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About Billyhunt

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  1. Hi JP08 Glad to see you are getting some excellent expert advice from surfaceagentx20. Your situation certainly calls for it. Very complicated paperwork to sift through. I am around for the next couple of days, so will keep an eye on your thread and chip in if I can. Good luck.
  2. Hi JP08, Once the 40 days are up, you should send them a brief reminder by recored delivery and keep a copy of the letter. Point out that they have failed to provide the information you requested. Tell them they have 7 days to comply. If they still fail you can then report them to the commisoners office or even possibly take court action against them but I wouldnt worry to much about that at the moment. Let the 40 days go by and send them the reminder. Do send it though as it is important (just a simple note). Then, even if they try to hide behind the bank holiday they can't ignore the reminder and they will be out of time. Once that happens report them. Just post on here and either myself or someone else will help advise you further regarding your options once they are out of time after the reminder or help you if they actually reply. Just wait for the DCA to contact you. Lets hear what they have to say. Just try to relax and again just post any info you receive on here and someone will always help advise you further. Post anytime, it's what the site is for and well done you are doing fine, Billy.
  3. Hi JP08 sorry for not replying sooner, I have been away from the computer for a few days. Regarding missing the payment on Friday, I have a feeling you may not be required to pay at all but we need to see what info the DCA comes up with along with the bank before making a final decision on what you can do next. The clock is ticking regarding the S.A.R - (Subject Access Request), the ball is in their court and you have done everything by the book, so just sit tight and let them either put up or shut up. Keep us posted. Thanks for your kind words and remember you are not alone there are plenty of people who will help and advise you. Again, I think you are in a stronger position than the DCA may wish you to believe you are. Best wishes, Billy
  4. Hi JP08, have a read through this. http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf Notice there are different rules for credit agencies etc so worth reading so you dont get confused. I know it's stressfull but you are doing really well, just sit tight, the 40 day clock is ticking now for the bank so just see what they come up with. Have you heard anymore from the DCA? Best wishes, Billy
  5. Hi JP08, Not sure if it is illegal but its probably unethical but there you go, we are talking about a debt collection agency. I have discussed the situation of a debt collection agency trying to take over and use someone elses charging order with a colleague who has far more knowledge in this area than I do. Bearing in mind he deals with banks, debt collecting agencies etc he has never heard of a bank selling or passing a debt on to a debt collection agency if they have a valid charging order in place. Why would they, they have their debt secured. If it is correct and the bank have passed the debt on to the debt collection agency in your case, then the charging order is worthless to them. They will have to apply to court to get another and as I mentioned, you will be made aware of this so that you can put in a defence against it. So ignore their threats that they are going to use it. I suspect that for whatever reason the charging order may not be enforcable anymore and the bank have cut their losses and sold the debt. That means that your debt is now unsecured and you are in a stronger position. Sit tight wait for the information from the bank regarding the S.A.R - (Subject Access Request) as this may show that the charging order is no longer valid. Tell the debt collection agency that you have contacted the bank and until you have received a reply from them you will not discuss the situation further. Good luck and keep us posted. Billy
  6. Fair enough Connif, but sold 'as seen' may enable the seller to go some way in proving the buyer was made aware that the car was not roadworthy but I accept this may not have been a good example. I also appreciate that in this case the car was not unroadworthy but my point was that it if a seller knew a car was unroadworthy and sold it without making the buyer aware then this is unlawful and this was in answer to raydetinu's previous point that 'it does not need to be roadworthy unless they have said that it is'. They being the seller. This is incorrect, the seller does not have to state the car is roadworthy, they have to state if it is not. If they sell it in good faith and it proves to be unroadworthy then this may be different but if they sell it knowing it is unroadworthy and do not make the buyer aware this is a criminal offence. I agree that there is very little regulation over a private sale, I have said as much, though the sale of goods act does apply but is difficult to interprete when it comes to second hand cars. It is an offence to knowingly sell an unroadworthy vehicle even if you are a private seller though and not inform the buyer and that was the point I was trying to clarify. Billy
  7. I can see what you are saying regarding a car and its roadworthyness raydetinu but I dont agree that the onus is on the buyer to ask if the car is roadworthy or not and then try to prove the seller had lied. The onus would be on the seller to prove he had sold the car as seen or made the buyer aware that the car had serious safety defects or was unroadworthy. If the seller has described it 'as seen' or something of that nature and had proof of this, then that would be different but if they advertise a car for sale and sell it with an mot etc in the normal manner and anyone buying it would expect to be able to drive the car safely when purchasing it, then it is an offence to knowingly sell an unroadworthy vehicle. This is according to the citizens advice bureau, trading standards and The Department for Business, Enterprise & Regulatory Reform, who supplied the info below. Where a vehicle is sold with serious defects which might give cause for concern over its safety, the seller may have committed a criminal offence under section 75 of the Road Traffic Act 1988. The Act states that no person shall sell, offer for sale or supply, or expose for sale, a vehicle deemed to be unroadworthy, unless the seller can prove that he had reasonable cause to believe that the vehicle would not be used on the road until it had been made roadworthy. “Supply” in this context may also be taken to mean return after servicing or repair. Though it would ultimately be for the courts to decide on the interpretation of the Act in any given set of circumstances. Furthermore, the Road Traffic Act 1991 requires dealers to make safety checks on their vehicles by requiring them to identify any unroadworthy vehicle they are offering for sale. The Road Traffic Acts are enforced by local authority trading standards departments. A private seller would also be covered by the sale of goods act but the grey area is to what degree as it is hard to gauge reasonable condition and fit for purpose etc when dealing with a second hand car. Thats when age and cost come into play. Billy
  8. Sorry to hear this Ltin, you must be livid. Buying privately does make it extremely difficult if things go wrong. How old is the car and how much did you pay for it? Under the Sale of Goods Act 1979 (as amended), a secondhand vehicle, like any other goods sold, must match its description, be fit for its purpose and be of satisfactory quality. However, the standards for meeting the requirement that the vehicle is of satisfactory quality will be lower because it is secondhand. A secondhand vehicle should be in reasonable condition and work properly. It is a criminal offence to sel a vehicle that is unroadworthy. In deciding whether a secondhand vehicle is in reasonable condition consider the following:- the age and make of the vehicle the past history of the vehicle the price paid. Also, are you sure it was a private seller, many times dealers pose as private sellers. Did he/she have other cars for sale? If you can prove they are a dealer this may strengthen your position. If the car is unroadworthy, you can report them to the police and you can report them to trading standards. Have a look at this, http://www.adviceguide.org.uk/c_secondhand_cars.pdf and Consumer Direct who also have an advice line. As a last resort, it may mean taking them to court via the small claims. Hope this helps Billy
  9. Hi 121o121, It is never straightforward when a relationship breaksdown and as you are probably aware it is difficult to settle issues such as this. It really is down to negotiation. A court though can adjust legal ownership or beneficial interest in a property, and make orders about who meets any mortgage payments, but it cannot transfer liability for a mortgage. If the ownership of a property bought through a joint mortgage is transferred to one partner, both partners will remain jointly and severally liable for the mortgage unless the mortgage lender agrees to change the liability. So even if the mortgage was changed by the court only the lender can agree liability. I would advise her to discuss the situation with her lender if she is sure the relationship is over. She may be able to sign the property over to her partner but needs to ensure the lender also signs over liability or else they may come after her if there is a shortfall. Failing this, could she take the house on herself and maybe pay the mortgage on her own. A sweetner may be if she tells her ex that if he moves out and lets her move in then she will have a contract drawn up that gives him a beneficial interest up to the date he moved out for example, get a valuation now, then split any equity value and either pay him off or pay him this fixed sum when she leaves. As you can see it relies heavily on negotiation. Get her to speak to her lender and her ex. Good luck Billy
  10. Peepo, follow the call up with a brief letter if they refuse again. Just explain that further to the telphone calls with ***** I would like to offer payment again via my jobseekers allowance as you are able to take this directly from benefit. I have enclosed a cheque/postal order for £3.00 which is roughly the equivalent amount and will continue to pay this directly to you every week until you have organised payment direct from my jobseekers allowance. Thank you Then leave it with them. You are paying, they can get it direct if they want and there is nothing more that you can do if a judge were to look at the sitation. Just remember to pay regularly. Good luck Billy
  11. Hi C Allen, I know it must be distressing to hear all that is going on while you are absent from work but my advice would be to concentrate on the disciplinary, don't get side tracked by gossip, just stay focused or else you will get stressed even more. Just ignore all the other rubbish, let your employer write to you and deal with that. If you get reinstated and get the terms you want then slap in a grievence regarding the conduct of your SS and any one else. You can also complain to your union if you wish but might be best to do this once you have concluded the disciplinary procedure. I would though contact them and ask for someone else to represent you or be available to discuss your options with as you have no confidence in your current Shop Steward. Good luck and stay focused, Billy.
  12. Hi JPO8 Thanks for writing that lot out. I think you need to see a copy of the original and that it is only fair for the bank to provide this. I would send a S.A.R - (Subject Access Request) to the bank and make it clear that you want all the information THEY hold, confirmation that they have no further interest in the debt and that they have no interest in the charge. We need to see exactly what was agreed on the original charge if they still have an interest. For example a payment plan and if the charge includes grounds to try to force a sale if the payments are not paid. If the charge is not tied into payments or has no other conditions and has been made to just sit there until you sell then I cannot see how a debt agency can do much. The bank may have got fed up waiting for you to sell and have instead sold the debt on. We dont know this but it might be the case. If so then I would have thought the charge is null and void as the bank are no longer owed any money, it is owed to the debt agency (this needs to be checked though). If the bank dont have the debt anymore and the debt agency is not named on the original charge surely the debt agency would have to go for a new one. Now, if they only paid the bank a small proportion of the debt value, wouldnt a new charge only be for this smaller value? So many questions that need to be answered before you part with a penny. (1) Surely they aren't able to force a sale as things stand, as they are not named on the charge, the bank are. So what can they do at the moment! (b) Wouldn't they have to go for a new charge and if so, you would be able to put your side before it was granted and this might be to your advantage as you could show whats gone on since the original was set up. (3) For them to go for a new charge, surely this one would have to be cancelled first. (4) I have a feeling you are in a stronger position than they want you to believe. As far as I can see, the best they can hope for is getting a new charge in place and as mentioned you can defend against this and thats if it is possible for them to get it in the first place. (5) What if the bank have sold the debt and because of this, the charge is no longer enforcable. You may be able to apply to have it removed. I am unable to advise with complete confidence on this as it is out of my area but I will find out as much as I can when I am back in the office tomorrow. Maybe someone with more knowledge in this area will be in touch before this. At the moment, I still feel getting as much info from the bank is important. We need to know what the deal is with them passing the debt on to the collector, have they sold it? If so has their interest in the charge finished? See what information you can get from the bank via the S.A.R - (Subject Access Request) and dont agree to pay anything to the debt collectors yet until you know where you stand with the current charge. They might be bluffing and trying to force money out of you when they cannot enforce the charge anyway. Good luck, I will keep an eye on this and will get some info for you if I can. Billy.
  13. Hi Lisel, glad you feel a bit better. Just one other thing, don't wish to bang on about housing allowance but would hate for you to get stitched up. I understand that for property of your size you would be better off than under housing benefit rules but just checking when you looked at the local banding you looked at the rules for your particular situation. For example, being single, a 1 bed prop etc. If you have and you are definately better of then it might be worth making a claim. However might be worth checking with welfare officer or CAB first just to double check giving up housing benefit doesn't have a sting in the tail. Good luck Thurs. Billy
  14. Hi Lisel, The local authority do have random visits and it's nothing personal. They normally just have a quick chat and check nothing has changed regarding your situation. Regarding the change to housing allowance, are you sure you would be better of under the new benefit? Have you looked at your local authorities bands for your particular property and your particular needs? Be careful thats all as local authorities vary considerably. You may indeed be better off as you say but many aren't. Are you renting privately because if its through a housing association housing allowance doesn't apply and housing benefit continues. Hope this helps Billy
  15. Hi Zaffie, After the meeting you should be provided with written details of the care your mother needs and what the local authority are going to provide. It should be explained to you that you can appeal this should you disagree and this appeal is done BEFORE your mum is discharged. You or your mum can contact your local authority directly but as Kenny says sheltered housing is in short supply but you never know, something might be available. Regarding care homes, local authorities do fund people to live in homes near family and out of borough but I am not sure regarding sheltered housing. With a care home, your mums local authority will have a maximum figure they would pay for a place locally and they would provide that for your mum in your area so if the cost was higher, you would need to fund the difference. Again not sure about sheltered housing though. Just explain at the meeting and put forward your concerns. Good luck Billy
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