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Perrino

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  1. Self contained or not if the property is listed under the same address and is not divided into two property's I.e 123a and 123b green street then it doesn't matter if you share a kitchen or entrance etc. If I was to convert my self contained garage into a flat with it's own kitchen etc the resident would still live at my address and would therefore be a lodger. In the case of council "bed sits" the property's would for example be divided into ABCD etc and therefore are classed as different Property's and the residents not classed as flat sharers even though they do share some facilities, same going for student halls.
  2. I have just spoken with a member of the ICO who has stated that it is a breach of the data protection act, anyone have any ideas how I should proceed?
  3. what tenancy was signed when the "tenant" was given the keys to the property. In a sitaution with a live in lodger then it will be a lodgers tenancy which are very very weak. I understand what you mean about the property being self contained however if your mates property is 123 Green street and thats also the tenants address then thats what counts, providing that the tenants address isnt 123A Green street then its a lodger situation, however if no tenancy has been signed then be very very careful as it could get very messy if it went to court. If the tenants is on DSS or HLA then claim for direct payments. Any future tenants should be given lodgers agreements and thats its. Source: Im a Housing Officer for Local govenment.
  4. Good Evening all, Am hoping that someone here will be able to give me... Over the past few weeks I have been working towards removing a default notice served by one of the high street banks in relation to an unsecured loan that I had previously fallen behind with. The loan is now entirely repaid so I made a call to the bank in question... Whilst speaking to a member of the collections team I requested two things: 1. A true copy of the alleged agreement. As is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). 2. A signed true and certified copy of the original default notice. I asked for this information as I have 100% not been sent a default to my current address The collections gent I spoke to was very quick to correct me and state that Default notices served by this bank are never signed and he would be unable to prove that the default notice was served to my address other then stating that this bank "Has faith in the Royal mail". I ended the conversation stating that I myself am a legal officer (True) and serve legal notices on a daily basis and am required to provide witness statements of personal delivery for each and every notice I serve. (The notices I serve are not related to loans or credit or anything of this nature but I thought I would blag it a little) And failure to provide what I have requested will leave me demanding that the default be removed from my credit file. The collections officer stated that they will send what they can. I then stated that I wish to have no further telephone comunication regarding this matter and that any further communication must be in writing. The very next day I receive a phone call from the bank (Different officer this time though) stating that they have discovered that my address had never been changed on there system as requested several times almost 1 year prior to the default being served. Meaning that the default has been served to my previous address to which I no longer reside. The officer then stated that the default will be removed, any interest changed following the default has been credited back and they will be sending me a cheque for £100.00. Thinking "Lovely" I await their letter... Dear xxxx Further to our telephone conversation today I am very sorry to hear what has happened to your loan account and please accept my apologies for any problems we have caused you. When we spoke I confirmed that I have now arranged to remove all derogatory information from your credit file relating to the default of your loan account and also refunded fees and penalty interest charges. Crediting your account with xxx leaving your current balance as zero. In recognition of our failure to keep our records up to date when you told us of your address move and that this caused us to send a default notice to an incorrect address, I have now enclosed a cheque for £100 towards your time and inconvenience that we caused. Regards, xxxxxxxxxxxxx ----------------------------------------------------------------------------------------------------------------- It seems to me that not only has this bank breached financial regulations as well as the consumer credit act it has also admitted to breaching the data protection act of 1998 (Section 13) I do not plan to deposit this cheque as I feel doing so would validate their under handed attempt to silence me. Does anyone have any ideas of how to move forward with this.... Advice and suggestions greatly welcomed (Even if I am just barking up the wrong tree) Thanks in advance guys.
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