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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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sorry Andy,

all I have is a letter of asignment from the new owner and not the previous owner..and I asked for the deed so as to prove ownership of the debt...as the letter does not prove anything.

 

Johnny

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Fair enough Johnny if the DJ allowed the request good for you but a lot of Caggers do get them mixed up

 

Andy

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cheers Andy..I didnt want to come accross as if I were trying to tell you your job..after all i'm asking you for the advice feel free to correct me anytime..

I really appreciate your help!

 

Johnny

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  • 3 weeks later...

Hi Andy, hope you are well..

 

The docs that the Claimant has served are all faulty, the court has asked if I am happy with what the claimant has sent..

I said no..because of the dates on the docs they cant relate to the claim..

should I request the same docs again? or accept them and use them as defence?

i have to put it in writing to the court what I am unhappy with..not under order tho..

can I ask for proof of service of the DN and LOA?

 

 

Cheers.....Johnny

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Hi Andy, hope you are well..

 

The docs that the Claimant has served are all faulty,:D the court has asked if I am happy with what the claimant has sent..

I said no..because of the dates on the docs they cant relate to the claim..

should I request the same docs again? or accept them and use them as defence? If thats what they have no point as only duplicates will be furnished

i have to put it in writing to the court what I am unhappy with..not under order tho..

can I ask for proof of service of the DN and LOA? NoA Absolutely

 

 

Cheers.....Johnny

 

 

Regards

 

Andy

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  • 4 weeks later...

Hi Andy, hope you are well..

 

quick update.. sent in defence and i'm waiting of the outcome..meanwhile the dca has sent a statement of acc stating that the full amount due is arrears..

do you think this is a plot to try to misslead the court into thinking the amount claimed is arrears?

would they have to prove that the amount is correct?

 

 

Johnny

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Hi Johnny

 

Well whatever they claim, the statements, the DN, the Summons and any termination must read the same.What ever they wish to call it arrears or balance or outstanding debt is neither here nor there.

 

Regards

 

Andy

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  • 2 weeks later...

Would depend on the Claimant raising it in their case.

The Carey case has clarified that the court has the power to declare whether there has or hasnt been a breach of section 78 and all cases will be considered on its own facts. It has clarified that a mere breach of section 78 will not of itself create an unfair relationship but that is not to say that such a breach is never going to be capable of creating an unfair relationship.

The emphasis in the Carey case on section 78 appears to have obscured the real claim that exists under section 61(1)(a) and 127(3) of the Act. These sections dictate that a creditor must be able to produce a signed document (not necessarily the credit agreement) that contains the prescribed terms. The document must include the credit limit, the interest rate and details of how and when a debtor is to make payment. A failure to produce such a document is still capable of rendering the agreement unenforceable.IMHO

Regards

Andy

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thanks for the reply Andy..

 

I'm being attacked by all sides at the min..bit depressing really..

 

if a creditor splits a debt with no mention of arrears.. and gets a ccj for a small part..can they legaly then issue another claim for the rest? and if not.. is it up to me to point that out before they start a new claim.. bit like accepting unlawful rescission..

 

cheers...Johnny

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Cant split a debt and if they have and gained a CCJ then a set a side would be the order of the day because it has obviously gone undefended and gained by default through Northampton.

 

Andy

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Hi Andy,

 

they actually got the ccj by acceptance..I thought it was for arrears..but there is no mention of arrears in the poc.. plus it was far less than the balance.. I asked them why they did this and they said it was because it was cheaper.. who for them or me? lol

can I still get this set aside? as after finding this place i realise that I should have defended in full as I have a termination notice and default notice that were served on the same day..

 

thanks...Johnny

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Hi Andy,

 

they actually got the ccj by acceptance. By you, you accepted it?.I thought it was for arrears..but there is no mention of arrears in the poc.. plus it was far less than the balance.. I asked them why they did this and they said it was because it was cheaper.. who for them or me? lol Them lower the balance lower the Court Costs

can I still get this set aside? Bit Tricky now you have accepted it and how long ago are we talking? as after finding this place i realise that I should have defended in full as I have a termination notice and default notice that were served on the same day.. If only hindsight hey??

thanks...Johnny

 

 

 

Andy

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Shouldnt, but they never fail to suprise me :-obut this time you will be prepared8-)

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I thought it was illegal to split the debt.. I read it on here somewhere..

so can I defend the rest using unlawful rescission now that I have the DN and TN that were sent on the same date...as I should have done with the first part?

 

Johnny

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You read it here my post 86.Have they commenced litigation on the second part? Is this the part of this thread/debt Johnny? If so has i have asked how old is the CCJ?

I was under the impression you was just asking the question.

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this is another debt.. no news on the one on this thread..

yes I read your post but also read it elswhere..l.. found it..

 

35.

Division of causes of action.

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts

 

does this apply to that debt?

 

Johnny

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this is another debt.. no news on the one on this thread..

yes I read your post but also read it elswhere..l.. found it..

 

35.

Division of causes of action.

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts

 

does this apply to that debt?

 

Johnny

 

 

Thats the one!!

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  • 2 months later...

Hi Andy, Hope you are well..

got a date for a hearing coming up re original cc debt..

I submitted my amended defence.. but have not had a reply from the claimant.. i got a copy of their AQ and thats all..

are they supposed to respond to the defence?

the hearing is set for the middle of dec.. i'm trying to do a witness statement now.. but not exactly sure what to put in it at the moment.. i have since found docs in support of money in dispute with the OC that show I have a reasonable counter claim for unfair charges and ppi.. is it too late to make a counter claim?

for my witness statement.. I have..

No compliant NOA

No compliant DN

illegible CCA without terms

default registered by OC without sending DN and a letter saying they would register a default and sell the debt.. no mention of DN in any of their comms

unsure what to do about costs..

bit stuck on how to word it all at the moment.. any help would be greatly appreciated

 

Johnny

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Hi Andy, Hope you are well..

got a date for a hearing coming up re original cc debt..

I submitted my amended defence.. but have not had a reply from the claimant.. i got a copy of their AQ and thats all..

are they supposed to respond to the defence? They will later in their WS

the hearing is set for the middle of dec.. i'm trying to do a witness statement now.. but not exactly sure what to put in it at the moment.. i have since found docs in support of money in dispute with the OC that show I have a reasonable counter claim for unfair charges and ppi.. is it too late to make a counter claim? No this can be done vis a N244

for my witness statement.. I have..

No compliant NOA

No compliant DN

illegible CCA without terms

default registered by OC without sending DN and a letter saying they would register a default and sell the debt.. no mention of DN in any of their comms

unsure what to do about costs..

bit stuck on how to word it all at the moment.. any help would be greatly appreciated

 

Johnny

 

Search out Dizzie Diva/ MBNA I have prepared one for her which was successful this with give you an idea content layout.

Regards

Andy

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thanks for the reply Andy..

when do I submt the N244? When you have prepared you claim

 

is it with the WS ? and also do I have to specify an amount? well yes

also can I claim compensation for registering a default without sending a default notice? no dont go there they would simply state they did send one

 

thanks..Johnny

 

Andy

 

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thanks Andy..

 

would a letter of intent to register a default and sell the account to a third party qualify as a termination of an agreement?

the letter says.. unless you pay £xxxx amount before xx/xx/xx we will register a default on your credit file and sell your account to a third party..this means that you will no longer be a customer of xx and responsibility for recovery of the outstanding balance will be solely that of the purchaser.

 

Johnny

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