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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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      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.

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Debt collectors can view bank transactions??


discod
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Guest Cartaphilus

Just wondering but where you heard about this practice? Wouldn't that be slightly dodgy them doing that eg an offense?

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  • 5 weeks later...
Hi discod

 

That is out of order, I think you should report the matter to the ICO. DCA are only given basic details. http://www.ico.gov.uk/complaints.aspx

Have heard back from ICO and they have said there is nothing they can do but I should report them to the FO and see what they say.....nothing from the bank as yet

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The FSO will more than likely say that as you are claiming a breach of the DPA, it is outside their powers and you must report it to the ICO. The FSO spend more time looking for reasons not to investigate than then they do actually investigating. It is up to either a court or the ICO to decide if the DPA has been breached so the FSO will be correct.

 

The FSO are useless at the best of times, but when they have half a reason to duck the issue, you can bet they will.

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Thats' outrageous - nothing they can do, IMHO you should go public or at least get your MP involved, I know, there as much use as, well, you get my drift:mad2:

 

think i sent it to the office of fair trading im now sending it again to the IRC in Cheshire x

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  • 2 weeks later...

Ok had a reply from the bank this morning.....

My understanding of your complaint is that you feel that Santander breached the D.P.A by referring your account and personal information to Moorcroft. You had previously requested that information was provided by way of statements and copy agreement for the account (which never turned up!!) before you would begin repayments of the debt owed and this information was forwarded to you via Moorcroft.

Whilst I fully acknowledge that which you have been advised about the matter I am unable to concur that there has been a breach of code of conduct in this instance.When your account was opened you were asked to sign an application form which included a Data Protection Statement that advised we reserved the right to refer relevant personal and account details to external agents if required. In signing this form you agreed not only to adhere to the T & C of the account but to allow such a transfer of information to external agents who work on out behalf.

At the time you requested the information the account was already defaulted and closed.Once such action has been taken the account is referred to an external agent to be administered on our behalf. If the agent receives notification that specific information is required by the customer we will provide them to forward to the customer.

 

Just goes on to say no breach of codes of conduct were broken and is therefore unable to uphold my complaint.

Is that it are they right?? can I do anymore ?? any advice is appreciated thanks

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Discod

 

Sorry but Santander are probably correct in their reply. The t&c's of the account would have allowed them to pass details to Moorcroft.

 

I can understand your annoyance of Moorcroft having seen details of the transactions and if you wan't to take this further, you will have to examine with the ICO and others whether you have a right to privacy in regard to transaction details. Did the forwarding of statements showing transactions breach your right to privacy? Was the sending of these statements in this way not in line with the spirit of the t&c's you signed up to ? It is up to you to make the argument.

We could do with some help from you.

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The Eight Data Protection Act Principles

 

The act contains eight “Data Protection Principles”. These specify that personal data must be:

 

1. Processed fairly and lawfully.

2. Obtained for specified and lawful purposes.

3. Adequate, relevant and not excessive.

4. Accurate and up to date.

5. Not kept any longer than necessary.

6. Processed in accordance with the “data subject’s” (the individual’s) rights.

7. Securely kept.

8. Not transferred to any other country without adequate protection in situ.

 

http://www.yourrights.org.uk/yourrights/privacy/data-protection/overview-of-data-protection-principles.shtml

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Ok so can I ask to see this agreement?? the one I apparantly signed saying all my details can be passed to a DCA?

 

Yes, just ask Santander for the account sign up paperwork, which enabled them to process data under the Data Protection act and to pass on account information to third parties.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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cca them £1 blank po

 

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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heya no didnt send any money or ask for statements or anything we asked for a breakdown of the transactions and we got 12 sheets of direct debit payments,transactions etc.Whats a SARN and should I send for one thanks x

 

Its this, see link below:-

 

http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

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I don't think you have much of a complaint against Santander. You would have done if your original request was a SARN and they had passed the response through a third party. Given that you've had the info you've requested, I think you probably don't need to send them a SARN but it might turn up something else I suppose.

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I don't think you have much of a complaint against Santander. You would have done if your original request was a SARN and they had passed the response through a third party. Given that you've had the info you've requested, I think you probably don't need to send them a SARN but it might turn up something else I suppose.

 

Yes like proof I signed saying I gave them permission to pass on personnal details to a third party?! If people dont know about SARN'S it shouldnt make a difference and i will fight this all the way unless the proff does indeed turn up,also 400 quid is made up with charges

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then if it ever went to court the charges issue will certainly be a counter claim.

 

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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