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floydster

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  1. Hi, I'm hoping for some advice with a housing problem we are having as our housing tenancy officer is being less than helpful. Here is the story... Six and half years ago my partner moved into a council flat with her now ex partner. 2 years later they split up and he moved out. It was a messy break up with a child involved and we now have no contact with him what so ever. When they got the flat the tenancy was taken in both their names. A few months after the split she met me and a few months after that I moved in. We wanted to do everything by the book so contacted the council to get the ex removed from the tenancy and me added and were told that this was a lengthy process and as the rent was being paid there was no need to go through this process and we should just stay as we were. 3 years down the line we decided we would like to move from the flat via a mutual exchange or a transfer to a house with a garden as the area we live isn't the nicest. After filling out the transfer forms and registering with the exchange Website we waited to hear from the council...and we waited... and we waited. After a month I started chasing them and eventually managed to get the persons name that was dealing with our transfer. We were then told that we were unable to do a transfer as the tenancy was still in my partners and her ex's name. The transfer application was rejected and we were referred to our housing tenancy officer. Who was rude, unhelpful and from the impression I got had no interest in trying to help us. Please bear in mind that my partners ex after moving out, moved to a neighboring town and is renting a flat through the council at the tax payers expense. The options we were given go like this. Stay as we are and don't move. Give up the tenancy and reapply for the same flat in our names, but in doing this we may not be given the flat as i work full time and someone may need the flat more than us. Also this would mean if we did get the flat back we are subject to the new rent laws, we lose all the history of our renting and we lose the right to buy. Go to court and let the court decide who has the right to be in the flat (my partner or the ex) at our expense as I work full time. Rent privately. Now the problems we have are yes i work full time, but I don't earn enough to support a family of 3 and pay the amounts to move into and rent privately. We don't particularly want to go to court with the ex as we know he will make it as difficult as possible and we have spent time at court getting him out of our lives as he is of unstable character. The housing office has put us off wanting to give up the tenancy due to fear of then ending up homeless and me working full time won't help us in being rehoused. All we want to do is move. This might not seem much to some people but to us it would greatly improve our lives. Is what she says true? Is it really this hard to say "he no longer lives here". I got the impression that the housing officer didn't like paper work and has done her best to prevent her from getting any. At the end of the day he hasn't lived there for 4 years and I have been paying the rent for the last 3 years which they don't have any problem with.. Hey as long as they get their money right.... If anyone can give us any advice on how we should proceed I will be most grateful as at the moment I fear we are destined to live out our lives in this flat We have an oppointment with the CBA on Monday but any help or advice anyone here can give would be great. Floyd
  2. ok i sent them sp's letter which they received on the 15/07/08. ive not heard anything back. should i just wait to hear from them?
  3. wow thanks now i have 2 to choose from. wish i could write letters like that. thanks to everyone for there help.
  4. can i jsut add.. The burden of proof rests with you as per London Congregation Union Inc v Harriss and Harriss [1988] 1 All ER 15, CA at 13.3). and they will know what that means. sorry if im sounding dumb but im not very good at all this.
  5. wow thats so much better than mine. thanks PGH7447
  6. thanks Sequenci. i was gonna reply with this. do you think i should leave out the part about it being illegal and me going to my solicitor? Dear Sir, Further to your letter dated 7/7/8 I find it impossible this alleged payment was made against this alleged debt as I have checked all of my bank records. Therefore I require all the details of this alleged payment within the next 7 days or I will have no choice but to consult my solicitor regarding the falsification of payment details to prevent this alleged debt becoming statute barred, which I’m sure you are aware is illegal. I look forward to hearing from you. thanks floydster
  7. i have had a letter from 1st crappit which reads. We are in receipt of your letter received in our offices on the 2nd july 2008. please accept our apologies for the further letter of the 26th june 2008. our client has advised us that the last payment of £50.00 was received on the 18th july 2002. as you are aware the account does not become statute barred until the 18th july 2008, however this does not mean that the debt is no longer due and payable. we therefore look forward to your proposals for settling the account. yours etc etc i find it a bit of a coinicidence about the dates. i am 90% sure i was actually unemployed at this time so it would have been impossible for me to pay them any money let alone £50 but i am in the process of checking, thankfully my mum keeps a diary so she is going to check for me. i know i should wait until i have the full information of what i was doing in july 2002 but i thought it best to get this on here as soon as possible so i can get peoples thoughts. would a company like this go so far as to alter the date i last paid them so they can say the debt isnt statute barred? thanks
  8. so if they cant prove the debt isnt barred will they inform me or will they just stop contacting me. also does anyone know how statute barred debts affect your credit rating? will the debt remain on my credit file as an unsatisfied debt forever?
  9. Hi, i received the compaints procedure this morning but still nothing about weather the debt is statute barred. What should i do now with regards to the complaint as I'm not sure what rules they have broken. Thanks
  10. Thanks ScarletPimernel. letter is done and will be sent 1st class redorded delivery tomorrow. will post back as soon as i get a reply.
  11. ok this is what i was going to send. is there anything i have missed that i should put or anything i shouldnt? Dear Sir, Further to the letter I have received from LSC your legal department I would like to point out that I’m am still awaiting an answer to the letter I sent regarding this “alleged” debt dated 19th June which you received on the 20th June as it was sent recorded delivery which would mean the “alleged” debt is in dispute. Please kindly refrain from sending me threatening solicitors letters and actually reply to the letter I sent dated the 19th June which have enclosed a copy of as I get the feeling you probably didn’t even read it. Can you also send me a copy of your complaints procedure as I wish to make an official complaint about the way you are dealing with this along with the way you are harassing me without actually answering my original letter. I look forward to hearing from you.
  12. hi guys thanks for all your responses. sequenci yes id be intrested in getting involved in your project the more help i get to help get these people off my back the better. in the letter they have sent it says, "please note that we are not instructed to enter into corresponence with you regarding this matter prior to the issue of legal proceedings. all payment and communication should be made direct to our clients" so im guessing i shouldnt reply to them but send a letter to first credit. i'll put a letter together and put in on here for u guys to check over if thats ok as im new to this or do u think ODC's letter is what i should send. thanks again for all your advise
  13. Hi, I sent the letter to them on the 19/6/08 recored delivery which they received on the 20/6/08. i have received a letter today (28/6/08) LCS solicitors which says it is the legal division of 1st credit. it basically says that 1st credit have asked LCS to write to me giving me 14 days to make payment in full or they will issue proceedings against me in a county court for recovery. the letter doesnt mention anything about the debt being statute barred. what should i do now? thanks
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