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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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Timesnow v Barclays **WON**


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Hi. Have been using the site for excellent advice and support for a while, but this is my first post so hope it works. Here goes.

 

Have a Q, but the brief story so far.

 

Already had necessary statements, so went straight to LBA (28 Jan), got 50% offer (28 Feb), refused (outright, didn't do partial settlement thing - hadn't read enough by then) and gave them 14 days etc, heard nothing so MCOL (24 Mar) Issued (26 Mar) Served (31 Mar) Aknowledged (13 Apr) Defended (27 Apr). Hope that's brief enough.

 

All seems 'par for course' so far. BUT...

 

Have now (as of 14th May) received court date (local to me - 4th July), an AQ having been 'dispensed with', and the County Court saying that the hearing will take no longer than 10 mins, and if parties attend it will be for directions only.

 

Anyone think this sounds particularly good or bad?

 

Don't think I've made any horrific mistakes ... defence goes on for a while but seems similar to what other people have received...

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Is point 1 of the defence that the claim is summary in nature and that precise details of charges has not been given ... if so send an updated SOC to both the bank and the court with a covering note

Then i would contact B's litigation team on the pretext of finding out who is dealing with your claim ... the mood that they have been in the past week or so the might discuss settlement with you ....... Below is the contact details for Krysta Campbell

 

Krysta Campbell

Barclays

Litigation and Disputes

1 Churchill Place

LONDON

E14 5HP

Tel: 02071164753

Fax: 01452638359

email:krysta.campbell@barclays. com

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Thanks Saintly_1.

 

Defence starts very much along those lines. Have sent at least 2 copies of charges to Barclays (with precise dates and amounts and interest accruing on each charge etc...) along with a set to MCOL. Didn't do registered post though - but they must have got 1st set coz they responded to that letter. Eventually.

 

Thanks for contact. Will give it a go. And will send another SOC. (reg'd)

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Just thinking through 1 or 2 things...

 

May have made a mistake. Initially followed advice on MSE website. He says go ahead and claim statutory interest from the outset, so my initial letters / SOCs included the 8% column. Don't know what consequences this may have. Anyone any ideas? So when sending another SOC (see above) should I leave out interest all together, include it up to date of claim or include it up til now....?

 

In spreadsheeet, is it OK to call charges (under "In respect of") Paid Referral Fee - coz that's what they are called an my statements. It doesn't say whether the charges are for clearing cheques or honouring DDs or anything else.

 

Sorry for Qs - now I have a court date, starting to feel a bit uneasy.

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ditto to saintly,

 

Ref sending in S69 interest from beginning, dont worry this will have no effect on your claim, just make sure you check before sending any future correspondence.

Guys on here are brilliant, if you have a problem it will more or less be answered within 10 mins, very little time to hold off sending that important letter and get it checked first.

 

more and more people are losing their claims cos theyre doing silly things wrong......Dont be one of them.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Thanks Saintly..

 

With the repeat SOC thing - sorry still not sure. Have re-done it on this site's spreadsheet, but should I send one which has interest updated for today's date, or one which matches the one sent on the day the claim was issued?

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Hi, I have sent an updated one with that days date on it so they can see the accumulation of interest! Let us know how the phone call goes but I wouldn't be surprised if they don't forget you - they are so busy. I have had to chase to get a response everytime. give them until 12.00 and then give them a call and say you are just chasing a response which was due at 11. Good luck.

 

Karenann

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Phoned them back (all on pretext of finding out who's handling my case). Krysta C just gave me the bloke's name and number. Nothing more exciting than that. (she asked if there was anything I needed to talk to him about there and then..??)

 

Don't know if now's the right time to make an approach - most people seem to say wait for them to make the first move. Hmmmm.

 

Think I'll send latest SOC to him and to legal person on defence form anyway. Sound OK anyone?

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I would give him a call and give him all your details i.e. court date, Judge etc and ask if he is prepared to talk about a settlement. He may say that it is a bit early and they will come back to you in a few weeks or they may settle there and then. Worth a go though

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What a nice chap! Asked for court date. Said he'll send a settlement letter couple of weeks before that and if I agree amount etc will credit account.

 

Yippee I guess???

 

Still gonna get court bundle etc together just in case.

 

Thanks for the advice Karenann. May have saved a lot of time, effort (and my nerves!!)

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Well done - make sure you chase them if you don't hear when they say because they do tend to forget you.

 

Hope all goes well - let us know when you hear anything further.

 

Karenann

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  • 4 weeks later...

Hi all. Just a quick update - and a happy one. Phoned lit team to remind them of soonish court date. They were vv helpful. I emailed up to date charges, they faxed me an agreement form, faxed it back, funds transferred same day. Sorted!!

 

Thanks v much to site (donation on way) particularly karenann and saintly for the advice to contact Bs direct.

 

Keep up the good work. Will continue to watch with interest may even pluck up courage to advise someone else.

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Well Done Timesnow - Great result:D

 

Slick

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Sorry - nipped out. (Not spending - yet). Will have a quiet :wink: cel. at some point.

 

Thanks again everyone. Hope it goes straightforwardly (is that a word?) for everyone else.

 

Cheers

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