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    • If someone only receives a Govt benefit - ie working tax credit - and barely has enough money to pay for food, utilities, public transport and general essentials - what happens if their bank receives a 3rd party order to freeze the account because of an unpaid debt and a mistaken assumption that account holder has hidden funds/savings ?  Does the bank allow the account holder access to the bank to pay for life essentials?  Or does the bank literally freeze the account so nothing can be bought, no bills paid for ?   
    • Hi   As promised here is a response I have put together for you please fully amend as required   Dear XXXXXXXXXX   Complaint Reference: XXXXXXXXXXXXX   Further to your correspondence on XX/XX/2021 I find your response unacceptable for the following reasons:   You felt there was a data breach due to maladministration as we had the incorrect email address for you. As previously advised, the email was not sent to another individual but was undelivered due to having the incorrect email address. I   have requested a copy of the undeliverable message from our IT team. Once this has been received, I   will forward it to you. This has not been reported to our data protection officer as there was no breach. I  did also try to contact you by telephone to get the correct email address after it was returned to us, but there was no answer   I disagree with the above for the following reasons:   a) The Housing Association that sent it to the incorrect email address  b) The Housing Association were fully aware of my email address as you have been responding to myself at my email address even when I initially reported this and had a response from your online portal. c) This was a potential Data Protection Breach irrespective that it was undelivered and should therefore be reported to your data protection officer. d) You were responding to my emails at the correct email address and the as previously stated when I initially report this and got a response from your online portal to my email address, you incorrectly sent the response to an email address due to typo errors in that email address by the individual that sent.  e) If the individual that sent that email to the incorrect email address due to typo errors was yourself then you have a Conflict of Interest in dealing with this matter as it involves yourself and someone else should be responding to that matter therefore I require clarification if it was indeed yourself that sent the email to the incorrect email address.   You feel that this should be a stage 2 as your response was out of time due to having the incorrect email address. You received the response one week after it had been originally sent, once you provided the correct email address. This would not meet the criteria for escalating to stage 2. I  had already offered compensation of £25 for the delay in responding to your complaint. My colleague that reviewed this for stage 2 has advised that an additional £25 could also be offered to compensate for the delay caused by not having the correct email address.  Please note any compensation awarded would be offset against outstanding arrears in the first instance should there be any on your account.   I disagree with the above for the following reasons:   a) Your initial response was sent to an incorrect email address due to typo error irrespective that it was received one week later it was still out with the agreed stage 1 Time Limits therefore should be dealt with as a Stage 2 Complaint    Contents insurance is the responsibility of the resident to arrange. You are aware when you take on your tenancy that your personal belongings are your responsibility to repair and maintain, not A2Dominions. As such, any insurance to cover these items would have to be arranged by the tenant. There is no requirement for us to advise of this. Your tenancy agreement gives a comprehensive overview of what is A2Dominion responsibility. Should you have any queries about these. you can refer to the document   I disagree with the above for the following reasons:   a) As I was not aware of this by your staff when I took out this tenancy but you point out I was made aware therefore I would like to be provided with evidence from my housing file that I was informed of this when signing this tenancy agreement. If you cannot provide this then you cannot state that I was made aware at the time of taking up this tenancy. b) You point out their is no requirement for you to advise of this which I find astounding for any Housing Association to state this as they should be making any new tenant fully aware that Contents Insurance is required and the reason.   I  have been informed that the flood affected many members of the community that day. There were so many people affected that a local support group was also set up. This shows that the issue was widespread, not just limited to affecting your property and also proves that the issue stemmed from a wider mains issue. I do appreciate that there was a blockage in your drain which exacerbated the issue within your property, but as advised in my stage 1 response, this was attended within our urgent call out timeframe of 24 hrs. This was then passed back to Pyramid Plus as they were unable to dear the blockage, and follow on works were arranged. We are unable to attend to issues until we know about them, and we attended as soon as this was reported to us.   I disagree with the above for the following reasons:   a) In a previous response you blamed the mains water companies issue therefore not the Housings issue now you have changed it to a wider mains issue yet as I preciously asked to be provided with evidence again you have failed to provide that evidence. b) The blockage which you have previously been in denial about and suddenly admitted and openly blamed the main previously you have know admitted. As this blockage I within your property boundaries and is inside internal in my property the Housing is responsible for that issue and the further damage caused. In reference to your request for the previous reports by other residents, we would be unable to provide that information to you. We cannot discuss any reports by other residents under any circumstances   I disagree with the above for the following reason:   a) My request for how may tenants have complained about this you previously stated 'your system does not allow you to find this information' and now it is 'we cannot discuss reports made by other residents under any circumstances' I find this completely unacceptable as I did not ask this I only ask how many tenants had complaint about this issue whether it be one or ten as an example how difficult can it be as this does not breach any data protection laws and if you still insist on this approach then you can provide my with with full and I do mean full clarification as to your reason with which article and section of the data protection act you are using for your failure to comply with a reasonable request and your failure still to explain FOI.    
    • No!   Not because what you've written is wrong - it isn't - but because it's best to keep Simple Simon in the dark about how you are going to bat off his claim.   Look at   https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-jun-2021/   and then scroll down to   Q2) How should I defend?   Adapt the defence there.   The more you read up on VCS "no stopping" airport threads here the more you'll educate yourself on what needs to be done.
    • Defence :   1. No keeper liability as this is not “relevant land” under the POFA 2012 and I the defendant puts it to strict proof that VCS show as to who was the driver at the time. 2. No contract was ever offered by VCS, land is subject to own byelaws and signage is prohibitive so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract.   is that enough?
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Nemo - Repossession hearing please help***SUSPENDED***


isoprox
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I honestly don't think the judge will order eviction - do you know if there are any duty legal reps at the court in the morning ? if so approach them and they will accompany you into the hearing to support your case. Do you know what you'll say if the judge asks why you didn't pay as per the proposal you made in March ?

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I'm not sure if there is a duty solicitor , but I will ask when I get there, if the judge asks about March and April payments I'm going to say that they refused payments, I am able to pay a lump sum of a £1,000.00 off the arrears but not until the 26/05/16 if need be I will offer this if I think it's going against us, within my defence statement I have given a full proposal and also have given accurate figures of arrears and balance in 2013 and to be honest since 2013 and current we have paid of nearly £8,000.00 of the balance since 2013 so it clearly states we have paid a good lump of it I hope these facts and figures helps with the decision.

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Did the lender actually refuse to take payment from you or did they just refuse your proposal to repay the arrears? Whichever way, the judge would think you should have kept these payments to one side and if you had made these payments the judge would see that you were committed to clearing the arrears.

I take it you no longer have the money for the March & April payments?

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Just because they refuse your proposal doesn't mean you stop paying altogether, you should always make payments especially as an eviction notice is imminent - you need to show that you are sincere about sticking to regular payment.. My concern is that the judge sees you made a proposal to pay a few months ago and then didn't make any payment - this could be seen as you not being commited to reducing the arrears. It would have been helpful to your case if you had paid the money you have before the hearing.

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I know what you mean, but at the end of the day you made a proposal to pay and then didn't make the payments in line with the proposal or keep the payments to one side so they could be paid when necessary.

 

In any case, it may not be an issue, but you need to know the judge could ask the question, that was what was worrying me.

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And too be honest if we need too we could somehow get that money for March/April payments and say that we kept aside as we didn't know what the outcome was going to be and that we would need this for deposits if we needed to rent etc

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And by the way I must thank you for the defence letter I ran it past someone I know and they said it's the best n244 they had Seen so thank you

 

Thank you for those kind words - I just want to give you the best chance possible and it's lovely to know it's appreciated :)

 

Glad you have thought of something to say if asked about those payments. It may not come up but I just wanted you to be aware of anything that might be an issue so you're prepared.

 

I'm sure it will all go well for you tomorrow - please don't forget to come back and give us the good news :)

13 can be very lucky :)

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I'm sure you will be sending me the good news ! :)

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You can always ask - but I don't expect you'll need to :)

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Best of luck isoprox

 

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Brilliant ! you obviously got a good judge :) Can you give us a bit more detail about what was said in the hearing ?

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I have changed the thread title to reflect this was nemo

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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tidied and merged the many threads on the many attempts by nemo to do this to you as well.

 

 

have you ever sent them an SAR to get all the statements?

 

 

if not do so.

 

 

I see you've had many debt management visits

and must have horrendous arrears, letter, etc etc fees

ALL these can be reclaimed back off the outstanding balance.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I look forward to reading it :)

 

I bet you're glad you didn't pay one of those repo companies now - they wouldn't have done anything more than we did for free

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Ok I have had a bit more time to reflect on what a awful day we had yesterday and the days running up to the hearing,

 

well I arrived at the courts really early so that I could have a chat with on duty solicitor, and also the representative for nemo, my hearing time was for 14.30 however I didn't realise that all the other people in the waiting room was the same time,

 

it was getting on for 14.20 so I was petrified that I wasn't going to get to speak with the other parties, in rolled the rep for nemo, and she asked if we could have to chat try and come to a agreement before we went into the court room, to be honest she was being really nice about it all, but after I have reflected on it she was sort of doing this to get me cough up a better offer,

 

I put my proposal forward to her to pay a extra £100 plus the normal monthly payment she was very unsure that nemo would agree so I offered her a lump some of £1000 to be paid by the 26th of this month plus the £100 and the normal monthly payment of £286 by the 1st of next month,

 

she contacted nemo to see if they would accept, after about 5 minuets she got a call from nemo and they accepted the offer so I was so relived, next the duty solicitor came and appologised for they delay the rep explained that we had come to agreement so there was no need for a meeting the duty solicitor asked if I was happy and I agreed,

 

we then were called into the court room sat in front of the judge the rep explained to the judge that we had all agreed a proposal, and his response was to ignore her and went through my n244 she said again we have agreed he told her to stop talking as it was his decision to agree the proposal

 

he asked me how I got into the arrears and explained, he was really nice with me and then asked the rep how much the arrears were in total then how long was remaining he did his calculation and said to her I am ruling the norgan statement and dropped the payment to £60 plus the normal monthly payment,

 

she said I had offered a lump some of £1000

he said to me can I afford that

I said it would be ok

he said no you're not

I want to leave you with some left over

you only need to pay £500 and

then said to the rep you set people to fail

so in 2 months time you're back on their case

 

he wouldn't let her speak at all I was flabbergasted ,

 

 

SO I CANNOT THANK YOU MORE ELL-ENN I

hope this helps anyone that finds themselves in this position and please advice before you go to court.

Edited by honeybee13
Paras.
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What a result ! I''m glad you got a judge who knew how these lenders and their reps operate- and reducing your monthly payment was a great win for you. You must be so relieved.

 

You must make sure you don't miss any payments - even by one day - or they will immediately issue another eviction notice. If possible you should try and pay a couple of days early to ensure they receive it on time.

 

Well done for staying strong.

 

When you are back on your feet you might consider making a small donation to CAG. The site is run solely on donations - every amount, no matter how small, helps us to keep the site running and continuing to give advice on these situations.

Help us to keep on helping

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