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Rich44

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Posts posted by Rich44

  1. Is that the same for housing associations? As I know some rules are different between private landlords & them. 

     

    They turn up & issue a safety certificate every year after less than 15 minutes of being on site, essentially they run the boiler check the gases & everything else is visual which is why I was querying the fact they didn't even do that last time.

     

    The only maintenance done is to change the little screw in filter in front of the boiler they don't even take the cover off in the last 10 years that's the only maintenance they do each year. 

     

    As for CO poisoning I read the same stats, I know it's a lower risk with oil but equally I know locally of a couple of households who ended up requiring hyperbaric treatments from oil boilers, our old place boiler was outside so risk was even lower but not the case here. 

     

    I'll just write to them again then, if they'd just reply & say yes it's fine or no we need to do it again but they don't ever reply just "we've passed it on to our assets team"

  2. Thank you

     

    Have wanted to do that, unfortunately cost is the issue it's a min of £150 here off contract that I've found, we live hand to mouth plus have to pay off the budgeting loan to cover removal costs at the moment too, otherwise I'd have done so before now but ESA doesn't go far in the first place minus budgeting loan & bedroom tax & well you know how it is. 

     

    I've got a tribunal coming up if that's successful might be able to do something then just feel as the landlord it's their responsibility to do this properly, our old property the cert had all the emissions figures as we had oil. On top of that when we did get oil in it the system was faulty too (not the boiler tho) 

     

    I guess I'll just have to try another recorded delivery letter & try another complaint just wondered if there's a particular law to quote if a boiler must be running to be certified safe

  3. Hi

     

    We live in a housing association home, moved in via an exchange in July. When we moved in the oil tank was dry so we had it filled immediately. 

     

    When we did paperwork for the exchange we were given bundles of stuff one of which was a boiler safety certificate. It was missing all figures for emissions tests just said "N/A". I'm assuming given the previous tenant had no oil there was no combustion test done. 

     

    I've asked the HA many times since July Inc in person during a visit here & no one ever gets back to me. I wanted to know is the cert valid without a full boiler test or should it be done again? Realistically we're relying on CO alarms in the house as we have no idea what the boiler is doing? 

     

    I would've thought it needs to be done again, properly but am I right? 

     

    On a separate note the asbestos report was garbage too as we reported a plumbing issue a month after moving in & there's an asbestos water tank in the loft in use, not mentioned on that either which lead to the plumber walking off site (in a huff as it wasn't in the report) & still hasn't been sorted either. 

     

    Anyway thanks for any advice. 

  4. Hi

     

    Elderly 85+ she'd had a Barclaycard on/off for decades. She received 2 cheques from Barclaycard this week both for around £1400.

     

    The attached letter say they've sent the average payout as they have records she had PPI on the 2 accounts & the dates, but they do not have any records of what she paid & for what (which sounds like rubbish to me) 

     

    She doesn't have any records either what do people think, take the money & shut up or take it further?  If so what do people recommend next? 

     

    Thanks

  5. 1 hour ago, dx100uk said:

    stop using a useless prove it letter!!

    have you done AOS and CPR yet?

     

    dx

     

    Not using prove it letter was simply saying that's what i've done previously and they haven't replied at all

     

    Went to edit previous post to format it etc and left it too late so apologies that my answers aren't clearer

  6. Name of the Claimant ?

    Date of issue –13th March 2019 (only received recently had follow up letter acknowledging mistake their end and deadline is now 11th April 4pm)

    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 11th April 2019 16:00

    ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

    Particulars of Claim

    What is the claim for – the reason they have issued the claim?

    1) The defendant entered into a supply and service agreement with EDF under ref:xxxxxx

    2) The agreement later ended but a liability remained outstanding for payment

    3) The agreement was latere assigned to the claimant on 27/11/2017

    4) Despite repeated requests for payement the sum of £300 remains due and outstanding

    And the claimant claims

    a) The said sum of £300

    b) Interest pursuant to s69 County courts Act 1984 at the rate of 8% per annum from date of assignment to date of issue accruing at a daily rate of £0.069, but limited to one year being £25.08

    c) Costs

     

    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

    A letter dated 18th March titled Notice of claim issue and debt collection letters nothing else

     

    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?

    No same address for past decade


    What is the total value of the claim?

    £420

    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 

    No

    When did you enter into the original agreement before or after April 2007 ?

    After

    Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?

    No

    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. 

    Lowell

    Were you aware the account had been assigned – did you receive a Notice of Assignment? 

    Can't remember seeing one but was in 2017 according to them so might not remember seeing it

     

    Did you receive a Default Notice from the original creditor? 

    No

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? 

    No

    Why did you cease payments?

    Left company never got a final bill despite providing final readings

     

    What was the date of your last payment?

    Well before 2017 possibly 2015

     

    Was there a dispute with the original creditor that remains unresolved? 

    Only proof of debt no bill and no way of knowing if debt was from meter readings or if they estimated it

     

    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? 

    No

     

    The date for claim is 13th March but I also then received a letter dated 26th March saying there was a technical problem so the claim wasnt posted on time  so you have until 11th April 4pm to respond.

     

    I have sent a copy of the prove it letter to Lowell again saying look I sent you this twice in 2018 and you never replied and now you want to go to court, if you provide the proof and it's correct and valid and withdraw the court case I will negotiate to pay it if you don't part of my response to the case will include the fact you have not provided proof of the debt.

     

    As said before "happy" to pay it if we owe it but they never get back to you and just send out their template debt collectors letters until now.  What do I do next, obviously I need to write a response to the court, suggestions?

     

    Sorry for delay in posting again i'm sole carer for my disabled husband so things can get a bit awkward sometimes, thanks for the replies much appreciated

  7. I haven't been an EDF customer since 2014 so guess it would be about then they're chasing from. I never got a final bill from EDF at the time so chalked it up to being OK then didn't hear anything until Lowell got involved a few years ago they've batted about for awhile since then sending letters threatening 

     

    Last year sometime I wrote back with the prove it letter & they never replied to it just sent more threat letters until court papers arrived today I'll fill all info in Bankfodder requested later when I can get it in front of me quietly. 

     

    They sent one of their usual you owe us this pay this now & it'll go away but as they never addressed my letter I ignored it, didn't say anything about court as I recall just a standard bully letter. No pre action protocol nor letter at all. 

     

    Is it worth contacting them again?  Am happy to pay what I owe just wanted proof they weren't fishing & amount was correct ie its not built on estimated readings etc

  8. Hi

    for a few months now Lowell have been sending the threat type letters to which I replied with the prove it letter to them (twice) which got no reply,

    haven't heard anything for a few months until today court papers arrive. 

     

    Whats the best way to deal with this it's for energy from EDF from 2014 they now want about £400 but I couldn't see how we owed so much  which was why I sent the prove it letters to them as happy to make arrangements to pay it if the amounts were correct etc.

     

    What do I do now?

     

    Thank you

  9. This topic was closed on 10 March 2019.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  10. Social housing car park IS NOT private property.

    Its akin to sorn-ing your car and parking it on Tesco's.

    Park it on your drive.

     

     

    If I had a drive it'd be on it we don't even have a road let alone a driveway. Did I mention it broke down, can't remember if I did now or not but either way I can't move it myself. I will scrap it but the local company wants a V5 (not unreasonably) to collect it and it hasn't turned up yet. I've now done a V62 to request one but obviously this takes time hence the question.

     

    The note was banging on about it being abandoned that's all it is talking about nothing else and as I have told them it is not abandoned this notice says nothing about SORN nor tax etc it just literally says it's abandoned and for which I was asking advice especially as it's undated too.

     

     

    I have since had an email from someone with no job title just a name saying contact the landowner despite the fact it wasn't the landowner that put the notice on the car

  11. Ok I'll try to keep this short

     

     

    Bought a car, broke down still awaiting the V5 and fully intend to scrap the car but will also remove some parts from it before it goes. In the meantime the car is whole and in tact and looks in roadworthy condition with MOT.

     

     

     

    The car is parked on social housing landlord car park and is SORN'd, untaxed but does have current MOT. Have had issues with neighbours and ASB for which I involved the police. They have moaned at the landlord saying the car is "abandoned" to get at me.

     

     

    The council came out and put a notice on the car last week:

     

     

    Polite Notice

    Refuse Disposal Amenity Act 1978 (as amended by clean neighbourhoods and environment act 2005)

    Road Traffic the removal and disposal of vehicles and regulations 1984

     

     

    Reg*********

    Make xxxxxx

     

    Model xxxxxxxxxxx

     

    Colour xxxxxxxxx

     

    Location xxxxxxxxxx

     

     

     

    Vehicle reported as abandoned, if you have information relating to this vehicle or are the owner/keeper please contact the environmental protection team at xxxx if no information is received by x July the vehicle may be removed and destroyed

    -------------------------------

     

     

    That is complete there's no date or other details on the notice.

     

     

     

    I emailed them immediately telling them the car isn't abandoned at all and up until today I hadn't heard anything from them. I have emailed them chasing up a reply and just got a curt email from someone with no job title saying contact the landowner yet it wasn't the landowner that put the notice on the car that was the council.

     

     

    I have no intention of leaving the car there any length of time, i've submitted a V62 to the DVLA to get the V5 as I haven't had one for the car yet and once I have it i'll get a scrappy to collect it. Unfortunately I hadn't acted as quickly as I could've done due to disabilities and ill health.

     

     

    So what's the legalities with removing the car in this way how much time do I have? The car is MOT'd until September but is SORN at present and quite happy to get the car gone as soon as I have the paperwork to do so.

  12. Oh for goodness sake because:

     

    The car park is too far to walk

    It's up hill as I said I am disabled

     

    If you think that there is adequate parking well that's wrong for a start but leaving that aside even if there was 100 parking spaces if none are usable for a disabled person how is that not a breach of Equality? By your logic there's no need for disabled parking spaces in a multi-storey car park because there are "plenty of spaces" that kind of logic is bonkers!

     

     

    The equality act is about unsurprisingly equality. An able bodied person is able to walk that extra distance safely, reliably and repeatedly.

     

    No one else here is disabled and if someone else parks in it visiting who is disabled that would be temporary at worst and as you point out i'd just be back to where I am now so there'd be no additional harm done and in the mean time i'd at least have some peace of mind that the space is only likely to be parked in by others who need it. As I said it's very rural the only people that park here are residents and none are disabled so no one with a blue badge is likely to be parking here.

     

    Honestly I fail to see why you feel the need to be so aggressive and hostile to a simple question. It's a stupid question if you can't see what the equality act has to do with it then I suggest you stop replying to this thread and leave it for someone who's trying to help instead of being unhelpful and dismissive and negative.

     

    Honestly I remember why I left this site the last time now. I am sorry I feel I need a disabled parking space so I can park at my home i'm sorry you fail to understand how me asking to park that little bit closer to my home than other able bodied people and being ignored is discrimination under the Equality act.

     

    Don't bother replying i'm done with it i'll ask for help elsewhere

  13. I understand anyone could use it and honestly I don't have a problem with anyone disabled using it that's what it's for after all and it's a very rural location with no benefit to anyone else parking here so I think most residents would behave if it was painted up. There is LOADS of room for one (or more)! Surely under the Equality act surely doing nothing is unacceptable?

     

    I haven't written to them again recently I was giving them time to do what they promised and unfortunately my very limited energy has had to go elsewhere like supporting my mother when my dad died recently and my hospital appointments and just generally being really ill and on top of that we've not had any heating since February so had all that to deal with.

  14. Hi need some advice on this please. I'll try to keep this brief basically we don't have allocated parking, you can't park close to the house as there's no road up to it so I need to park as closely as possible.

     

     

    I have asked the housing association many times for disabled parking and they've delayed and now their latest excuse is they need to survey the other tenants, why they need to ask other tenants when i'm the one asking for what I think is a reasonable adjustment?

     

     

    I'm not in a wheelchair but I do receive both elements of PIP and I do have a mobility scooter, some days the difference between parking as close to the house as possible and in the normal car park is whether I can leave the house or not (or possibly be able to get in the house when I get home).

     

     

     

    The HA have been fobbing me off since December and they claimed they would ask other tenants in January and they still haven't done so.

     

     

    Am I being unreasonable? I'm not asking for allocated parking just a yellow disabled parking bay. I have complained and written to them etc but nothing ever seems to happen, any advice gratefully received.

  15. Just looking at that looks like you need to be referred there first. Think i'll try our MP he's helped before on other things maybe if he's involved they'll at least send the information so we can at least defend it. Stupid that after social services and the police closed the book with nothing needing doing they still think this is appropriate. Everything has gone wrong in the last year my dad had a horrible death from cancer, car's broken down several times, repaired and now broken again so we're stuff during the holidays, kids need shoes can't even get there to get feet measured, fridge freezer is doing an impression of a cooker and now this i'm just well wits end doesn't even come close. Thank you for the suggestion didn't even know that existed.

     

    Referral Agencies

     

    We cannot accept applications from individuals unless they are are referred to us by an advice agency or a lawyer (solicitor or barrister).

    An example of an advice agency is a:

  16. That's why I posted in the legal forum, unfortunately legal is not an option as there's no legal aid for such things now and our income is basically next to nothing owing to ill health and disability. I have already read the DBS link thank you for posting it but thats why I was after some advice because you can't talk to DBS, you can't defend yourself.

     

    I have written to them again and made a complaint to the ICO for an incomplete SAR, not processing data accurately etc but other than writing another complaint to them I don't know what else to do.

     

    Even if there was legal aid available the nearest practice that does it is over 30 miles each way and because of the situation and it not being "criminal" there won't be any financial help available, same with the citizens advice they say they can't help. Just looks like they get away with lies and I get banned from volunteering everywhere I do at present and the scare story the DBS letter puts on you it could be even worse than that

  17. I'll try to keep this short but it's rather convoluted and I need to not mention organisations or it could all identify everyone involved so please be patient.

     

    My child went to a popular social group for children and I was a volunteer there too. I am guessing to an extent what is going on as they won't tell me which is part of the problem.

     

    There was an incident involving my child and another of inappropriate touching it was investigated by police and social services who concluded it was a game (tag/it) and it was an accident and blown out of all proportion by the other child.

     

    The upset child came to me to complain and I told them to tell a different volunteer as it involved my child too and I could not deal with it as if anyone looked later it could look like I was biased. I believe later she did tell another adult.

     

    Some time later I hear my child is suspended for the incident and that I am too but only because I am the parent, ok I think. I then hear an allegation has been made against me, despite a DPA SAR which they returned they have not informed me of what I am accused of. They asked me to defend myself but obviously I cannot because I don't know what I am accused of, I did write back explaining all this and asking again.

     

    It obviously cannot be serious as the police and social services are NOT involved but still.

     

    I have written to them over and over, they claim they have sent the info but I have never received it (I have received every other letter they've sent) they then claim they sent it via email, unsecured and unencrypted but I never got that so I believe they have breached the data protection act as well.

     

    This week I get a letter from the DBS people saying they are considering adding me to the banned list so I wouldn't be allowed to do any of the church stuff I do, school stuff and Lord knows what else. On top of this the other parent present, their child did sexually assault my child which was witnessed by many other children and I have it in writing that the people at the top have called me a liar and refused to pass the attack on my child on to the police and social services (I told them myself but very little has happened).

     

    It seems there is 1 rule for me and mine and another for others. I really don't know where to go and what to do next so any and all advice would be welcome. I will answer any questions where possible but I am really trying to make sure I don't identify anyone especially as it's ongoing and there are children involved. I will just confirm there is no police or social services involvement against me or my child, we had social services round who gave me and my child a clean report and said the whole thing was completely silly so I have that in writing. The original child who complained to me is practically related to the other adult present and I believe that is where this came from but I don't know and I also believe that it has been pushed through this way because the other volunteer was having an affair with higher up decision maker at the organisation (they have since admitted to be in a relationship which I suspected at the time but now confirmed and this person I was reporting my concerns to about the other volunteer and obviously just told them what was going on)

     

    It's just this data protection stuff, the DBS who you can't write to unless they have broken the law they won't consider any submissions so I am desperate to get this sorted before this happens. Please help!

  18. Not true

    you wouldn't have a deposit using a personal loan which this isnt.

     

    It's one of their Elect products it looks like PCP to me and fits with the balloon payment

    which again with other methods you wouldn't have the Huge balloon payment at the end.

     

    They've got back to us today,

    they've agreed to stop being silly & come collect the car

    and they're saying there's an excess to pay of around £4000

    which they've tried to imply my relative owes

     

    but of course it's a bill to the estate and what with loans, credit cards etc it'll get added to the pile

    and there's only about £1000 cash and no assets

    (other than car & that's now going) so they'll get a % along with everyone else.

     

    Fingers crossed all goes to plan

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