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    • Hello, Just to check I understand things right, he moved to a nursing home, you then kept paying the rent for a period of time whilst you sorted his belongings. You have asked to give notice and asked for backdated payments of rent from when you first asked which went ignored? They are still taking rent payments.   Have I understood correct?   If I've got anything wrong please correct me.
    • I contacted Sanctury housing in August 2023 after informing them my father in law who had Dementia had moved into a Nursing home December 2022. We kept the flat for 8 months until such a time we could accomodate some of his furniture that my wife wanted to keep. I contacted them in August 2023 to let them know the situation by email as I was the named person that could speak on his behalf. I informed them that we had left it to late for POT and were seeing a solicitor for Deputyship of his financies. I asked them what information would they need in order to give notice on the flat and we could provide details of his condition and nursing home. This went ignored I left it a month and then called them October 2023. I was promised a call back from a manager over the next few days. This never happened and it was end of November when I contacted them again and they had no record of me calling them. I explained the email and again I was told the local manager to the area would call me. This never happened and I ended up emailing them in January 2024 with a copy of the email from August. Again this went ignored and I had explained to them that we couldn't just go to the bank and stop the DD as we had tried. This email again went ignored. I then had a letter written to our home address in February asking us to get in contact with them (local manager) as they were concerend nobody was living in the flat. He had an email address so I copied in the last 2 emails to say I had been trying to give notice since August 2023. I also stated that I would like the rent that was paid from August 2023 refunded back to his account as I had officially tried to give notice then and it went ignored. He replied to us about wanting to look at the flat then notice could be given once he had contacted the nursing home to confirm he was actually living there now. Notice was giving for the 22 March 2024 and this would be when rent would stop and no further payment would be taken by this point. The fact I asked to be back dated went ignored. I have since noticed on 2 banks statement for April and May that they are still taking Rent payments of £501 from his bank. Further to this which seems very strange. He was with Eon Next for his utility bill again we were having problems getting this stopped as they needed a named person on his account which there wasn't one despite me managing his online account for him. I didn't check the email address that often that I used to set it up and went to check as noticed the credit he had built up with not living there was all getting refunded in February. The email said £600 would be refunded to his account with a (sorry you are leaving us message) but how can he leave as nobody but himself had access to speak with them. I also noticed the lady in the flat above him had a letter from her bank sent to his address with his address details but his name which was dated 4th March well before we had given notice and it said (thank you for giving us your new address details) we have set all this up for your account.   So Sanctuary housing must have been aware he wasn't living there from the ignored emails for the lady above to start changing address details to move into his flat before the housing manager had even got in contact to ask if anyone was living there. What I basically want to know his do we have any legal standing to claim the rent back from when I first contacted them in August 2023? There is roughly £3000 to come back  
    • lowell letter = we've mugged you once - why are you not paying this other debt....😎
    • i see you are posting this all over the internet too. here you say it was returned by the safety camera dept UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please? WWW.FTLA.UK UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please?  
    • I see what you mean. I will wait till the 8 weeks is up and then take it up with FOS. Before I do will be on with some more details on the SAR. Thank you once again. 
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MERCERS and 2 faulty BC DNs **WON**


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Well, that's another week that's passed without disturbance by DCA cretins.

 

Optimistic haven't said a thing, 1st Crudit are still under their stone and Weightmans have yet to respond after their empty threat and 'cunningly worded' letter inviting me to disclose all kinds of info an enter into a secured agreement.

 

I wonder if Optimistic will actually do something ... if not I have to take holiday and have I expenses. Surely these are valid costs that they should pay?

 

D

 

well, at least they are leaving you alone so thats one good thing to come out of this

 

its shouldnt be long before you do hear,normally after the defence is served on the claimant,they have 28 days to inform the court if they wish to continue. may be worth a quick call to the court to find out whats happening

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Well well,

 

Today I got a letter back from Optimistic claiming that they have been instructed to proceed by Barclays and will get back to me with regard to my CPR request (well after my defence was submitted). See below in blue.

 

Time to lose badly guys ... this is clearly designed to intimidate and flies in the face of correct procedure and protocols.

 

They're also patently playing a numbers game and have no intention of placing a well constructed case in front of a judge

 

If possible, this makes me even more determined to face up to them. I take it this latest attempt at intimidation can be used as further evidence of a vexatious claim?

 

"Dear Sir,

 

We remain instructed to act on behalf of the Claimant and refer to your defence filed with the Northampton County Court.

 

Please note that we are collating the information you have specifically requested. We apologise for the delay and hope to revert back to you within fourteen days with the required documents"

Dated 11th March ... signed with a random squiggle and 'Optima Legal'

 

It all looks very automated and they haven't even figured out how to use a mail merge yet.

 

Should I leave them to it or is there a harsher & more direct approach I can take? I'm in the mood for a fight !!!

 

D

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Thanks Paul,

 

This whole thing has been bugging me. The letter is so anonymous it's unreal.

 

Perhaps that's just me and my inexperience of legal proceedings for a substantial sum of money. They seem so 'random' about this and have no focus whatsoever. In short, I was expecting an attempt at negotiation or a fight.

 

This response is pathetic and, as I see it, shows yet more

'game' and 'numbers' playing ... they can't possibly think they can win can they?

 

Does it really look like I have a bluff to call ???

 

Any bets on what happens next ? ... I'd say that they're going to try to make me an offer.

 

I think we all know the answer to that.

 

D

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lol bazzar i dont think u can.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Subscribing Awesome thread, I've just lost 3 hours reading this, Can I claim this back?

Good luck

 

 

Hi bazaar,

 

This has turned into a monster thread ... parts of my experience are now heading for closure and my life has changed enormously.

 

All I can say is that all of it reflects my thinking at the time of writing. Latterly it's turned into more of a blog and I'd like it to continue that way.

 

If nothing else I hope there's advice and encouragement for others to take these gits to task and stand up to them.

 

I still have a load to learn and a load to go through but by sharing that I hope to pay a little back to those VERY kind people who have helped me out.

 

I'm certainly not going to forget these forums after all of it is over either.

 

You make friends in some funny places :)

 

D

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delfi.

 

No need for paying me back a ty is enough as we are all here to help other ppl as well as ourselfs.

 

Glad things are working out for you tho.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Sorry GM,

 

I have to contradict you. There is every need for me to be grateful for the help and encouragement I've received here.

 

I was in a big hole and people here dropped ladders ...

 

D

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yes but you said paying ppl back.

 

I have said there is no need to pay ME back a TY is good enough for ME as we are all here to help others and ourselfs.

 

It may just be me but i am grateful when ppl say TY for your help and i have been gratefully for the help ppl have given me.

 

sorry to have caused any confusion.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 weeks later...

OK, things are starting to move.

 

I've received an Allocation Questionnaire and the whole process has now been moved to my local CC.

 

I have to have the above completed by the 21st of this month and, as ever, I'm going to need some help and be asking some dumb questions.

 

Is there anything I should know or do immediately?

 

D

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I should have added that Optimistic have not contacted me with any CPR details. The last I heard from them was on 11/03 when they suggested that they'd get back to me with the detail in 14 days.

 

Can this be added as further evidence?

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yes as it proves they are being unreasonable/un coperative

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

OK ... I'm on the final bits of filling in the AQ and I need a hand.

 

I've taken Paul's docs from the sticky and amended accordingly.

 

Now, a few Q's

 

B:Location of Trial : If I'm happy with the stated court do I say anything?

 

C: Any pre-action protocols?

 

D: Case management info - Witnesses including myself I expect ... what do i say to 'Witness to which facts?' ... 'All'?

 

- Is 'track' dependent upon level of debt alone?

 

E How long do I estimate this to last?

 

Thanks for your help in advance :-)

 

D

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you will want it in your local court.

D:

 

Yes u are witness to the fact and you need to list any other witnesses as well like your mum etc.

 

track.

 

say small claims

 

time i would leave blank as we dont know who long it will take.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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OK ... I'm on the final bits of filling in the AQ and I need a hand.

 

I've taken Paul's docs from the sticky and amended accordingly.

 

Now, a few Q's

 

B:Location of Trial : If I'm happy with the stated court do I say anything? No, if the location doesnt require changing IE its already in your local county court then tick no

 

C: Any pre-action protocols? If this is the question that is two parts and asks if you have complied with the pre action protocols then there are no preaction protocols that apply to you,especially if they have not sent you a proper letter before action

 

D: Case management info - Witnesses including myself I expect ... what do i say to 'Witness to which facts?' ... 'All'? yeah correct

- Is 'track' dependent upon level of debt alone? yeah it is so if you are over the 5k threshold and over by a large amount its doubtful that you will go small claims, more likely fast track

E How long do I estimate this to last? normally, 3-4 hours

 

Thanks for your help in advance :-)

 

D

 

HI D,

 

ive answered as best i can and i would say that , when considering the directions i would certainly ask for a copy of the credit agreement in a legible form

 

if you need any more help mate just shout

 

regards

paul

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Thanks Paul,

 

I think that's pretty much nailed it. The draft docs that you posted as a sticky perfectly represent my situation.

 

I wonder if they'll push this any further knowing that they can't produce what is required either for the default notice or the CCA having clearly broken CPR protocols.

 

D

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AQ and supporting documentation sent to the court with mono (don't see why I should waste colour toner) copies to Optimistic.

 

Both sealed with a CAG sticker of course ...

 

The reality is that this is more of my very limited spare time wasted on something that they clearly can't win.

 

Fine ... I'll just deduct my expenses from what I think I owe them and come to a total sum owed of £0.

 

Had they listened to me from day 1 they would have been paid something ... most likely more than I truly owed. Now they get absolutely NOTHING.

 

I'll be after costs too ... there's a point of principle here.

 

D

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yep good idea with the costs.

 

l also love the figure that you owe.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I just got a copy of the AQ from Optimistic. This is quite laughable ..

 

 

The covering letter is entitled 'Dear Madam'. My first name is clearly male.

 

Their witness name is 'To be announced'.

 

Overall costs estimated at a stunning £3,000 ...

 

They want a total of 17 weeks to file a 250 word case summary after a list of things that have already been provided to them.

 

Dreadful and pathetic idiots.

 

 

D

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