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    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
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Capquest/ Hl sainsbury loan 1999


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Ok , I am writing a letter to send back to them reminding them that a S.A.R should show ALL the details they hold on me ,with any accounts - I am also giving reference numbers where I have.

Anyone any pointers to how I can word the offical bits?

Thank goodness I found this site!

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Try having a look through the templates section, you should find something there :)

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Oh and CapQuest are now in default for me, let's see if they manage to provide anything before the calendar month is up.

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Thanks - I have put a letter together outlineing what they should be doing and how as per my original request they have to comply fully . I have also said that once they produce the report they should not then come back and say 'oh we have another alleged debt of yours'.

 

Funny you say about that they are in default - another ten days and they will be in default on another cca I requested.

 

And with the original request here I have written saying that they never fully complied and am still awaiting infomation - lets see what happens.

Thank goodness I found this site!

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I've read on the forums how some people wait months before anything turns up with some DCAs, way beyond a simple default.

 

Good luck anyway, let us all know what happens :)

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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HELP!

Capquest are a joke - I have recieved a reply to my S.A.R from these people , I gave them account numbers I was aware of but also made it plain that they should release all info they have irespective of which accounts , I sent the templete from the libarary. I enclosed ten pounds..

They have replied saying they can comply per account , I have to enclose £10.00 and photocopy driving license and a document which links me to my address.

Have I done this right ????- shouldnt they comply with everything on there systems without indivdual account numbers - I have already sent a chq (not cashed - and from a friends account).

Surely they know who I am from the correspondence and letters they have sent me.

Whats going on , I thought this would be so straight forward.

Has any one got any suggestions? Where do I stand , cos if I send as they want , more info , they are only going to send the S.A.R for one account.

please anyone..I need to reply asap

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I'm not sure if you have to supply a fee per account, I did with them when I CCA'd them but that's only £1 a shot.

 

Also, I most definitely would NOT send them any ID. Explain that they have been perfectly happy to converse with you at the address they have been using for the last X amount of time, so there's no reason why they shouldn't carry on doing so.

 

Good luck :)

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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With S.A.R. there is a one off fee of £10.

 

I agree with ananya.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thank's -

spoken to the information commisoners this morning . What they have said is that Capquest should treat my request as complete info they have on me with all accounts and info on there systems . They also said that they can ask for extra i.d - but as I haven't got a driving license I will just have too send a utility bill. They also said the 40 days start when they have complete info too start and that if Capquest get silly to go back and they will take up on my behalf.

I did think this request would be straight forward and that I would recieve all the info and be able to start to resolve!

Thank goodness I found this site!

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I still would be inclined not to send any ID, even a utility bill, it's information that CapQuest don't need, they know who you are as they've been conversing with you for a while.

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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I have drafted a letter quoting the data protection 1998 and the infomation commisioners advice. Now I will send by recorded again , saying that they know who I am and if they still mess me about I will not correspond anymore and will regard any alleged accounts in dispute and will report to the information commisioners office straight away.

Wonder why they wanted a photcopy of a driving license or passport........................mmmm

Thank goodness I found this site!

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It does sound a bit off, they've not done that with me but I've read elsewhere on CAG about DCAs doing that to others.

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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  • 3 weeks later...

I have now recieved my S.A.R bundle from Capquest , it includes a terms and conditions dated 1999 , so all looks in order. I have also recieved a copy of a bank ledger , with regard to me showing when the loan was set up and when the payments went eratic. The last payment shown paid on the ledger is January 2001.

Next payment is October 2006.

Anyone?

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Yeah . the last payments from October 2006 were paid by me . What I think is everything looks in order . Mind you the S.A.R bundle is interesting , I see over time they have offered me reduced settlements . I think my only option is too offer them a % in full and final . Anyone think this is a good idea.

What I have noticed is Capquest actually own th debt now - since 2006.

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Are there any excess fees and charges on the account you can try and claim back?

 

When I wrote and told CQ my debt was in dispute with the OC, they closed my account and referred it back to them, which is interesting as they owned the debt too.

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Similar problems!

well the only thing I can see is the PPI which is around £500.

I assumed I can't reclaim as its seven years on... and obviously I have made no regular payments (last payment to oc 2001 and capquest as I said 2006).Mind you the original debt was £2800 and now with capquest , £1000 in capquest charges!From what I can see oc never slapped on charges.

As I said failing this , I am looking at offering a full and final as everything looks enforcable.

Any ideas?

On a separate thread I started , (Amex) I am awaiting CCA request and statements , but I reckon no payments since 2000 or 2001 so I reckon might be statue barred?

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You must reclaim all charges and PPI that you can.

AT the end of the day there IS a debt, but you want to ensure you are only paying what is viable.

 

Do you know the value of charges/PPI.

Might be worth sending a SAR to the OC and a dispute notice to CQ.

Be VERY careful whose advice you listen too

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Thanks CB , can I reclaim PPI even though its over six years?

Capquest charges are as I said £1000 - ,the OC charges are supriseingly only around £20 which I found strange , PPI as I said were £500.

The info I recieved back in my SAR bundle from Capquest is -CCA and terms and conditions and bank ledger (showing payments etc) should I have recieved anything else? I also recieved usual letters and assignment letters.

I have sent SAR requests twice to OC , and had replies saying they can not find me on there systems ,so another letter on the way. I am also going to query one payment as I originally defaulted in 2000 and a odd payment appears on the OC bank ledger in early 2001 , which I'm not saying is wrong , but I can not recall.

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As long as you have the agreement with the PPI details you can reclaim it.

I assume this PPI was a single premium that was added at the start of the loan.

Hopefully the SAR you received from CQ should give enough information for this claim,

Be VERY careful whose advice you listen too

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Thanks for that - I will chase up S.A.R. with original creditor and also tell Capquest that account is still in dispute until OC comes up with request then I will also claim for PPI against original creditor.

One down and two to go!

Thanks to everyone here I feel confident going forward!

Thank goodness I found this site!

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Here's a dispute letter for CQ:

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful charges and missold PPI. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours etc

Be VERY careful whose advice you listen too

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Good luck and let us know what happens :)

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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