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  1. Hi, My landlord is wanting to send estate agents round to value the property because he wants to put it on the market. He has not yet served me with a Section 21 notice so I have no idea when he is expecting me to vacate but I would have thought a valuation would be more realistic once the house is empty and after he can do some redecorating, etc to get it ready for selling. At the moment, we have been too stressed over searching for a new home and we have been having a mad declutter and we have half packed boxes everywhere and the housework has become less of a priority, so all in all, the house no longer looks homely and I certainly wouldn't want any estate agents taking photos to use for selling purposes. Does my landlord have a right to getting a valuation, especially before he has issued a Section 21? I feel so uncomfortable about it and I really don't want anyone coming round while I still live here I have been looking through other tenants posts and came across this comment from one of CAGs members:- "Are you aware of this >> For example, a Section 21 notice cannot be served if there is no EPC or Landlord gas safety certificate in place for the property. Any non-compliance with this requirement will render the section 21 notice ineffective." Now my landlord has never done annual gas checks and the last one (for which I have a copy of the certificate) was about 2 years ago. Does the above CAG members comment mean that when I receive the Section 21 Notice it will not be legally enforceable? If so, what should I do and how do I respond to my landlord when I get the notice?
  2. https://www.gov.uk/budgeting-help-benefits/how-to-claim Swift process took less than a minute to complete be aware it is still beta testing You’ll get a decision by post within 15 working days.
  3. Are PCNs subject to the 6 years (england) statute barred law anyone know?
  4. We learned yesterday that our entire catering team are to be made redundant as the contract we are working under has been terminated. But we also know that the new building owner has every intention of providing catering when they take over in a few months! This cannot be fair and surely that is what the TUPE regulations are designed for - does anyone have any advice?
  5. Hi, I'm in am unusual position, I think. Back in 2003 I had a cracking salary and mega limits on my credit cards (46k) I was made redundant after I became mentally unwell and so went back to uni. I *asked* the credit card companies to reduce my limits (not wanting to get rid of my cards altogether) but they refused. Point blank refused. Later that year I became ill again and was diagnosed with bipolar. I managed to spend £21,000 in 3 months, with very little to show for it (or take back!) The banks refused to help. I paid back just under 1/2. I now have a limited income and only really my benefits to live on. I stopped paying when CCCS went under. I was given a CCJ in absentia. On one of the debts. Another, who CCCS weren't actually paying off, are continually chasing me. They seem to have now passed it on to Restons solicitors. I know they *can* apply for a CCJ. But if I don't contact them, will the debt be statute barred after 6 years, which is 6/2018. What is the best thing to do? I'm usually an upstanding citizen. But - I can't afford to pay anything, I didn't run up the debt other than as part of my illness, and the banks refused to lower my limits! I think after 14 years I need a life I can live and keep well - depression being a major problem. I just live within my means. I had paid a huge amount off all the debts, before I joined CCCS. They've had their pound of flesh, so to speak. Can I now hold on for the remaining 14 months for statute barring, given a solicitor is involved??? Or has anyone else any helpful advice? I just long to be the responsible person I am without this cloud hanging over me. Thanks.
  6. Dear Forum, I am a building services consulting engineer by profession and have also started up 2 small businesses, one of which is Nationwide Recovery Ltd. I unwittingly employed a person who had some serious past and pending convictions, he initially befriended me by selling me a vehicle. Unfortunately, I purchased a recovery vehicle to start the business amongst other vehicles to sell and trade with. I have a motor traders insurance policy.I am due to attend Magistrates Court on April 4th to claim ownership of 2 vehicles. The person concerned disowned his claim to 2 more vehicles purchased by me and I recently attended Police Station (3rd March 2017) to collect keys and registration documents and subsequently collected my vehicles from a car dealership where Police had placed them in safe keeping. Mr XXXXXXXXX the former employee has been working with a Mr xxxxxxxxxx he owns Auto Salvage is in possession of my Recovery Truck, a Range Rover TDV6, 2 no Land Rover Discovery vehicles and my boat, a 30ft displacement hull on a road trailer (combined weight 4.5 tonnes). Mr xxxxxxxxx, I have never met this man, . . Mr xxxxxx is refusing to give me back my property. He took my boat for minor repairs before releasing it back to me. He has supposedly carried out repairs to other vehicles in his charge and has failed to send me an invoice for repairs and vehicle/boat storage. I have it on record that Mr xxxxxxx has requested £10,000.00 in connection with repairs and storage costs ahead of me being able to view my property. I believe this is extortion. I am seeking advice on how I can recover my property (combined value £40,000.00). Mr xxxxxx has threatened me with violence and I have informed MET Police and Police accordingly. The emotional stress of losing assets and money to both of these persons (circa £90,000.00) has left me in a very dark emotional place and unfit to work...and in considerable debt. I would like to request advice on serving an "Order to Deliver Up" on Mr xxxxxxx, bearing in mind I am currently on £73.00 Employers Support Allowance due to the nature of my illness. I would be grateful for any advice in proceeding with recovering my property, legally and inexpensively. Kind regards Max Roach
  7. Good morning all! Basically after a bit of advice. The company that i work in has been taken over and we all got TUPE'd over and after reorganisation of the company I am going to be made redundant in the near future. Being disabled I am only fit enough to work about 22 hours a week and I get enhanced rate in both the Mobility and Care components of PIP (as well as Disabled tax credit which will end soon after I am made redundant). I presumed after being made redundant I would be able to go on JSA whilst I found another part time job. But then I discovered that like most areas single claimants are now being told to claim for Universal Credit. However having looked into UC (and testing the waters by applyiing online) I see I can not apply for it because I am on PIP. So what benefit am I meant to apply for?
  8. This is more for my own information as we may be in a simliar position soon but I was pass any useful infirmation on. The company I used to work for are currently looking to make staff cuts. They have put all staff under threat of redundancy. A Number of positions are being cut with the remaining ones having changes made to their title, terms etc. and staff invited to apply for these positions. One individual requested and applied for voluntary redundancy or early retirement. This was refused. He has then decided not apply for any of the postions. The company in response to this have told him that he HAS to apply for his position. This is a specialised trade. I believe that he has even been offered a contract and told that if he has any questions to speak to a solictor. Surely this cannot be right. If the position is not under threat he should never have been put at risk. It is the general consensus that this is just an excuse to rape their wages with many beig offered their old positions with a 10% pay cut, all be it with a slightly modified job title. What is the position of having to apply for your / a position in these circumstances, are their nay applicable laws rules etc ? What is or could be the consequence of failing to apply, could this, as they have suggested, be taken as a resignation ? As my current employer may be looking to make some staff cuts in the future too, I am quite interested in the reponses.
  9. Could someone help me understand what "Moved within area" means. I recently applied for housing benefit and got a letter from them saying that claim has been cancelled and "Moved within area - Please reply."? Any help please?
  10. Hi all, Been a while and I find myself on here hoping to get some advice I bought a nearly new Audi from a main dealership last month (15th) on finance (VWFS) I literally drove it from the dealership to the house and that was it until the next day where it "seemed" fine. The day after, I found myself having to email/book in the car for a number of rattles/squeaks - one of which was fairly obvious, another not so but loud enough to record it on the phone. It got seen to the following week and came back with the main noise fixed - the other could not be replicated. Soon as I left, the other one came back along with a few more such as suspension noise/squelch on their ramps etc. Turned back but it was shut so another email went over. I then called, no reply to both. I got busy but last week finally email again to find the service guy had left the company. I therefore sent an email to the sales guy + his manager outlining some 10 issues with the car - mainly rattles/squeaks This got sent to the service manager who in fairness has been very polite and has booked it in for this week. In the mean time, I have been just looking at the what if scenario - ie: if it comes back with similar/same/more faults. So what I proposed is to return the car, and I purchase another from their group that is around 4k more. Hopefully get some dealer contribution in, and I top it up with more deposit money to keep payments the same. This was rejected and was told that they could only buy the car back which would be around 8k less than the one I proposed to buy. So I guess my question is: 1. Do I let them fix and cross my fingers 2. Is there any way to use the Consumer Rights Act 2015 despite it now being past the 30 days (but initial issues reported within the 30 days) While most faults are not detrimental, I just feel the car might have been potentially abused in their possession as a ex-demo car and while I have 3 years warranty ... this could end up being in the dealership more than with me. Appreciate your thoughts
  11. Someone who signs on daily like me when he was in on Friday he was given a date to sign back on again after the holidays and he said to me the adviser who signed him on said the office for the computers use is open to Wednesday if u would like to use them he said no he can jobsearch at home she said something back but he can remember what but was he wondering will anything happen if he doesn't go in to use the computers? Or nothing can happen due to not been given a letter or a mandatory letter to come in to the office? He would like some info because he doesn't want to be worried about having money stopped.
  12. After an accident I had in 89 i was left with real bad problems with head and legs, i was able to get on and do some work but have had many operations since then. in 2006 i managed to get a job with local council but then got transferred under TUPE. my Legs hips and depression started to get worse and in July last year i was made redundant. on 3rd July last year I put a claim in for ESA, since the claim started i have had some 50+ medical appointments, and last December I had an operation to repair a muscle on left hip, this operation has failed and i am unable to walk any distance and i have restricted mobility from waist down, i have to rely on my other half to help me et dressed, i cannot have a shower as i cant stand up in the bath and i need a hand in and out of the bath, i have at least 5 falls a day, this is where knees give way. on 20th October i had my ESA assessment and on Tuesday this week as i was waiting to go i for an MRI scan I had a phone call from DWP to make an appointment for an adviser to ring me to go over my ESA claim. this adviser rang yesterday and the first thing she asked was "has my condition changed since i saw the Dr for the assessment" of which i replied no as there where no changes. i am then told that My ESA would be stopped with immediate effect. i asked why and was told that i am fit enough for work, as i watch telly i can use a remote so i can use one hand, even though my right hand has problems, because i can take a pair of glasses off, i can use my hands of which means i have to work and sign on to JSA. whilst i was talking to this person i was getting distressed and and my other half ended up taking to her..i ended up in a right state and was hyperventilating i have numerous appointments coming up one of which will more than likely be another operation. my main problems are mobility, depression (according to dwp adviser i cant have depression as i am able to drive) memory and speech. any ideas of where or what i can do now. i will be making a formal complaint against the adviser and i will be getting a copy of all telephone calls many thanks Lets
  13. Hi have a similar issue i want to discuss but i can not seem to make a thread.
  14. Hi everyone, My wife have accounts with Barcalys which were opened in the early 90s. Apart from recent statements, she does not have any other paper works. There are definitely charges and possibly PPI but we need proof before making any complaint. We made a SAR request in Feb 2015 and a LBA went out three weeks ago (April) giving them 7 days but they have not bothered to respond at all yet both letters were signed for. I now want to get a court order for them to comply but I am not sure of how to go about. Which form do I use? How much will it cost? Any example/template of such an order? Any other thing I should know or add to the order? Any help is welcome. Thanks
  15. Hi all, I have a question for you... A few days ago, on the 31st Dec, I made a purchase with my smile debit card, for £10.00, the transaction was of course accepted and on my way I went. Then on the 2nd Jan Smile charged me the monthly fee of £13.00 for my smile more account, again which is fine. On the 3rd Dec, the £10.00 from the first transaction shows up, Smile informed me they had paid this despite me not having enough funds to pay for this transaction, and puts me £9.08 over my OD limit. I then paid in £35 at around midday on the 3rd Jan(The same day as the payment was listed as being taken) to bring my account back into limit with a little to spare. I have also transferred another £25 today so my account is now well within the limit. Smile are now saying that I am going to be charged £20.00 for the indiscretion, but i fail to see how they can do this, it is unfair in my view as the first transaction in my view was 'paid' at the point of purchase, I base this on the fact it was accepted at POS by the bank, and the last physical payment was actually to themselves for the subscription charge. I of course accept this may not be correct but that's how I feel about it just now. More importantly though, the account was back in limit the very same day before their close of business and therefore I fail to see how they can apply any charge as they have not actually lost anything, nor have they been caused any additional work that actually costs them £20.00. I see this charge as excessive and is more a penalty charge than a charge to recover any loss suffered by Smile. I believe this is rather unfair and would like CAG members to throw me some opinions and thoughts on what they think and how to go about dealing with this. Thanks in advance ... mrbrooks
  16. Hi Guys, wondering if anyone can help me/provide some advice. A couple of years ago my landlord (Housing association) applied for a possession order. At the time my rent arrears were around 2k. I agreed with the judge to pay back the arrears at the rate of around £15 per week. I have recently had a period of unemployment and as such fell behind with my agreement, and for the last 6 months or so have only worked sporadically, usually not applying for HB when I havent been working. As the arrears have risen to about 2300 I recently called my landlord to let them know I had secured an 18 month contract at a new employer - and was able to start making weekly payments of £30 per week on top of my rent to start clearing the arrears. I have stuck to this since the agreement though unfortunately one of the payments went missing (since turned up) & they have now sent me letters and are saying they are applying for an eviction warrant. Is there anything I can do, In an ideal world I would like to continue paying the £30 per week on top of my rent to reduce arrears - my current arrears are just under 2k and at a push I could probably get my hands on anything up to a grand to get them halved. Any advice would be much appreciated
  17. I have a Capital One account which has for some time been with Robinson Way, in November 2008 I sent Robinson Way a CCA request today I have received this. It looks very similar to other Capital One agreements I have seen posted I assume they are claiming that the two pages are front and back of the same document, however, I have some questions If the lines on the first document are folds and not evidence of a cut and paste why do the not show on the second page? The first page shows two barcodes top right and bottom left, they have completely different code numbers does this indicate a cut and paste? If I thought this was sufficient evidence to make a complaint of fraud I would love to do so, but before I make a fool of myself does anyone have any advice? Would it be normal for a single document to have two entirely different barcodes? In the unlikely event that they are front and back of the same document is this enforceable? Any advice would be much appreciated.
  18. Hello All, I live in a London council flat purchased a year ago (2014), there is a roof space size of a bed room that i want to insert a roof window. Also In 2009 I inserted a full size door to lead to the roof space.This wasn't discovered when purchase survey was carried out. Question is what do i need to do to get the permission? and also do i have to apply for a retrospective permission for the door or has this already passed a limit? Thanks in advance
  19. Hello everyone I would like to know if my boyfriend who is spanish can apply for the british passport. Last month he got a warning from the police because of domestic violence ( he fought with his neighbours...). All I want to know if that is gonna be a problem if he wants to apply for the british passport. Thank you so much.
  20. Theoldrouge…. Ever so slightly concerned you quote. If the lender or owner has been in regular contact with the customer during the limitation period, the firm may continue to attempt to recover the debt. Clearly they have contacted me on many occasions I just have never made any payment or formally acknowledged the debt?
  21. Almost on a daily basis I receive an enquiry on this subject from either a debtor, solicitor or a police officer. Hopefully this thread will assist. Under the new bailiff regulations an enforcement agent has a general right without a warrant to enter debtor’s premises to search for and take control of goods. The legislation is Paragraph 14.1 of schedule 12 of the Tribunal Courts and Enforcement Act 2007 In cases where a Controlled Goods Agreement has been previously signed, the bailiff may have re-entry rights into the premises under Paragraph 16.
  22. Today my wife received a package from Drydens with a copy of an application to remove a stay and proceed in court. It was stayed on the 28th Dec 2013 after they never came back to court following sending our defence. Brief outline wife got cancer credit card unhelpful when couldn't pay so didn't pay. Sygma bank wouldn't supply information asked for and issued default. drydens also wouldn't supply info but eventually supplied copy of agreement which we noticed although signed by my wife it was unsigned by the bank. I am defending the case under POA as my wife is still having treatment and is suffering from depression. We were defending on the agreement unsigned by the bank and not being supplied with evidence of the debt. Today I noticed the copy of the default notice drydens enclosed is different to the actual default notice we received. They are even dated 2 days apart. Also does a default notice have to tell you the outstanding balance?. I have attached both notices.
  23. I signed on at the job centre on Wednesday.When i was there my advisor gave me 3 jobs to apply for and said i had to apply for them before i sign on again in 2 weeks on the 5/11/14. She told me to make sure i apply for them along with proof i have as i could be sanctioned for not applying for them. Today iv gone in to Universal job match to find them and apply for them.Iv found and applied for 2 of them but i cant find the third even with the universal match job ID.It was definitely on there at some point because the advisor had printed it out to give to me. My question is surely i cant be sanctioned for this as i have attempted to apply for the job but it no longer exists?
  24. A few queries on this but for now: The claimant was in receipt of a 2012/13 Indefinite award and they have a carer Letter dated 25th June from DPW inviting the claimant of DLA to now apply for PiP and giving them 4 Weeks to make the claim. The letter states if they start the claim by 23rd July the DLA will continue until such time as the decision on the Pip Claim is made.? So/ Q1: Is this the actual claim inclusive of all the form filling or is for the initial 'calling them to apply for the form to make the claim? --- The claimant is physically disabled and had a mental disorder, they're under a consultant psychiatrist, have been for some time. On the PIP Assessment Guide Updated 27th May 2014 It is recognised in PIP that claimants who have a mental health or behavioural condition, learning difficulty, developmental disorder or memory problems may not comply fully with the claims process due to a lack of mental capacity or insight – for example, not understanding or caring about the consequences of not returning a claim form. In PIP, these claimants are stated as having “additional support needs”. Elements of the PIP claims process have been adapted to provide further support for this group. It is already apparent that the claimant when they were advised that a form has come through for them to fill out...they're not going to do it, they for one reason or another feel they're being persecuted/singled out and being spied on by the state...in other words they most certainly do have a behavioural condtion and now it's coming to the fore since the application dropped on their mate....Apart from the worry that is causing those associated with the claimant (immediate family) there is the added pressure on the carer to try and fill in the form on their behalf. So Normally if a claimant for the PiP does not fill the form in within the prescribed limit (see Q1 as to how long that may be) the payments they're already receiving (DLA ) will ordinarily cease pending pending a claim being made and being successful?....however, there is a provision for a person with a mental disorder to forego the original claim filling and instead the dwp will either request a face to face or carry on with a paper filled claim.. Q2/ The question is, if the claimant doesn't send in or reply to the original invite for them to make a claim....will they lose their money whilst the claim is being assessed ? Is the claimants carer expected to fill in and send? or will the claim continue to be paid whilst the dwp do their own checks/requests for additonal information Many claimants with mental, intellectual or cognitive impairments will have no problems returning the questionnaire. Others will have support from a family member, carer, Community Psychiatric Nurse or other person who will usually ensure that the questionnaire is returned. However, this will not always be the case and this process ensures that such claimants are not unfairly penalised because of the impact of their impairment. q3/ How does one find out if the claimant is seen by the DWP as requiring additional support needs?
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