your thread to see what happens.

 

Did they not offer you anything at all at the prelim stage?? not that you would accept it anyway!!! but just to see if there is a common theme with the Halifax.

 

keep us posted

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  • 2 weeks later...

Have just submitted MCOL. Very nervous but excited at prospect of getting my money back.

 

Think I am supposed to let a moderator know that I've done this but am hopeless with finding my way around - any ideas how I do this?

[COLOR=plum]Prelim 5/3/07; rec'd standard letter[/COLOR] [COLOR=plum]LBA 19/3/07; rec'd further holding letter[/COLOR] [COLOR=plum]MCOL 5/4/07; waiting with baited breath[/COLOR]

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  • 2 weeks later...

Updating the thread, have just checked MCOL online and discover that my claim has been acknowledged. By my calculations this gives them until 13th May. Sit tight and wait to hear from the Court I guess.

[COLOR=plum]Prelim 5/3/07; rec'd standard letter[/COLOR] [COLOR=plum]LBA 19/3/07; rec'd further holding letter[/COLOR] [COLOR=plum]MCOL 5/4/07; waiting with baited breath[/COLOR]

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  • 3 weeks later...

Well it appears I have my money!!! It's in my banck account as of today. Two amounts, one for the charges and a second for the interest and court fees. Strangely they never approached with an offer and I haven't even received a letter.

 

Assume I have to let MCOL know, but will wait for some sort of written confirmation - wouldn't want them to take the money back!

 

How do I get this moved to successful claims I wonder?

 

YIPPEE!!!

[COLOR=plum]Prelim 5/3/07; rec'd standard letter[/COLOR] [COLOR=plum]LBA 19/3/07; rec'd further holding letter[/COLOR] [COLOR=plum]MCOL 5/4/07; waiting with baited breath[/COLOR]

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Chances are you wont hear from them. So your fine to inform mcol.

Most people, the money just turns up in 2 amounts, with no contact.

 

Well done....:D :D

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