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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
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Welcome finance early settlement issues


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Hi,

 

Yes, I would think so, I'll try to find out.

 

Here's their website.......

 

http://www.itspublicknowledge.info/home/ScottishInformationCommissioner.asp

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

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Any idea who i report non-compliance to in scotland. Will it aslo be the information commissioner for scotland?
Yes, you report the matter to the ICO. Going down the route of taking a non compliance claim to court in Scotland doesn't really work I'm afraid.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Help on how best to fill details of claim section will be greatly appreciated pls... newbie

Summary on why i'm suing welcome:

  • Non compliance on Subject access request about 60days ago, although cheque now cashed.
  • Requested for an early settlement fig in Jan, got told it over the phone disputed the amount and request for breakdown and nothing received to date.
  • Requestig for a freezy on interest and refund on interest from Jan to date, as these have been suffered due to welcomes inability to produce a statement and early settlement figure.
  • Welcome claims the reason for the high settlement figure is due to missed payment, i can proof that i haven't missed any payment, a few late payments, but no missed payment.
  • Have never received a statement of account from welcome despite requesting for one over and over.
  • claiming any charges on the account - not sure of amount (again never received a statement or SAR request).
  • These thiefs has put a default on my credit file!!! want this removed, never received a letter to this effect and i don't believe i've ever missed a payment according to my bank record, a few late one, but non-missed.
  • Finally interest charged on acceptance fee

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Sorry to sound dim... but why can't i go down the court route in scotland pls? heard about applying County Court for an order to enforce compliance, together with damages at the discretion of the court. does this only apply in england?

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Help on how best to fill details of claim section will be greatly appreciated pls... newbie

 

 

Summary of my issues with welcome:

  • Non compliance on Subject access request about 60days ago, although cheque now cashed.
  • Requested for an early settlement fig in Jan, got told it over the phone disputed the amount and request for breakdown and nothing received to date.
  • Requestig for a freezy on interest and refund on interest from Jan to date, as these have been suffered due to welcomes inability to produce a statement and early settlement figure.
  • Welcome claims the reason for the high settlement figure is due to missed payment, i can proof that i haven't missed any payment, a few late payments, but no missed payment.
  • Have never received a statement of account from welcome despite requesting for one over and over.
  • claiming any charges on the account - not sure of amount (again never received a statement or SAR request).
  • These thiefs has put a default on my credit file!!! want this removed, never received a letter to this effect and i don't believe i've ever missed a payment according to my bank record, a few late one, but non-missed.
  • Finally interest charged on acceptance fee

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Hi Prudent, non compliance of SAR would be a complaint direct to Information Commissioners Office, you can download the complaint form from their website.

 

Have you done a section 78 request for copy of executed agreement?

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Hi Prudent (similar name - are we related? haha)

Just to bump it up a bit and say good luck, I'm sure someone will come along to help with your particulars of claim soon. Sounds like you have a strong case. I'm fighting them too and would never have made it without the great help on here. We will all stick together and help each other against these daylight robbers! Kind regards, P

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spoke to the info commissioner and they advised that it might be quicker for me to go through the court applying for a court order under section 7, i believe, as they have 10mnths backlog. what she couldn't tell me was whether this can be done in scotland as well as england

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Many thanks -letter before action sent off today.

 

Any idea if i'll be better off logging this in a court in scotland or use money claim online (which i believe is governed by english law). not sure of how true it is, but heard from someone that non-complainace on sar cannot be taken to court in scotland?

I actually live in scotland at the mo... but only just moved here from england 2yrs ago.

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I'm getting confused, here. Is this similar to CCA-ing a DCA? I have been assisted on my own thread , but if my DCAs aren't -or cant - comply with sending me a copy of my original agreement, must I now pursue them through the courts to do so? This seems awfully convoluted.

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I am at a similar point, about to take a creditor through the small claims process for refund of charges. Apparently, you make the application for the refund of charges or similar action and then, as soon as possible, make an incidental application for the supply of documents relevant to your claim.

 

As Rory says, the summary offence route under the Data Protection Act seems to be a waste of time in Scotland, an application for other documents may be possible as a stand alone request as the small claim form does offer you the option of decree or other order sought - although, I do not know if the supply of the original executed documentation may equally ineffective on its own.

 

Rory may well have the answer or the sheriff reasoning behind this issue, it does seem a point which is becoming increasingly problematic in Scotland, I have half a dozen creditors who have failed to comply with the SAR and same organisations unable to cough up an signed document all hiding behind the true copy legislation.

 

Hopefully Rory will be able to help, anyone know how to ask if he could advise?

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Hopefully Rory will be able to help, anyone know how to ask if he could advise?

 

 

I've pm'd Rory, hopefully he'll get back and help :)

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I'm getting confused, here. Is this similar to CCA-ing a DCA? I have been assisted on my own thread , but if my DCAs aren't -or cant - comply with sending me a copy of my original agreement, must I now pursue them through the courts to do so? This seems awfully convoluted.

 

 

Its not the same, a SAR is a request to the original bank or creditor for info relating to your account. anything from your agreement, statements, transcripts of phone calls, letters sent back and forth etc. it costs £10 and is usually used to reclaim bank charges or ppi etc.

 

Hope this helps:)

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  • 2 weeks later...

hiya prudent

 

really sorry no one has come to reply, im not sure to tell you the truth, but i wanted to reply so it bumps your post up and maybe others more knowledgeable will now see your question and give you a positive reply

 

if no replies say by tomorrow give the red triangle at the left of your name and details area on this thread and a mod will come to see your thread to help

 

hope this is helpful laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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I donlt think the smae rules apply as down south, i htink Rory had said on another thread that it's not wirth the effort and moneyclaim not avail in scotland.

 

Who did you send the sar too? is it passed 40 days?

 

ida x

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sent it to welcome finance on the 15.01.09. well over 40days... thinking of using moneyclaim with my mum's london address...

 

And they are still chasing, not only that they have also failed to supply an early settlement figure also requested for in jan... and the interest on this loan is enormous... so every day of incuring more interest counts...

 

i had sent them a 7days to action letter, of which i'm now drafting the court documents...just need to clear up the question above to know how best to proceed.

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