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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • 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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    • 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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Validity of claims management companies? Moved from "Unenforceability Cases on hold until further notice"


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Hi first time in this forum-but have been following with interest the situation over the credit limit issue-ie "The manner in which the credit limit is set" sch 6 for S127(3) purposes in the Leeds case as outlined by Axiom99-especially the case at Leeds County Court where the Judge is having a think about it-Judge Langan and R mitchell-I agree with the arguments here, some method of determination is required. I have two whereby the term states- " The Bank will determine the credit limit and notify you of any changes from time to time"-ok it is in schedule 1-but not schedule 6-Solicitors and experts seem to think that is ok as a prescrbed term for the manner in which the credit limit is determined-how the manner in which you determine something by determining it beats me-My question is has Judge Langan passed down his judgment on this one yet at Leeds-does anyone know-as mentioned by others the judgment here could have very significant consequences.:shock:

Edited by CCAMAN
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Hi first time in this forum-but have been following with interest the situation over the credit limit issue-ie "The manner in which the credit limit is set" sch 6 for S127(3) purposes in the Leeds case as outlined by Axiom99-especially the case at Leeds County Court where the Judge is having a think about it-Judge Langan and R mitchell-I agree with the arguments here, some method of determination is required. I have two whereby the term states- " The Bank will determine the credit limit and notify you of any changes from time to time"-ok it is in schedule 1-but not schedule 6-Solicitors and experts seem to think that is ok as a prescrbed term for the manner in which the credit limit is determined-how the manner in which you determine something by determining it beats me-My question is has Judge Langan passed down his judgment on this one yet at Leeds-does anyone know-as mentioned by others the judgment here could have very significant consequences.:shock:

 

I don't think that judgement has been handed down yet I am trying to find out and will post here when I do.It will obviously be of great significance if it is found in favour of the creditor but I will be surprised if it goes that way,not because of legal principles but because of the implications.

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I don't think that judgement has been handed down yet I am trying to find out and will post here when I do.It will obviously be of great significance if it is found in favour of the creditor but I will be surprised if it goes that way,not because of legal principles but because of the implications.

 

 

Many thanks for your reply, I shall keep watching this thread.

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Funny that - I have a quote from an MBNA drone on the phone from a couple of weeks ago - "MBNA never takes anyone to court" - I wonder what she meant by that?

 

Perhaps, the MBNA drone meant:

 

In the case of an irredeemably unenforceable credit agreement and/or, a credit agreement that involves a 'Dispute' about the mis-selling of payment protection insurance.

The MBNA company policy, is to sell (assign) the account to a debt buying firm (DCA), this firm will then issue court proceedings throught the Northampton County Court Bulk Centre:

 

MBNA do not wash their dirty pants in public...!

 

AC

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  • 2 weeks later...

I have established that a judgement was handed down by Judge Langan on 13th November re Lloyds TSB V Mitchell in favour of the claimant-ie the bank-I can not be certain that this is the case in question but it seems likely that it is -the claim/case No. 8XR79750- I understand came from Harrowgate county court. Permission to Appeal and hearing of costs is set for 23rd December 2009. Clearly this issue about " determing the manner in which the credit limit is set could now possibly be given a high profile"-If anyone else has more information on this it would help to see it posted here.

I would like to know what people think of this argument.

 

This argument was used by a CMC appointed barrister. Some bank or other v Mitchell (same guy as in June) Judge Langan (same judge as in June) in Leeds County Court .

Case was heard but judgement was reserved and shold be handed down in the next two weeks -whichever party loses is likely to appeal.

 

One of the prescribed terms within Schedule 6 of the Agreement Regulations is a term stating “the credit limit or the manner in which it will be determined or a statement that there is no credit limit”.It should be noted that the creditor has the option of choosing one of the three means of complying with the requirements of Schedule 6.In the present case the Claimant has most definitely not stated the credit limit within the credit agreement;it has not stated there is no credit limit.

That leaves only the option of stating”the manner in which the credit limit will be determined”.We are concerned therefore with the manner of determination.

 

It is submitted that the words” We set a credit limit and can change it.We will notify you of the limit and any changes” does not satisfy the requirements of Schedule 6.

The statement is meaningless in relation to how the credit limit will be set.

A determination is an ascertainment or fixing and the reference to “the manner” requires reference to some sort of methodology.

 

The claimant will no doubt respond that there are millions of credit agreements which use similar rubric and that the use of such phraseology has become an industry standard.But that misses the point .Parliament was quite specific in its requirements and as was found in Wilson v First County Trust there is no room for tolerance or deviation from the strict requirements of Schedule 6.If this case opens up floodgates then so be it.

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I have established that a judgement was handed down by Judge Langan on 13th November re Lloyds TSB V Mitchell in favour of the claimant-ie the bank-I can not be certain that this is the case in question but it seems likely that it is -the claim/case No. 8XR79750- I understand came from Harrowgate county court. Permission to Appeal and hearing of costs is set for 23rd December 2009. Clearly this issue about " determing the manner in which the credit limit is set could now possibly be given a high profile"-If anyone else has more information on this it would help to see it posted here.

 

do you have the judgement by any chance?was a bit surprised to hear that judgement was issued on the 13th November as I thought the judge wanted a couple of weeks to think about it.

Also I thought it was heard in the Leeds County Court.

Is it just me or is the HMCS website the biggest pile of crap online?virtually impossible to find anything you want on it.

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do you have the judgement by any chance?was a bit surprised to hear that judgement was issued on the 13th November as I thought the judge wanted a couple of weeks to think about it.

Also I thought it was heard in the Leeds County Court.

Is it just me or is the HMCS website the biggest pile of crap online?virtually impossible to find anything you want on it.

I phoned Leeds County Court and they gave me the details -since I did not know who the bank was I simply mentioned Judge Langan and Mitchell and a rough idea of timescale. The case was heard at Leeds County Court, but proceedings I understand commenced in Harrowgate County Court and presumably transferred to Leeds County Court. It is quite conceivable that this is not the case in question, I am afraid I do not have the judgement. If I have got it wrong I apologise

 

Sorry to take so long to reply-those charming people at AA Credit Card and Bank Of Scotand are sending a "Representative" around to my place on Tuesday, so I have been involved with Solicitors and decided that since these So and SO s wont reply to my letters to hand the matter over to the Lawyers. Sent letter to AA credit card threatening to call the Police if this Rep turns up-but there again they dont respond to letters. If they cant enforce it in Court they try and enforce by harrassment!!-very stressful

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  • 3 months later...

Following the recent demise of Cartel Client Review and alleged demise of Ratio Money today on other thread I thought it might be an idea to see if anyone has had any benefit from a CMC and if so what.

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Following the recent demise of Cartal Client Review and alleged demise of Ratio Money today on other thread I thought it might be an idea to see if anyone has had any benefit from a CMC and if so what.

 

Cartel Client Reveiw were on the local Northwest News tonight they certainly benefited 70.000 customers at £495 and the MD paying himself £730,000 PA. He did not turn up to be interviewed on the show as he promised.

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Questions asked in the house now

 

From yesterday's Hansard (the official verbatim report of Parliament business) in "Business of the House" http://www.publications.parliament.u...srd/chan64.pdf (pages 389/390) - I know it's already been posted but I thought people might like the link to it.

 

 

Tony Lloyd (Manchester, Central) (Lab):

May we have an early statement on the suspension by Justice Ministers of the Cartel claims handling company, which has milked about £20 million off the public and done very little work for it? It has refused to refund most of the money that it has taken. In particular, will the question about whether there should be an investigation into possible fraudulent activity by Carl Wright, the managing director, and his associates be part of that statement?

 

 

 

Ms Harman:

Any allegations of fraudulent activity will obviously be a matter for investigation by the police. However, it is important that the Ministry of Justice, in its scrutiny of claims handling, can ensure that we protect claimants from bogus claims-handling services and that we can also protect those against whom spurious claims are made.

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