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    • 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.  
    • Sleep apnoea: used to require the condition  to be “completely” controlled Sometime before June 2013 DVLA changed it to "adequately" controlled. I have to disagree with MitM regarding the effect of informing DVLA and S.88 A diagnosis of sleep apnoea doesn't mean a licence wont be granted, and, indeed, here it was. If the father sought medical advice (did he?) : this is precisely where S.88 applies https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf p.4 for “new medical condition” It is shakier ground if the opinion of a healthcare professional wasn’t sought. in that case it is on the driver to state they believed they met the medical standard to drive. However, the fact the licence was then later granted can be used to be persuasive that the driver’s belief they met the standard was correct. What was the other condition? And, just to confirm, at no point did DVLA say the licence was revoked / application refused? I’d be asking DVLA Drivers’ Medical Group why they believe S.88 doesn’t apply. S.88 only applies for the UK, incidentally. If your licence has expired and you meet the conditions for S.88 you can drive in the U.K., but not outside the U.K. 
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Mevsthem vs Halifax cca advice


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Hi, First let me say what a wonderful site this is. So much information in one place is great. I am currently starting with the request for cca's from 2 credit cards I have had with the halifax since 1999. After reading the addresses for the Halifax I am still unsure where to send these requests to, regarding not sending to a P.O Box for recorded delivery purposes and also I am under the impression that I should not sign any of these requests, Is this the case ?

Many thanks in advance and I keep you up to date as the case unfolds.

Regards

Edited by maroondevo52
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Hello and Welcome,

 

Send your CCA requests to........

 

 

Halifax Card Services

Pitreavie Business Park

Dunfermline

Fife

KY99 4BS

 

Send recorded, with a £1.00 postal order and yes, don't sign it.

 

Regards.

 

Scott.

Edited by maroondevo52
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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Hi all, After reading hundreds more posts on the forum I am a little worried that I have sent my cca requests off wrong. I have sent the cca requests off using the letter template on the 3rd of june and they have been delivered. The thing that worries me is that I have not signed the cca request as people say but I also have not printed my name in pen ( just done done it on the computer). Also I have sent the postal orders off without them having a name on them. I am now worried that they may just send them back as being incomplete. Could anyone please advise me if I have done this wrong or am I stressing for nothing.

Also yesterday I recieved a letter saying my interest rate is going up to 27.95 % variable when im sure when I took the card out it was supposed to be 17.9 % for the life of the card, can they do this ?

I have had these 2 cards with them around 9 years and have always paid the minimum, never defaulted and previously remortgaged to pay them off. What a great help they are.

Many thanks in advance for any help recieved and like you say the more posts you read the more you learn

Kind regards

brooky

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Hi, Just recieved a reply to my 2 cca's today and just wondered if anyone could advise me what to do regards this letter which I have recieved for both my credit cards with the bank. I have not recieved any agreement or even a application form. All that they have sent me is a printed terms and conditions which looks like its just been typed up and this letter in both envolopes. Dont know if its just to warn against any action or what. I Have also requested a SAR too and was wondering if I should wait or reply to this letter.

They have not sent me anything with any signature on at all.

Any help would be greatfully recieved

many thanks in advance

 

 

http://i386.photobucket.com/albums/oo308/faulty500/consumer%20credit/halifaxletter.jpg

Edited by brooky25
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Dont know if anyone has posted this, but this is an interesting read

Crackdown on debt loophole swindlers | This is Money

 

well firstly, the police CANNOT "look into" credit agreements- they have no authority although they may "look into" some of these dodgy customers

 

the rest is just one sided bull**** from the banking industry in a desperate attempt to convnice the great unwashed not to jump on the bandwagon

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Well, with the help of this site all can be done without these companies, I am in the process myself. I would rather donate to this wonderful and helpful site than pay one of these companies, which is what i will do as soon as my finances are in order.

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  • 3 weeks later...

Hi All, just updating my situation so far and wondered if anyone has any advice regards what I should do next. Sent for SAR on both my Halifax visas and my bank account and all that they have sent me is the statements of the three accounts and no signed agreements, well nothing else but the statements. After cca on both visa accounts I received the standard letter and copies of terms and conditions, No agreement.

So on the 15th June I sent a formal notice - account in dispute letter stating that the account enters default on the 19th June.

I have heard nothing until today. Opening the post this morning I have a letter from them stating that they have suplied me with a copy of the agreement and attached is a visa card application form that i signed in 1998. The other visa I have still not had a reply from them. The strange thing with this letter is the dates. I will scan the letter and application form for you to have a look at. Please could someone help as to what to do next. At this time I am just managing to pay the repayments but not for much longer

Any help would be greatly appreciated

regards

 

http://i386.photobucket.com/albums/oo308/faulty500/kirton/classicreply.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/kirton/applicationclassic.jpg

Edited by brooky25
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I'd say that they have sent you an application, which doesn't have the prescribed terms on the signature page. You could write back with a letter along the lines of this one - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

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I'd say that they have sent you an application, which doesn't have the prescribed terms on the signature page. You could write back with a letter along the lines of this one - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

hi can i try to confirm one point

 

i am aware that the prescribed terms must be within the 4 corners and this of course includes the reverse if referred to

 

whenever i see reference to an application form i note that the poster suggests that the prescribed terms must be on the signature page

 

is there a different rule for the prescribed terms when included on an application form?

 

cheers

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Hi, Many thanks 42man for your help and advice. I am in the process of writing a letter along the lines of what you advised. I have been offered a little help from my parents to help me get rid of these debts and was wondering if now is the time to offer a full and final settlement, or should I wait and see what reply I get to this letter first.

 

With regards to my other card, over the weekend I recieved a reply to my dispute letter which looks like an agreement, but again I am a little confused as to whether it is enforcable or not. It does have t&c on the reverse which I have posted. Could someone possibly take the time to have a look and possibly advise me on where I stand regards this agreement. I really need to get these cards sorted out as I cant see a way out when my interest is £30 more than my minimum payment.

 

Many thanks again and your help is greatly appreciated

regards

b

 

http://i386.photobucket.com/albums/oo308/faulty500/agreement1-1.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/agreement2-1.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/letterwithagree.jpg

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Hi... CCA in post 18 is the same has mine and many others on here...Firstly there is no reference on the front of the doc to say the Tand Cs are on the reverse No overleaf no page numbers and no codes that match.Also on the front of the doc it says you have received a copy of and are bound by the Conditions of use ...Which avers to the T and C beeing in another document..Ive not paid halifax a bean in 16 mths ..i also have an invalid DN..:)

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Hi, Many thanks 42man for your help and advice. I am in the process of writing a letter along the lines of what you advised. I have been offered a little help from my parents to help me get rid of these debts and was wondering if now is the time to offer a full and final settlement, or should I wait and see what reply I get to this letter first.

 

With regards to my other card, over the weekend I recieved a reply to my dispute letter which looks like an agreement, but again I am a little confused as to whether it is enforcable or not. It does have t&c on the reverse which I have posted. Could someone possibly take the time to have a look and possibly advise me on where I stand regards this agreement. I really need to get these cards sorted out as I cant see a way out when my interest is £30 more than my minimum payment.

 

Many thanks again and your help is greatly appreciated

regards

b

 

http://i386.photobucket.com/albums/oo308/faulty500/agreement1-1.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/agreement2-1.jpg

 

http://i386.photobucket.com/albums/oo308/faulty500/letterwithagree.jpg

 

the printers code on the bottom left (vertically printed) of the applciation form is 08/00

 

the printers code on the top and bottom of the T & C's is 10/00 (as far as i can see (like mine)

 

that would suggest two separate documents!!

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Many thanks for looking over it for me, I too noticed the code was different on both sides just wanted to make sure. Feel a bit more positive now I know other people have same dodgy looking documents. Would you suggest sending the same letter that 42man has posted as guide for my other card in post 14 and stating the issues I have with this agreement, or is there another template letter which is more suitable ?

Once again thank you very much for your advice

regards

b

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i have had a quick look at the cca and i would make this comment

 

it does say quite clearly that you have recived a copy of conditions copy enclosed.

 

THEY SAY COPY ENCLOSED, WHERE THE TERMS ON HERE, CANT BE IN ANY OTHER DOCUMENT.

 

REGARDS LILLY.

 

 

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Hi LW

 

im intrested to know what you mean has i have the same CCA..the way i see it is halifax say you have received a copy and are bound by The conditions of use..Doesnt that aver to them being in a different doc?? If so..ours are on the reverse..Also on the front of the doc it has cancellation rights..on the reverse it has cancellation rights which are diff from the ones on the front ..Im sure you wouldnt have 2 cancellation rights on one doc, spech being both different :)

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  • 2 weeks later...

Hi, well had a reply from letter for my classic card today. Sent them this letter after recieving an application form

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by yourselves on the 08/July/1998.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing any personal data relating to me on this matter.

 

Yours faithfully

 

 

And guess what, same standard letter saying they have fulfilled obligation and they have sent me a copy of the application form again. Me thinks this is all they have so think its time to stop minimum payments, what do you think ?

 

Sorry if its confusing I have 2 cards one a classic and other on gold card

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