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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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unluckyone
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I've received a response to my CCA request, from Howard Cohen telling me that, although they were chasing me for a debt for Wel Fnce, as they are not the original creditor, they can't provide me with the agreement, and that I should contact Wel Fnce directly. They've also sent me a £1.00 cheque, NOT the original postal order.

Question is, can they ignore the CCA request like this, and is there some kind of catch in banking their cheque when they haven't send the original PO back...

Can I now place this account in dispute?

 

Many thanks

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No they can't & they are well aware of the following;

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale and insert the paragraph quoted into it.
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Many thanks Cerberus, So I can put the account in dispute with Howard Cohen even though they now say that they were only acting on instructions from Wel Fnce?

If I understand correctly, because they have had dealings with the account, then they are obliged to pass the CCA request to the OC.

They are saying that it is me that should be doing the CCA request direct to Wel Fnce, but they have an obligation under s.175.....

 

Just want to be sure so that I don't fire off a needless letter.

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Thanks Cerberus again, sent the letter with added text. Pgh7447, no court summons yet, should I expect one soon?

I've read what lowlife they are elsewhere on the forum.

We'll see what the latest letter throws up.

 

Thanks again for your invaluable advice

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just received a reply from Link, they say that they are going to need 30 days to get the CCA from Ford Credit.... Thing is, FCE have got a CCJ issued against me, I've seen it on my file. Link then bought that same debt and they have put a default on my account as well. Can Link put a default on my CR File for the same debt?? I'm sending them an account in dispute letter tonight. I didn't think they'd be allowed to beggar up my credit file like this, I've been punished for it once already with the CCJ.

 

Any thoughts?

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Many thanks Cerberus, only problem might be that they are asking the OC for the agreement after I CCA'd them. Surely they'll find out about it from there? They've told me that it'll take them 30 days to get the agreement. Do I still send them an account in dispute letter as they haven't supplied the CCA in 12+2? Or do I just leave things as they are?

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Many thanks Cerberus, only problem might be that they are asking the OC for the agreement after I CCA'd them. Surely they'll find out about it from there?
Not necessarily.
Do I still send them an account in dispute letter as they haven't supplied the CCA in 12+2?
Yes.
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  • 4 weeks later...

Update, Robbers way have passed the Lloyds overdraft account back to Lloyds. Robbers way have said my balance is now nil. Result, I'll just wait for Lloyds to contact me.

Welscum are playing silly beggars, they replied to my CCA request saying "thanks for the subject access request"!! They sent me an agreement, which I am posting below. They also sent me a statement, again I am posting below. Account in dispute letter sent off via Howard Cohen.

 

Link financial have have told me that it will take them more time to get the original agreement from Ford Credit.. account in dispute letter sent off 12+2 days after the CCA request.

 

I'd like someone's expert input on the Welcome agreement and statement, I know what I think of them, but would appreciate the expert eye.

welcome agreement.jpg

welcome statement 1.jpg

welcome statement 2.jpg

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wanted to add, nothing else was sent, i.e no T&C's, and this was signed at the local welcome office. It was a consolidation of a loan, plus some extra cash on top. I don't know if that changes anything?

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  • 2 weeks later...

Received a reply today from Lloyds, well Moorcroft actually.

Not sure what to make of it so I'll post the link here...

 

http://i890.photobucket.com/albums/ac105/skipjack360/Lloyds%20Album/Lloydspage1.jpg

 

http://i890.photobucket.com/albums/ac105/skipjack360/Lloyds%20Album/Lloydspage2.jpg

 

Its page 1 that interests me, I don't think they're giving me any information that helps at all. I haven't CCA'd Lloyds because its an overdraft, but they've sent this rubbish. Are they trying to make out that this is a statement? No agreement in sight though..

Many thanks

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Well it does say it doesn't contain all the information & if you want more to get in touch with them.

 

So they're goading me into sending a SAR ?? If I want more information, then I have to pay ten pounds. I presume that's what you meant by your post.

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