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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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      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.  

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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.
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      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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I have recently been made redundant for the 2nd time in 6 months, last time I secured another job immediately but this time round I'm really struggling.

 

I have around £17,000 of unsecured debt made up of credit cards, overdrafts and one loan. Most are up to date but there are 3 accounts that are defaulted and with DCAs.

 

I have been looking at the options open to me - I have zero savings or assets as I live with my parents but am keen to keep paying what I contribute to them each month.

 

I am considering going straight for an IVA rather than speaking to CCCS or similar organisation as I have been slowly drowning over the last year or so.

 

Looking for opinions mainly before I go any further

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Why not consider going the CCA route i.e. requesting a true copy of the executed agreement for the three cc accounts that are with DCA's? The request letter is in the Debt Collectors Library. Enclose a £1 postal order and don't sign, print your name or use digital signature. That will at least give you some breathing space. If/when they send agreements, remove identifying details and use one of the free imaging sites such as photobucket for folks here to give their opinion as enforceability. They have 12 + 2 days to comply after which if there is no enforceable agreement you can legally stop paying. There are many members of CAG who have experienced problems far greater than yours (i.e. the amount of debt) and are now in a much stronger position as a result of following this route.

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Sorry I should have said i've already CCA'd the accounts that are with DCAs. I have recently applied to open a new bank account as I can soon see any benefits I get being swallowed up by bank charges and overdraft interest.

 

Is there any point in me writing to each company telling them I can no longer afford to have the account?

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You could but then you would be expected to supply an income and expenditure form. The thing with people like CCCS is they will only help you if you go along that route. Why not CCA the credit cards to see if they have enforceable agreements and the loan. The overdraft might be more difficult but then if it isen't too huge you might be able to come to an agreement with them to pay them off at a much reduced rate. Nothing ventured nothing gained.

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I don't have a problem with supplying an income and expenditure form. My car is worth maybe £500 but I'll probably need it if and when I start working again.

I have CCA'd the loan which was found to be unenforceable, likewise with one credit card.

At the moment the other credit card that's been defaulted has gone quiet, but I also have defaults on my credit file from 3 catalogues, none of which supplied a CCA.

I currently have £4000 on 3 different overdrafts, £1500 on one catalogue, £1750 on another, and lots on other credit cards so I need to do something soon

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So forget the catalogues, they won't have agreements, good news about the loan and one CC, now why not go on to do the others as well. With regard to the overdrafts, any charges on them? If they took you to court, the DJ would look at your circumstances and set payment to suit, then if you broke that, you would get a CCJ, you have no property they can get hold of so you are safe and so is the car. Your credit rating is stuffed anyhow. I know it can all seem a bit much taking these credit cards on and you can seem to be drowning in paperwork but at least you are being proactive. Have a look at the legal successes forum for people who have been successful in dealing with the catalogue companies.

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I claimed back my charges on all credit cards and overdrafts a few years ago and at the moment I'm up to date on all accounts.

 

I would rather include every account I owe money to rather than start some kind of payment / management plan and find other accounts appear from nowhere.

 

My biggest concern is the council tax debt I have been paying back at £92 per month. the funds have all but run out now and I still owe around £285. The council were quite clear that if I didn't stick to the plan I'd be straight to court, and I know there's no way they'll just wipe the remainder of the debt.

Does it make any difference that I'm in Scotland rather than England?

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The only option I have is that I have a final salary which consists of holiday pay I was owed from my employer, due at the end of the month. I have created a whole bunch of letters to go to each creditor stating that I am now unemployed with only benefits coming in now and offering to pay £1 a month to each.

 

Realistically though, does anyone know what the chances are that each creditor will accept this?

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Ok so I've sent off letters to all the creditors I'm up to date with (ignoring the ones who don't have enforceable CCAs) to tell them i'm now unemployed, along with a breakdown of my income and outgoings, but I've only sent them 1st class not recorded, how long should I allow for each creditor to reply to me before taking the next step?

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I've been paying off my council tax debt at £92 per month and have about £285 left to pay. The account is in both my name and my former flatmate's but I have recently found out he was declared bankrupt in April 2009. Is there any way I can find out what was included in the bankruptcy to see if we've both been paying the same debt? Also if he's not included in this, is there any way I can get half of what I've paid back off him?

I realise I'm probably clutching at straws on the latter but I'd really like to find out what debts are included.

 

Thanks,

Wildheart

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Hi

 

Usually council tax and utility debts are joint if you live together, therefore if your ex went bankrupt, the debt should have been included in his bankruptcy. I would suggest contacting the council to see if there is anything more outstanding. Are you still in contact with your ex to find out who dealt with his bankruptcy and which debts were included in this? This should also be shown on his credit report

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  • 2 weeks later...

I have recently gone to Citizen's Advice to see about going bankrupt, and they have stated that if he went bankrupt that's probably why the suddenly started chasing me for the outstanding balance.

 

I am now being inundated with phone calls from a few of my creditors regarding payments, namely Barclaycard and Capital One. I have told them I am filing for bankruptcy but they are still phoning all the time. (I am still waiting for confirmation of my council tax account balance before I officially file for bankruptcy)

 

Does anyone know how long the process takes, from when you pay the fee for bankruptcy, to when it's actually granted? I don't think I can cope with many more phonecalls. I can't not answer the phone as I am applying for a lot of jobs just now and would prefer not to deal with these morons.

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Does anyone know how long the process takes, from when you pay the fee for bankruptcy, to when it's actually granted?

 

Depends on how busy the court is at the time.

When I filed at the court for my BR it took about two weeks to get my court date.

Once you go to court, and if everything is in order, the judge should adjudge you bankrupt, effective immediately.

 

Do you have an estimate of how much your council tax is?

I wouldn't worry about it being 100 percent accurate, just as long is you list it in your SOA.

 

Not to put a dampener on things but even after I have been declared BR'ed I still get the odd phone call and letters from DCA's looking for thier money. One creditor just doesn't seem to give up and accept the situation that I'm BR'ed and keeps on moving the debt around to different DCA's.

I don't care because I know that they cannot do anything about it and they are just wasting their time! :)

However, after the last lot of letters that I have sent them things do seem to have gotten quieter. No phone calls from them for over three weeks now!

:p

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