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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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You CAN do it! If you are at the end of your tether with debt and suffering - read this! Advice also wanted please.


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I've had a house reposessed, but am recovering. I still get phone calls and this year have twice fended off a company threatening to make me bankrupt. The second time they tried to put a charging order on my dads house, but I haven't lived there for 20 odd years and was able to prove from council tax records I had no 'interest' in the property.

 

I've had support from family and friends I have made on this site and try and help others make the mistakes I once made - that is my 'return' to a society which tries to reject me because I do not fit into a 'social box'.

 

It is society which needs to change and the people who run the DCAS who need to realise that not everybody is a 'Rankine' or a 'Won't pay' but a 'can't pay at the moment'.

 

I now have a lot more money available to me which I've paid towards PROVEN debts using the snowballing method, no way am I going to be bulldozed into paying 'he who shouts loudest' ever again... those get put into a pot and paid a pittance. Funny now how many of them (three at the last count) have offered me 'one time final reductions' with the promise 'they' wouldn't chase me. I've written back asking that if they amend it to 'they, the original creditor AND any other third party won't chase me' then I will pay them...

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I've had a house reposessed, but am recovering. I still get phone calls and this year have twice fended off a company threatening to make me bankrupt. The second time they tried to put a charging order on my dads house, but I haven't lived there for 20 odd years and was able to prove from council tax records I had no 'interest' in the property.

 

I've had support from family and friends I have made on this site and try and help others make the mistakes I once made - that is my 'return' to a society which tries to reject me because I do not fit into a 'social box'.

 

It is society which needs to change and the people who run the DCAS who need to realise that not everybody is a 'Rankine' or a 'Won't pay' but a 'can't pay at the moment'.

 

I now have a lot more money available to me which I've paid towards PROVEN debts using the snowballing method, no way am I going to be bulldozed into paying 'he who shouts loudest' ever again... those get put into a pot and paid a pittance. Funny now how many of them (three at the last count) have offered me 'one time final reductions' with the promise 'they' wouldn't chase me. I've written back asking that if they amend it to 'they, the original creditor AND any other third party won't chase me' then I will pay them...

 

I like your style and it was good to meet you on Birmingam meet..

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I now have a lot more money available to me which I've paid towards PROVEN debts using the snowballing method, no way am I going to be bulldozed into paying 'he who shouts loudest' ever again... those get put into a pot and paid a pittance. Funny now how many of them (three at the last count) have offered me 'one time final reductions' with the promise 'they' wouldn't chase me. I've written back asking that if they amend it to 'they, the original creditor AND any other third party won't chase me' then I will pay them...

 

Out of interest, what is the snowballing method and how does it work with debts? (Not that I'm in a position to try any method right now - but I have aspirations!!)

 

And that's a good point about amending it to catch all the likely debt chasers if you're paying off the debt.

 

Well done, SillyGirl - good for you!!

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How the snowballing method works is as follows.

 

I was lucky enough toi have £160 'spare' to pay off debts with, so I listed my debts, smallest to largest and offered to pay off the smallest first by payments of £150 per month for 2 months, the rest paid a 'token' payment. After two months one proven debt was paid off, then I did the next and so on. In each case you have to tell them that you have many debts, you are not preapared to reval the names of the creditors but others have accepted minimum payments of £1.00 (0r £5.00).

 

If they don't play ball then ignore them, if court papers turn up you can prove you made a good deal to them and the game is over....

 

Consumer Dude it was good to meet you to, please PM me if you want, I'm over your way next week...

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Ahhh - so the key is to have some money to pay off a small debt first.

 

Hmmmmmm - I rather fall down on the first two points there, and then my creditors already know about each other because that was how the CAB worked when they helped me last year.

 

But - it's still something I may be able to use in some way later - I like the idea of getting one debt paid off first so it's out of the way, and you have sense of completion.

 

Many thanks for the explanation.

 

:)

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  • 3 weeks later...
  • 3 weeks later...

hi all, i have to admit that as of today i have given up fighting, i have been fighting jd williams,reliable collections for nearly 7 months, and i have had enough, i am going to start paying them, not what they want but what i can afford. my son has told me not to do it, but i am afraid that it will make him ill, he wrote to s.beat at jdw and asked for them to send all mail in my wifes name, so she could divert it to my son, s beat,(solicitor) agreed to do this, but like the rest of these parasites, the threatening letters still came in my name. i think that if i dont give in, these people will be the death of me, i am on the edge, i thought that i could see this through but it will kill me in the end. bigpaddy

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Big Paddy

you have to do what is right for you - end of day it is you who is getting the letters and calls, one word of advice if I may - do not offer anymore than you can really afford and if at all possible go for the lowest amount I assume this debt could be statute barred? if so please read the sections on the Stat Barred and you will realise these people have little power.

On the paying back front every 6mths they try to force and increase - this is what happened to me, and even though you are paying it never really goes away. If I had realised back then that 2 of my debts were stat barred I would have fought all the way!

Just a thought my friend

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  • 2 weeks later...

thanks seagull, i am going to offer the least possible, i can only afford this money because hutchison 3g, retired my accounts after sending a letter off my doctor about my illnesses. i cant go on with the slimy letters, they just wind me up. so i think for my health i will offer a small payment via a standing order. i will let you know how i get on. take care my friend. paddy

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  • 2 months later...
I suffer with major tonic and petit mal epilepsy and asthma I found that following a seizure, if I opened a letter from a DCA I would panic (usually bringing on an asthma attack) because I was confused about what it referred to. So I would always telephone, try to explain only to have the 'represetative' read their script to me and try to pressure me into making arrangements. As a result my health deteriorated, my seizures became extremely serious and unpredictable. I was being hassled with phone calls every day, sometimes up until 11pm. I got an answer machine and at one point it had recorded 200 messages - most of them blank. During a particularly lucid period, I decided to change my phone number and make sure it was ex-directory. Once the phones calls ceased I was able to breathe and look into ways of helping myself out with the debts that have accumulated. Im just at the beginning and hope I can get some useful help here at CAG. I did make the mistake of phoning one DCA following a letter I received after I changed my phone number. He insisted that I provide my telephone number and I insisted that I wouldnt and put the phone down.

 

My seizures are still pretty bad but they are not as severe. I feel better about taking charge of the situation and that has helped my health; even though a lot of the time Im not well enough to deal with something I still know that I have the upper hand at least under the harrassment act 1997!

 

 

Hi Summanotre,

The wonderful part of this forum is that it is all anonymous. In the past, I also suffered from Petit Mal epilepsy attacks. After a prolonged special diet and many years on a whole range of vile pills, they went. I also understand the stygma that goes along with epilepsy. And the only reason why I can admit to it on this forum, is because it is anonymous. Although I do not suffer from attacks anymore, I know that is is important that you are not put under pressure, specifically the type of pressure that is caused by people systematically locking all the doors on you, untill there is no way out and you feel suffocated and totally trapped. Those are the very actions often experienced from Debt collecting 'agencies and callcentres'. The stupidity of this is that no one realises that these calls and letters have a totally debilitating effect and very often paralize the victims. It all falls under the heading "We are trying to help you by giving you the opportunity to make an arrangement" Their 'helping' actually has the opposite effect and under the pressure of their insistence, you succumb and make another useless pledge to pay monies in that you already know you don't have. Even when you tell them you will honestly do everything you can, but cannot give a set amount, they keep the pressure on. In the end, just like so many others, I ended up sitting in my front room, in a stupor. I simply could not answer the phone anymore. I also simply could not bear to open any envelopes, especially brown ones, just in case there was another demand for payment and money. If breaking the house down, with my bare hands, brick by brick would have offered a solution, I would have gladly done it. I was mentally totally paralized for many months and was incapable of doing nothing else, but watch telly (to escape from reality) and wait for my retirement. My wife suffered, 'cause all the responsibilities were squarely put on her shoulders and my kids suffered, because 'Dad' was good for nothing and interested in nothing. I was too much of a coward to do myself in, and hated that part of me as well. Many a night I was in tears for hours. I simply do not drink alcohol, and have actually never been drunk in my life. In desparation one night, I drank half a bottle of whiskey, threw it all up again and sank to the floor realising that apart from all my other failures, I was even incapable of getting drunk, something that other people do on a regular basis. Many times I contemplated how I could finnish my life, but never actually did. My world was blacker than the deepest black and all I was interested in was getting out of this world. It is a bad position to be in. Time and patience, and endless, endless hours of talk with my wife eventually got me out of the depression. Slowly but surely, I was slowly moving back to making very careful and considered suggestions as to what we should do. I climbed the ladder ever so slowly, whilst being firmly supported by my wife. And only now, can I begin to think that I am coming out of this. So, I can still wobble at times. I am still tearful at times, for no reason at all, but I am getting out of this and with the help of this bunch of incredible caggers I can even begin to address my debts. So, patience is the key. Support is the Key, understanding is the key. If you can get that type of support, you WILL get through this. You will become stronger. You WILL be able to deal with stresses of daily life, and you Will get on top of it. If a plonker like I can do it, I know that you can. (no pressure) Just take your time and work on it. If necessary, hour by hour. Then day by day, and then Week by week. Slowly and easy does it!!

 

DoubleU

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  • 2 months later...

This is only the second time I've been on this forum, and I was only minded to say firstly how brave all you forum contributors are in facing adversity through debt and ill health... I'm amazed at your strength and fortitude!

 

I've been in debt for a good 15 years, but thankfully never so bad that I've been completely unable to cope... though a couple of times things were hugely stressful and scary.

 

Secondly though, I'm just disgusted that people, human beings, all deserved of fair treatment and a peaceful existence are bombarded and threatened by companies in the pursuit of debt repayments. This country, the system that we are slaves to, the poor education provided to young people about finance and debt are all to blame. The hype of consumerism and ease of obtaining credit make more and more people fall into this trap.... me especially!

 

Love and luck to all those battling with these problems... I wish you all the very best x

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