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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hfc Cc


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Hi All can i ask for some info & advice re: my position with HFC.

 

I wrote to let them know I was having finacial difficulties, and make a pro-rata offer, HFC begrudgingly agreed but started being difficult & phoning constantly. After one particulary obnoxious call I decided to CCA & SAR them.

 

Next I recieved a letter from HFC saying that although I had an agreement in place it was not enough for them and they were going to default the account.

 

Rec'd Default notice in post (delivered 10 whole days after the date on the notice)

 

On day 12, I recieved a reply to the CCA reuest by Special Delivery! this contained my last 6 statements, a without prejudice letter detailng when my account was opened, the original credit limit etc etc. The letter goes on to say that they ca'nt locate a copy of the agreement at his time and that they will forward it on.

 

So clearly the account is now in dispute and they will get a letter to that effect after the further 30 days has expired.

 

I would really appreciate some thoughts on what to do about the default notice, I believe the ammounts to be wrong (due to many charges), my name is spelt incorectly and i'm not overly convinced its in the prescribed format.

 

What do you reckon the best course to follow now? your thoughts and advice as always are appreciated.

 

RN

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Default notices are legal documents that have to contain certain criteria as laid down in the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993.

 

They have to contain the following:

  • Name and address of creditor issuing default notice and name and address of the borrower.
  • Type of agreement and details of the breach of the agreement.
  • Early settlement figure (for fixed sum only).
  • The action to be taken by you to remedy the situation and comply with the agreement.
  • The next action that the creditor intends to takes, should you fail to comply with the agreement.

It's very important that default notices are correct legally as there is case law which states so:

 

Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998.

 

 

Also in the regs it states:

 

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section

88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

 

 

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

 

Therefore it follows that if it doesn't include that statement it isn't doesn't comply with the law regarding default notices.

 

Hope this helps

 

Mick

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  • 3 weeks later...

A quick update:

 

Still no CCA 12+2+30 expires 17th May so they will get a note putting the account in dispute.

 

In response to my SAR i have recieved 6 years worth of statements and my £10 back, so I have sent them a letter giving them a further 10 days to comply (as a gesture of goodwill) and sent them back the £10.

 

Have just taken a call from a collection agency asking for payment, they allege that HFC have sent a number of letters that I have not recieved, I pointed out that they may have siad that they sent them but perhaps they did'nt, nearly wet myself when he responded that they would'nt as they are a proffessional organisation!! Anway I declined the offer to pay them as the account is in dispute, they have suggested that they will be starting legal action. I do hope so!

 

Any thing else I should be doing at this point (claim for charges?) or wait and see what their next move is.

 

Thanks

RN

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very similar letter to mine rec'd today except they sent me what they call a copy of my legal agreement which really is only an application. (I hope!!).

 

that's all I got as well.....I'm having fun with DCA's at the minute-I'll have them chasing their tails by the time I've finished!! LOL

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Grrr

 

Letter back from HFC re my SAR

 

"We would be grateful if you could compete the attached form and forward it to the address indicated. We will require a copy of your driving licencse or valid passport. We will action your request upon receipt of the completed form"

 

They have once again returned my £10 PO.

 

Anyoone got a suitable letter reminding them that the clock is ticking and they have been happy so far to send my info without my D.L. or Passport.

 

Thanks

RN

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  • 4 months later...

Not posted for awhile so a quick update and request for advice.

 

HFC have still not responded to CCA and S.A.R - (Subject Access Request), but have passed the account on to Debt Litigation and Recovery Services (who I assume are part of HFC).

 

They have written a couple of times and have been told that the accout is in dispute until such time as the CCA request is complied with. Subsquently they have written saying that HFC Bank archive Department have been unable to locate a copy of the agreement and to contact the Beneficial Finance Branch where I took out this account, as they may be able to provide a copy. (Hah as if i'm going to do that).

 

Following on from this letter I have recieved a letter from HFC saying that they can not provide a copy of the agreement, but have enclosed a completely blank pro-forma agreement. This looks like it dates from 03/01 (not even close date wise) and has terms and conditions on one side, and a list of penalty charges and a cancellations form on the other. They are stating that this is sufficient under regulation 3 of the Consumer Credit (cancellation Notices and Copies of Documents) Regs 1983.

 

Surely it is unacceptable to send any old bit of stationery that could relate to anyone or anything and say that it fulfills their obligations.

 

Any advice as to how to respond and proceed with this please.

 

Thanks

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