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Everything posted by Billyhunt

  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
  16. Hi Jazzhands, If you notified the driver straight away what you are saying is you are not accepting the goods, you have cancelled the contract. The stumbling block might be signing to say there was no damage. Give Consumer Direct a call on 0845 040506 they are really helpful. If you find fault with a product withing six months then it is taken that the fault was there when purchased. After six months its for you to prove the fault was there. So at the very least, you should get a replacement or repair under these rules if you dont manage to reject them outright. Have you got the machine on finance, if so they may be jointly responsible and you might be able to take action against them. Likewise if you purchased the machine using a credit card, then the credit card company are joinlty responsible. Remember a company can add to your statutory rights for example, providing a returns policy but they cannot take away your statutory rights. See if Sainsburys belong to a trade association as they sometimes have an alternative dispute resolution or a code of conduct. If all else fails you do have the right to take them to court. Check your home insurance policy as it may cover you for loss or damage or provide you with legal cover if you consider court action. Hope this helps, John
  17. sweetnsexyenglish, have you contacted the local authority regarding a 'discretionary housing payment'. Different authorities have different forms and ways of applying but as you have an underlying eligability for HB then give it a shot if you already haven't. You dont have to pay it back and you could argue that because of the delay in receiving HB its causing you extreme hardship. Just phone them up and ask, they will know what you are on about. Also remember, HB is awarded if you are on low income, it is not linked to other benefits, so you dont have to be on income support for example. Also appologies as I haven't read all of your post if this has been dealt with but the notice of possession, have they used grounds for this, for example ground 8 rent arrears or is it under the accelerated possession, section 21 if you are an assured shorthold. Billy.
  18. Hi JP08, I think it would be really helpful if you can get as much information regarding the original charging order. I have dealt with individuals who have had charging orders in place that just simply sit there until they sell with no payments made by them in the meantime, although interest is still charged. There are others where the charging order is in place to ensure you pay the agreed amount per month. Others have interest frozen or agreements such as no forced sale will be pursued until the youngest child is 18 etc so they can be quite different. If we can work out exactly what you signed up to, you will then know what you are dealing with. If the bank still had a valid charging order, it seems really strange that they have decided to pass it on or sell it to a debt recovery agency. Why not just sit tight and let the interest increase until you sell your house or try to force you to sell (which would be extremely unlikely as this is very rarely granted by courts especially as you are a single parent). If you can get as much info together about the original charging order, I wonder if it might be possible to go for a variation order? Maybe include info about your ex not being found this time etc, you may be able to alter the payments or get the amount owed reduced as things have changed significantly since the original one was set up. See what you can find out. As you have aknowledged the debt and made payments up till recently, it would not hurt to contact the bank and send them a S.A.R - (Subject Access Request). You would then see the agreement, the amount you have paid off and possibly find out if the current charging order is still valid. I haven't been able to find out the rules for passing on a charging order but I can find out when I am in the office in the next day or so if no one else comes up with any answers. Good luck, Billy.
  19. hI jp08, It does seem complicated and I can appreciate how frustrated you must feel. Does your ex have any beneficial interest in the home. Is it in your name only now? Is there any equity in it? The original agreement you made to consolidate the debts into one and put a charge on the house, was that in both your names or just yours? You say you took your ex to court, is he still liable for any of the debt? More importantly, when the first charge was put on your home, if it was a voluntary one, agreed by you and the bank, what were the terms, can you remember? do you have any paperwork? It may have stipulated that the bank could not act on the charge to force you to sell, the house could only be sold when you decided to, or it may have had a time limit attached to it, for example no action to be taken for 10 years. It may also have frozen interest. It might be worth looking at this first and trying to deal with this to see where you stand before tackling the debt agency. I will try to find out some more info regarding charging orders being transfered but hopefully someone more knowledgeable will be along to clarify this. Chin up, this can be sorted Billy
  20. Peepo, if you are out of work and claiming benefit, for example jobseekers, then contact the council again and inform them of this and tell them you want them to take payment for the arrears directly from you benefit. This is approx £3.00 per week. The bailiff is trying to scare you with the letter they have left. They could take goods if they had been into your home to list them and you had signed an agreement but this is not the case and therefore the letter is worthless. Make sure your car is not available for them to clamp though if you have one. Remember they can only charge you for two visits and that is it, just dont let them in and dont sign anything. If on benefits and the council wont agree to taking payment from your benefit, pay them the equivelant so this proves you are not avoiding paying. Good luck Billy
  21. As Shywazz has rightly said, its important that your dad has not contributed to the household bills. You say he does not have anywhere else to live at the moment but can he provide an address where he sleeps? Evan better if he can show some form of proof that he pays bills elsewhere. Is he registered for benefit, jobseekers for example? If so what address has he provided. If he is receiving benefit payments and is listed at another address, this may help. It should not be a problem for him coming over to look after your brother and your mum is free to have anyone she wants into her home. Has her benefit been suspended since the interview? If not, then just sit tight and see if anything comes from the investigation as they may well be sastisfied that he is not living there. In lots of cases, they suspend benefit payments while they investigate so if they haven't so far, it might suggest that they have very little evidence except an accusing neighbour. Good luck Billy
  22. Hi C Allen, Just adding my thoughts, As mentioned before , if your employer has not used the disciplinary procedure properly then a tribunal can award a minimum of 4 weeks pay as compensation if you claim for unfair dismissal. Normally you need to have worked for your employer for a year to make a claim unless you have been dismissed for something deemed as automatically unfair. You mentioned raising health and safety concerns which may count if this is linked. Have you worked for your employer for over a year? Apologies if you have mentioned this before. If you haven’t you may still be able to claim wrongful dismissal or unfair dismissal if automatic reason. For tribunal action to be successful, it is important to follow the disciplinary procedure fully so do as you are doing, appeal the decision attend all meetings and then apply to the employment tribunal once this has run its course. Remember there are time limits for doing so, so keep this in mind. As you have done in your letter make sure your employer knows what action you want taken to resolve the matter, for example reinstating your employment. Work through the procedure and then apply to the tribunal service. Once you have applied, ACAS will contact you and the employer automatically to try arbitration before the tribunal takes place and often this can be successful. If you employer has acted wrongly and it seems as this is the case, they will be made aware very quickly and may decide to negotiate with you through ACAS before the tribunal date, so stick to your guns. Good luck Billy.
  23. Hi the skier, How old is your mother inlaw? Is she in good health herself? You say her daughter works, do you know how many hours a week? Was your father lnlaw receiving Disability Living allowance or Attendance Allowance before he passed away? If your mother inlaw is a pensioner, does she just get a state pension or does she get an occupational one? Sorry for all the questions but if you provide some more info, I might be able to give you more of an idea of what she may be entitled to claim. regards, Billy.
  24. Hi Tawnyowl, Council tax is awarded if you are on low income so it would be worth going to your local Citizens Advice Bureau and asking for a benefit check to make sure you are claiming all you are entitled to. They can also do a what if calculation and see where you would be if you werent working etc. They can also give you debt advice or help you plan your finances to cover your outgoings. Regarding the water rates, some companies offer discretionary payments for hardship but this might depend on being in reciept of certain benefits. Worth contacting them to see or again speak to CAB regarding this. Good luck.
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