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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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nataliejh123/Egg/ARC


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Hi,

 

Is it ok to add my EGG/DLC situation to this thead?

 

My position is that i have just sent cca letter to EGG, and DLC are calling to try and arrange payments - what do i tell DLC?

 

Secondly - should i also SAR EGG ?

 

Many thanks

 

i would start your own thread.

 

nothing, never talk on the phone to a DCA!.

 

let then sweat.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well as i thought ARC have rejected my payment offer and have said they/their clients require an income and expenditure from me.

 

Am i right in thinking that the only people i'd have to provide this to are the courts?

 

Even if i do provide one it doesn't mean i'll be able or willing to pay any more per month than i've already offered.

 

They've said i've got 14 days to send the info or they'll instruct their solicitors who i believe are Trevor Munn. Does anyone know if they ever take anyone to court? I've seen threads where they've made threats but no idea if they ever take it further.

 

Thanks

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Well as i thought ARC have rejected my payment offer and have said they/their clients require an income and expenditure from me.

 

Am i right in thinking that the only people i'd have to provide this to are the courts?

 

Even if i do provide one it doesn't mean i'll be able or willing to pay any more per month than i've already offered.

 

They've said i've got 14 days to send the info or they'll instruct their solicitors who i believe are Trevor Munn. Does anyone know if they ever take anyone to court? I've seen threads where they've made threats but no idea if they ever take it further.

 

Thanks

Natalie it looks as if the telephone monkeys at the other end are also on a leash and captive of their own procedures and rules.

 

I understand I&E lists are invariably accepted as read. They are not judges and have no power or inclination to dispute or investigate the spendings on the I&E, nor would they pass sarky comments on how rich you are not. Reading between the lines you feel it is an intrusion into privacy which of course it is. But if DCAs are not allowed to intrude in one way they will do it in another. As for whether they will bite as they bark and take you to court that's hard to tell. The debt needs to be big enough to be worth their legal costs, and they need to believe you can afford to pay more. A court ruling to pay £1 a month is hardly worth the DCA's effort. While all this goes on, there is no telling if they will not make endless nuisance calls day and night. :-o

 

If your I&E looks even half reasonable and in keeping with your proposed monthly payment, it lets the telephone monkey off the hook. Just that if the I&E says there is £100 to spare at the end of the month earmarked for a restaurant visit with wine then they would not accept £10 monthly payment offer :eek:. The I&E does not commit them to accept an offer, nor does it bind yourself, it is merely info to assist a decision on their part, along preset guidelines. A satisfactory I&E would enable them to accept your proposal. If the monkey accepts a payment proposal without the support of an I&E then the monkey could himself be thrown out of a job.

 

Best of luck Natalie. ;)

 

 

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Hi Natalie, I'm also dealing with Egg/Arc/Trevor Munn.

 

I put my account into dispute after CCA'ing, the dispute letter was dated 1st Jan and I haven't heard a peep from them since. Will keep you posted if I do hear anything.

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Well as i thought ARC have rejected my payment offer and have said they/their clients require an income and expenditure from me.

 

Am i right in thinking that the only people i'd have to provide this to are the courts?

 

Even if i do provide one it doesn't mean i'll be able or willing to pay any more per month than i've already offered.

 

They've said i've got 14 days to send the info or they'll instruct their solicitors who i believe are Trevor Munn. Does anyone know if they ever take anyone to court? I've seen threads where they've made threats but no idea if they ever take it further.

 

Thanks

 

i really think you need to CCA these monkeys.

 

on the front of the payments, sorry, but YOU need to take control of your money NOT them.

 

write TELLING them they will only be getting £XX for XX mts, then do it by internet banking and the details on the statement.

 

no judge [iF it ever got that far, and that's a BIG if] will make you pay more than what you can afford & in most cases laugh them out the door assigning a LOWER monthly repayment rate, because you have been paying what you honestly believe was your limit, but you MUST do as above and pay without fail [even if its £1PCM]

 

as for the I/0 sheet, its NONE of their business, as you have read, ONLY a judge can demand that.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Mistermind, i have no problem doing a i&e and sending it i just don't really want the info going to them.

 

I've been paying Egg directly for the past 2 months and they've never contacted me to say please pay ARC instead or that my monthly payment was not enough. I know if i start coughing up to ARC then they'll take a cut and the debt will take longer to be paid off.

 

 

I've got records on my bank statement to show i've been paying apart from when this was in dispute so hopefully if this does go before a judge they can see that i'm trying to clear it.

Edited by nataliejh123
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My debt's for £1800 and I've refused to pay anything since 2 x £5 in August & September, after Egg had passed it to the first DCA, Collect Direct (CDUK).

 

I paid that directly to Egg via online banking, and CDUK were still chasing me for the full amount, and it's that full amount the Arc are still asking for.

 

So Egg have not told them that I have paid that amount.

 

However, if you are still willing to pay then if it ever does go to court this can only look good for you.

 

Please don't worry, I'm quite enjoying the sport of it all now. If my case ever goes to court I will supply I & E to the judge and stick to any arrangement ordered then. In the meantime my cash is going on more important things!

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I think i'll post one last letter to say i won't be sending an i&e as it won't make a difference to the amount i can pay.

 

I've also made sure my payments are set up through Egg's online site so i have 2 records that i'm actually paying.

 

Looks like i might have to end up down the CCA route after all though.

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I think i'll post one last letter to say i won't be sending an i&e as it won't make a difference to the amount i can pay.

 

I've also made sure my payments are set up through Egg's online site so i have 2 records that i'm actually paying.

 

Looks like i might have to end up down the CCA route after all though.

 

To be honest i wouldn't bother telling them, waste of a letter.

i would also be inclined to set up a S/O fron your internet banking, not pay through their online system, it gives them your card info? i'm saying they will, but it leaves the window open for them to request payments using the card details.

 

as for the CCA, you're eventually coming around to our way of thinking;)

 

p'haps, it might well be an idea to send a letter telling them you have set-up an S/O for £xx PCM, as a goodwill gesture on your behalf during 'a' period of fanancial difficulty that you will review in 6mts. As a goodwill gesture on their behalf, to assist you, could they please freeze interest & refrain from levying unlawful fees/charges on the A/C.

 

on tat front also, have you thought about reclaiming all the late fees etc, these are fair game and not covered by the current bank case stay.

you would also get their interest back on the charges & you can charge 8% stat int ontop, due to the loss of the money. there is also possibly PPI you can reclaim through mis-selling? that gets interst repaid too!

 

dx

 

P.S not necessarily this thread, but be aware we do have trolls that are not all they appears to be posting on CAG

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Mistermind, i have no problem doing a i&e and sending it i just don't really want the info going to them.

 

I've been paying Egg directly for the past 2 months and they've never contacted me to say please pay ARC instead or that my monthly payment was not enough. I know if i start coughing up to ARC then they'll take a cut and the debt will take longer to be paid off.

 

The debt is just over £1000, do you think this is a reasonable enough amount for them to chase in court?

 

I've got records on my bank statement to show i've been paying apart from when this was in dispute so hopefully if this does go before a judge they can see that i'm trying to clear it.

You seem to have a mental picture of an Egg manager knowing about you and your account history, and exercising human discretion in coming to a decision. The fact is Egg has (at least had) over 2 million cardholders, and most contact with customers are automated according to their own rules drawn up from experience. You paid regularly, unfortunately you stopped paying last June, and their automated decision-making had you down as an intentional non-payer. They do not have the manpower to fine-monitor the situation and recognise that Natalie is less likely to default than many others. My impression from reading posts is that Egg cardholders as a norm do not receive an Egg letter advising transfer of debt to DCA.

 

Egg obviously are hard up now, no doubt with headcount cut, and apparently dodgy accounts are handed over to DCAs as early as after one month default. You evidently do not like this escalation or this dealing with Egg through a DCA. From reading other Egg postings I have never heard of any account going from Egg than going back to Egg. When such a switch happens at all, it is Egg passing to DCA, then DCA passing back to Egg when the DCA lose all faith in ever collecting a penny. Egg would then pass to a different DCA, Egg would not revert to dealing direct with the cardholder -- that is from what I have read in the Egg Forum. If there are any exceptions not reported to date, perhaps someone can say so. You would get more comment if you PM the Mods to move this thread to the Egg Forum.

 

I would not fancy your chances of making direct human contact with an Egg manager and restoring a direct relationship. Once they pass to DCA they do not want to know any more, they just want money. If you can offer an impressive lump sum on condition Egg resusmes direct contact, that may conceivably get an Egg manager's attention. Apart from that I suspect escalation is one way, no way back.

 

As for DCA, £1,000 could be worth collecting via court CCJ and Charge Order, if they believe there is a realistic chance of getting more than derisory monthly payments adjudicated. Anyone with firsthand experience of your DCA can tip you off what the DCA will do regardless of what they say.

 

But in your maternity condition are not threats continually repeated in phone calls day and night as bad as a real court appearance? As for a judge reviewing your payment record in coming to a decision what you should pay, I doubt if past history is relevant. The judge wants to see your I&E to see what you can pay before setting an amount to be enforced by Charge Orders etc.

 

As for ultimately paying less if you pay Egg direct, well DCAs will also accept reduced settlement if paid in a lump sum. From all sides it is a consideration of the carrot and the big stick to assist in persuasion and bargaining.

 

If you refuse sending I&E to DCA, then escalation by your DCA looks probable. It looks as if you would prefer to de-escalate and go back to the old days of uneventfully paying Egg direct. Now it looks as if you intend to escalate. DCAs and Egg are likely to read a CCA request as a declaration of war, although others say a tough stand hass been known to silence the other side. Verdicts from the Test Cases will be coming shortly. Silence could be temporary as all parties wait for the smoke to clear in court, then they all come back to life with action.

 

It is your case to be run as you see fit. I have probably exhausted all the info I gleaned from reading reports secondhand. Good luck.

 

 

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Thank you for your help Mistermind.

 

I guess i need to get the idea out of my head that Egg will be more resonable than a dca.

 

I was quite happy dealing with DLC, i'm just angry that the account has been passed across to ARC with no warning or reasoning and they seem like the worst dca i've dealt with so far.

 

The reason i don't seem overly stressed is because they don't have my phone number so all contact has been written only, it's taken the pressure off immensly and is probably making me feel braver in dealing with them as i know they aren't calling 10x a day.

 

I will compile an i&e to send to them but am i also able to stress that even though i've provided this i can't juggle my money to pay them more. What happens if they decided from my i&e i can up the payment?

 

Thanks

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I was quite happy dealing with DLC, i'm just angry that the account has been passed across to ARC with no warning or reasoning and they seem like the worst dca i've dealt with so far.

 

The reason i don't seem overly stressed is because they don't have my phone number so all contact has been written only, it's taken the pressure off immensly and is probably making me feel braver in dealing with them as i know they aren't calling 10x a day.

 

I will compile an i&e to send to them but am i also able to stress that even though i've provided this i can't juggle my money to pay them more. What happens if they decided from my i&e i can up the payment?

 

Thanks

 

Postings suggest CD UK is even worse than ARC. Debt collectors have targets to fulfill, possibly some are incentivised with bonus if targets are met. Whereas DCA may have rules of engagements, overzealous individuals exceed same. Some are telephone monkeys, others are telephone gorillas. Gorillas have also developed ways and means of winkling out home phone numbers through different search methods aided by the internet. Some will manage to find the phone numbers of relatives searching by family name, then put pressure on through relatives.

 

Lets cross one bridge at a time. If given the I&E the two sides still cannot agree then deadlock continues. If they are offered £X per month and they demand £X plus £7, a difference of £7 is hardly worth their while going to court. Essential that the I&E does not mention luxury items like going on holiday. They will not check on I&E, they are not Social Security investigators. The monkeys need the I&E to justify their action to their superiors.

 

They will squeeze for blood, but not from a stone. Perhaps if you make an opening offer pitched at a sum a few pounds below what you can afford. If they are adamant in wanting more, then you could give them those few extra pounds you have already prepared for, to show you are co-operative. I believe DCAs focus on monthly payments being kept up without fail, as much on the payment level being the highest agreeable, then not maintained. That would then use up more telephone gorilla time which could be used to chase up some other target.

 

Good luck.

 

 

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http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

DCAs have to be annually licensed by the OFT, or they are put out of business, so if DCA management are scared of anybody they are scared of the OFT. The above is guidance issued by the OFT at their website. Complaints of practices pointedly defying their very own guidance will of course receive best OFT attention (licensing office in west London, with address on the web).

 

Three of the OFT's no-no debt collection actions include ringing day and night, embarassing third parties to put on pressure, and harassing a debtor already certified ill by a doctor. A woman approaching childbirth would be in a comparably vulnerable situation.

 

If telephone monkeys want a marathon wrestling match, the trump car above will nip it in the bud. :)

 

 

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