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    • Hello, Just to check I understand things right, he moved to a nursing home, you then kept paying the rent for a period of time whilst you sorted his belongings. You have asked to give notice and asked for backdated payments of rent from when you first asked which went ignored? They are still taking rent payments.   Have I understood correct?   If I've got anything wrong please correct me.
    • I contacted Sanctury housing in August 2023 after informing them my father in law who had Dementia had moved into a Nursing home December 2022. We kept the flat for 8 months until such a time we could accomodate some of his furniture that my wife wanted to keep. I contacted them in August 2023 to let them know the situation by email as I was the named person that could speak on his behalf. I informed them that we had left it to late for POT and were seeing a solicitor for Deputyship of his financies. I asked them what information would they need in order to give notice on the flat and we could provide details of his condition and nursing home. This went ignored I left it a month and then called them October 2023. I was promised a call back from a manager over the next few days. This never happened and it was end of November when I contacted them again and they had no record of me calling them. I explained the email and again I was told the local manager to the area would call me. This never happened and I ended up emailing them in January 2024 with a copy of the email from August. Again this went ignored and I had explained to them that we couldn't just go to the bank and stop the DD as we had tried. This email again went ignored. I then had a letter written to our home address in February asking us to get in contact with them (local manager) as they were concerend nobody was living in the flat. He had an email address so I copied in the last 2 emails to say I had been trying to give notice since August 2023. I also stated that I would like the rent that was paid from August 2023 refunded back to his account as I had officially tried to give notice then and it went ignored. He replied to us about wanting to look at the flat then notice could be given once he had contacted the nursing home to confirm he was actually living there now. Notice was giving for the 22 March 2024 and this would be when rent would stop and no further payment would be taken by this point. The fact I asked to be back dated went ignored. I have since noticed on 2 banks statement for April and May that they are still taking Rent payments of £501 from his bank. Further to this which seems very strange. He was with Eon Next for his utility bill again we were having problems getting this stopped as they needed a named person on his account which there wasn't one despite me managing his online account for him. I didn't check the email address that often that I used to set it up and went to check as noticed the credit he had built up with not living there was all getting refunded in February. The email said £600 would be refunded to his account with a (sorry you are leaving us message) but how can he leave as nobody but himself had access to speak with them. I also noticed the lady in the flat above him had a letter from her bank sent to his address with his address details but his name which was dated 4th March well before we had given notice and it said (thank you for giving us your new address details) we have set all this up for your account.   So Sanctuary housing must have been aware he wasn't living there from the ignored emails for the lady above to start changing address details to move into his flat before the housing manager had even got in contact to ask if anyone was living there. What I basically want to know his do we have any legal standing to claim the rent back from when I first contacted them in August 2023? There is roughly £3000 to come back  
    • lowell letter = we've mugged you once - why are you not paying this other debt....😎
    • i see you are posting this all over the internet too. here you say it was returned by the safety camera dept UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please? WWW.FTLA.UK UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please?  
    • I see what you mean. I will wait till the 8 weeks is up and then take it up with FOS. Before I do will be on with some more details on the SAR. Thank you once again. 
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Invalid Default Notices


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Hi. Cahoot have finally issued me with a default notice but sent to it to my old address which I left 4 years ago. I only received it because my mother-in-law was passing our old house just after the Postman came and the new owners gave her the letter. What is the story with incorrectly addressed DN's?

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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Hi. Cahoot have finally issued me with a default notice but sent to it to my old address which I left 4 years ago. I only received it because my mother-in-law was passing our old house just after the Postman came and the new owners gave her the letter. What is the story with incorrectly addressed DN's?

 

did you tell them of your new address? can you prove that? if so thats their problem- if not- its yours!

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There are many cases of OC's and DCA's deliberately using old out of date addresses - especially to send letters regarding legal action - just to wrong foot debtors. If they have subsequently written to you at your new address then they are either stupid or devious (probably both!).

 

Either way you need to send a recorded delivery letter to them insisting they update their records to show ONLY your current address - and confirm thsi to you in writing.

 

Surely sending private and confidential data to an out of date address (of which they are aware) breaches their duty of care - might be worth asking the Information Commissioner?

 

BD

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did you tell them of your new address? can you prove that? if so thats their problem- if not- its yours!
Hi DD crap1 have started sending letters to an address i havn't lived at for 8 years even though a solicitor has coresponded on my behalf at this address, the card was taken out at this address the default was sent to this address and had a home visit at this address . Not let them know as curios to see what they are up to ?
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Hi DD crap1 have started sending letters to an address i havn't lived at for 8 years even though a solicitor has coresponded on my behalf at this address, the card was taken out at this address the default was sent to this address and had a home visit at this address . Not let them know as curios to see what they are up to ?

 

what they are "up to" is trying to get a ccj by the back door

 

unfortuneately for them- in this case- getting the ccj set aside would be a 100% dead cert

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Hi,

 

I received a DN from Creditor in Jan 2010. The DN looks ok apart from the remedy date which says 'you have 14 days from receiving this notice to rectify the breach', this make the DN invalid doesn't it?

 

I have not been terminated yet and CCCS paid them in Feb the reduced amount proposed. I have cancelled all future payments. Should I just wait for a termination now before sending the unlawful reccession letter?

 

Thanks

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Hi,

 

I received a DN from Creditor in Jan 2010. The DN looks ok apart from the remedy date which says 'you have 14 days from receiving this notice to rectify the breach', this make the DN invalid doesn't it?

 

I have not been terminated yet and CCCS paid them in Feb the reduced amount proposed. I have cancelled all future payments. Should I just wait for a termination now before sending the unlawful reccession letter?

 

Thanks

 

Yes. But if you can post it up then do so. The dates on a DN are only one of many issues so it's always worth getting further opinons ;)

 

M

 

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Am I right in thinking that consequences of an unlawful termination are that the creditor can only ask for repayment of the arrears outstanding at the date the DN was issued? If this is correct where in the CCA 1974 does it state this? Do we have any case law I can quote to back this up? Cheers.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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what they are "up to" is trying to get a ccj by the back door

 

unfortuneately for them- in this case- getting the ccj set aside would be a 100% dead cert

should i alert them to the fact i'm aware or perhaps alert OFT and information comitioner ? Would such actions put them on the back foot in a court case perhaps ?
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Hi. I have just received a letter from HSBC headed 'FINAL DEMAND'. It goes on to state, 'We now DEMAND (their emphasis) immediate payment of £xxxx.xx (the full amount outstanding). Current interest arrangements will continue to apply.'

 

The DN was defective as it didn't allow any time for service. Do you think I should send the unlawful rescission letter as they have asked for the full balance. The letter doesn't state it is a TN, just a final demand with a DEMAND for full payment!

 

Cheers in advance.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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Hi again everyone,

 

I have a Default Notice here from Barclays. I was hoping that someone may take a look at them as I believe this to be a little 'Faulty'. There is prescribed text missing and the dates will not work if it was posted 2nd class, also ther eis a difference between the Arrears and the Final amount. I also have an unenforceable credit agreement (as proved by a claims management company prior to this). I am currently going through a similar procedure with RBS but was hoping a quick eye over these would reveal further discrepancies?!!;)

 

Many Thanks to one and all here for there great work.

 

Kindest Regards

[url=http://i827.photobucket.com/albums/zz199/Worsteve/DefaultNotice003mod.jpg][/url]

http://i827.photobucket.com/albums/zz199/Worsteve/DefaultNotice001mod.jpg

http://i827.photobucket.com/albums/zz199/Worsteve/DefaultNotice002.jpg

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So help me with this how do you know if it's an ivalid dn? i have had two issued to me by two card companies but neither sent me the cca? So does this mean they are invalid? Could someone pm me this as it's very interesting... especially as i've just had a final demand from one for the full amount

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So help me with this how do you know if it's an ivalid dn? i have had two issued to me by two card companies but neither sent me the cca? So does this mean they are invalid? Could someone pm me this as it's very interesting... especially as i've just had a final demand from one for the full amount

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/250902-hsbc-agreement-default-notice.html#post2878415

 

It seems that not many experienced Caggers are active on this thread today. Have a look at that thread as Babybear has posted on it today.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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So help me with this how do you know if it's an ivalid dn? i have had two issued to me by two card companies but neither sent me the cca? So does this mean they are invalid? Could someone pm me this as it's very interesting... especially as i've just had a final demand from one for the full amount

 

You should also post the DN's on here (minus personal info) and someone will be along I'm sure to give you the chapter and verse.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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i will do that for you sorry am slightly panicky at the moment they said they'd terminated my account on the phone but have never written about it to tell me but will check that just in case have offered them reduced payments etc but they've said it's not enough am in contact with the cccs at the moment

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i will do that for you sorry am slightly panicky at the moment they said they'd terminated my account on the phone but have never written about it to tell me but will check that just in case have offered them reduced payments etc but they've said it's not enough am in contact with the cccs at the moment

 

have you cca'd and sar'd them?

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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not yet been too terrified to tell the truth.... mbna have accepted severe hardship etc etc and reduced payments for a while hsbc are well!!!! you know... haven't cca'd or sar'd them yet? but will do now.. if they can't produce the cca does that mean i can get the accounts put into dispute? have two other cards but am not behind on them, am changing accounts soon from hsbc paying off the overdraft so my wife cannot be touched? only that was tying us to the hsbc (apart from mortgage which isn't in arrears..) As long as they can't touch her i'm happy'ish...

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If you have sent a CCA request and they have failed to supply within the 12 + 2 days, then you can place the account in dispute until it is supplied.

You can write and ask if the agreement has been terminated; it is possible to send DNs that supersede the previous ones until the account is terminated, so if they are aware that a DN is defective they can issue a correct one.

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Having received my dodgy DN for an overdraft. The bank are still adding interest. The letter that accompanied the DN says thay can do that. Can they really keep charging interest if they have issued a DN, even if they havent yet issued a termination letter. Is a DN really as good as a termination letter, if it asks for the full amount?

Its WAR

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Hi all,

 

Can someone confirm for me that if a DN was sent which was dated 16 December 2009 with a remedy date of BY 06 January 2010 is only 8 clear days to remedy.

 

This would be based on the 4 days of service ie no proof of posting and because of the Bank Holidays over Xmas and New Year.

 

Even at 2 Days of Service for posting I still only make it 10 days to remedy - anyone concur.

 

Thanks

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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