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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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problems with halifax


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That's a good point babydoll; they would all look the same, wouldn't they?

 

Maybe all you good people with dodgy paste jobs on the rear of your application forms, sorry 'agreements';), should make an enmass complaint about the fraudulent tactics Halifax are using?

 

BTW, found out today that anything creds send you under a section 77 or 78 response is legally binding:D

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Also what were the over limit/late charges for 2001 agreements?? it says 20.00 pounds on mine :)

 

The revised charges of £12.00 were introduced around mid 2006 :)

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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My 'agreement' from Halifax differs a little to yours as there was no terms added to the back, my T&Cs were in a seperate booklet and although the application form says refer to the T&C, as it does not have any prescribed terms on the signature document, I'm thinking (hoping) it's uneneforceable.

 

It will be interesting to see what response (if any, knowing Halifax) you get to your letter, Sussex1 -please keep us posted:)

 

 

Ive had nothing back from Halifax but have had a load of calls and letters from BOS, I know i shouldn't but spoke to them today, they said it is the law that i have to speak to them and then sarted to ask if I was a homeowner. After telling them where to go decided to call Halifax. They can't tell me if they have my letter(even though I know they have signed for it) and say they have a backlog and will be in touch.

Is there a more forecful letter to send BOS who have not listened to the usual account in dispute letter?

thanks

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Sussex, did you send the Halifax letter via Recorded or Special Delivery ? If I read the posts correct, you only wrote to them around the 6th November.. 2 days for delivery, possibly a week for your letter to land on someone's desk. You are looking at the end of the month for a reply.

 

I have just seen that you know they have received the letter.. so I am afraid you are just going to have wait for the reply. :(

 

I assume you are referring to Blair Oliver & Scott when you say BOS ?.

 

If you have a non compliant agreement/application form or no document at all, you can make a complaint to the OFT using bankfodder's letter. You can amend the letter to incorporate both Halifax and Blair Oliver. Then send a copy of the OFT letter to both Halifax and Blair Oliver Scott advising them what you have done. :D There is no quick fix here.. you just have to keep plodding away .

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Sussex, did you send the Halifax letter via Recorded or Special Delivery ? If I read the posts correct, you only wrote to them around the 6th November.. 2 days for delivery, possibly a week for your letter to land on someone's desk. You are looking at the end of the month for a reply.

 

I have just seen that you know they have received the letter.. so I am afraid you are just going to have wait for the reply. :(

 

I know they got it and i'm happy for them to take their time in replying

 

I assume you are referring to Blair Oliver & Scott when you say BOS ?.

 

yes its them that are bugging me as they shouldn't even have it whilst its in dispute..although when you realise how dumb they are when you speak to them it can cheer you up a little!

 

thanks

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ok guys

 

I have gathered together some front pages from Halifax "agreements"

 

The first thing I notice that out of the 6 logos at the top, 3 are in line 3 are indented left, in some of the forms why would your sex be "not given" and why would I go to the bother of filling out my sort code and account number but not filling in my bank name??

 

dosent make sense and most of these listed below have the same strange occurrences

 

kennyruss 2001

Image of HALAGREE1 - Photobucket - Video and Image Hosting

 

babydoll 2001

http://i152.photobucket.com/albums/s168/lisa5_01/P1010060-1.jpg

 

Majorpaine 2005

http://i383.photobucket.com/albums/oo278/ubiquitas/HBOS_front-1.jpg

 

sussex1 2004

http://i297.photobucket.com/albums/mm223/sussex1/halifax2-2.jpg

 

peanut17 2003

http://i492.photobucket.com/albums/rr282/pedro1978/halscan3001.jpg

 

shirei12 2001

http://i271.photobucket.com/albums/jj135/noname12/hx.jpg

 

I was going to do the same for the back pages, as there seems to be 2 distinct types

 

kenny

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Wow, you all got actual agreements (even if they don't have any prescribed terms:p), all I got was an application form.

 

Did you receive your 'agreements' in response to a CCA request, or did you have to send a S.A.R - (Subject Access Request)?

 

mine was a CCA request and tbh is it an agreement.. I am actually looking at the just sign here box on mine it looks squint.... could be nothing, but something just to fishy about this document

 

kenny

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Wow, you all got actual agreements (even if they don't have any prescribed terms:p), all I got was an application form.

 

what makes you think its an agreement? That would pretty much go against the whole thread

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I didn't mean it was an actual enforceable 'agreement' per se; just that it wasn't the initial application form. Blimey, didn't mean to upset anyone!:(

 

Sorry, if i worded last message wrongly, i'm not at all upset with what you said just surprised that you say it is an agreement when throughout it has been argued it is some type of application, probably I think sent after a phone call application. In the sig box it states i understsand halifax may use credit agencies to assess my application

What on it leads you to think it is an agreement whether emforceable or not?

thanks

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Wow, you all got actual agreements (even if they don't have any prescribed terms:p), all I got was an application form.

 

Did you receive your 'agreements' in response to a CCA request, or did you have to send a S.A.R - (Subject Access Request)?

 

Wow, you all got actual agreements (even if they don't have any prescribed terms:p), all I got was an application form.

 

what makes you think its an agreement? That would pretty much go against the whole thread

 

I didn't mean it was an actual enforceable 'agreement' per se; just that it wasn't the initial application form. Blimey, didn't mean to upset anyone!:(

 

I am sure underdog wasnt implying that any of the DOCUMENTS were enforceable by referring to them as AGREEMENTS. You will see he/she has put quote marks around the word 'agreement' .. something I would normally do as well to denote a comment made sarcastically :D

 

One thing that has been cleared up for me by kenny linking to several documents is that these were all telephone applications.. Yes..? In which case, when you SAR Halifax.... specifically request the tape / transcript of the call you made in your list of requirements. :-) Can you recall if there was any printing on the backs of these forms when you received them for signature?

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi citizen...2001 is quiet a way back for my memory lol..but if im honest i dont remember there being Conditions Of Use at the back of mine..but there again my memory aint what it use to be :) and yep mine was a telephone app i can remember that bit!!

 

Yep, I understand what you are saying. :lol: Unfortuantely, very few people would have thought to photocopy the papework before returning it, which kind of makes it very easy for creditors/dcas to "create" paperwork and say this is how it was.... sigh.......... !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I remember mine was kenny ..i remember talking to the guy on the phone( thats one thing i do remember) it was a complimenty card that went with my cashcard...when i paid money in on my cashcard in 2001 the cashier said there is a complimentry credit card that goes with the cashcard would i be intrested..i wasnt really but said ok ,,she said some one from haliprats wud ring me and they did !!

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what makes you think its an agreement? That would pretty much go against the whole thread

 

It does say that it is an approved application – and it clearly states that it is an agreement.

 

Lots of the applications sent out by creditors in response to a s78 request are purely applications – that’s why there is some confusion.

 

The important thing is that the prescribed terms are not on the signature page and are not referred to on the back – which makes you think they supplied a separate copy or booklet of t&c’s.

 

Write to them and tell them you are not happy and you believe there is a problem with the agreement and you want to clear it up by seeing a copy of the original. Ask them to make the original available at your local branch. Try to flush them out as to whether they have the original or not.

 

It’s going to be a lot easier to tackle them knowing for sure if they have the original or not and more importantly if the prescribed terms are on the back.

 

However – in your case sussex you don’t need to worry anyway because the invalid DN provides you with a complete defence in court – no need to worry about the agreement anyway.:D

 

But don’t tell them – because whilst the agreement is still active i.e. they haven’t made a demand for the full balance or issued proceedings against you which would automatically terminate the agreement – they still have the opportunity to issue you with another valid DN.

 

If you feel like you are banging your head against a brick wall that’s because you are – I don’t think they read the letters we send let alone understand them.

 

Gone are the days when the creditor just rolled over and wiped away your debts – there’s to much at stake now so they have to fight back. Be patient and give them enough rope to hang themselves with. :-)

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