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    • stu007
      Are There Any Social Workers on CAG ?

      By stu007 · Posted

      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.
    • stu007
      Advice needed regarding Eviction

      By stu007 · Posted

      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).     
    • stu007
      Eviction Time Again - Twice In 7 Months

      By stu007 · Posted

      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)
    • Debt_Collector
      Summons to court for a S87 (1) offence

      By Debt_Collector · Posted

      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
    • dx100uk
      Homeowner - Struggling to now pay minimums on unsecured debt

      By dx100uk · Posted

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

triton debt help - am panicking!

mcgilliam

By mcgilliam
in Debt Collection Agencies

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mcgilliam

mcgilliam

Posted
Posted

Hi All, So glad i found this website! Any help dearly appreciated...........

 

I had my natwest student account 'Default/Terminated in February for going beyond my £2k overdraft limit (because of charges)....

 

My debt was passed on to Triton. In May/June I agreed, over the phone, to a 'short term repayment' plan of £50 a month.

 

This month they say the 'short term repo plan' has ended and asked for a income/expenditure, which I have not yet sent. I have ignored their most recent calls and the most recent letter i received suggests if I dont contact them within 72hrs, which is TODAY, "will result in this matter being passed to our solicitors who may commence Attachement of Earnings / Wage Arrestment proceedings".

 

What do I need to do today? I know I should only correspond in writing, but should I ring them today and tell them this?

 

Should I tell them I'm sending an Income/Expenditure. ...... Should I send one?

 

What should my next steps be? CCCS? CAB?

 

Help!

 

mcG

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sequenci

sequenci

Posted
Posted

Hi there, welcome to the forums.

 

When did you take the overdraft out?

 

I think the best palce to start is to take a read of my blog, you can find the links in my signature. By all means you could go to the likes of CCCS or CAB but equally you'll get all the advice and support you need via this very forum!

 

Let us know how you get on!

 

Seq.

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mcgilliam

mcgilliam

Posted
  • Author
Posted

Hi seq, had read your blog before posting. found it very useful,

 

but I am still unsure what to do right now! I have just ignored another call from them!

I've had the account for around a decade, but the overdraft might have been renegotiated a few years ago.

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sequenci

sequenci

Posted
Posted

OK.

 

Triton is just Natwest. Same people, so don't worry.

 

If you've not already done so, move banks to someone else (but not RBS!)

 

only communicate with them in writing. get a budget sheet together and work out a reasoable offer. Are there other creditrors?

 

You mention the debt is ten years old, was there ever a six year gap without payments?

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mcgilliam

mcgilliam

Posted
  • Author
Posted

Thanks Seq, No other creditors.

 

Should I call them to tell them I'll be writing with a proposal, Or is this '72hrs' deadline scare tactics?

 

Also.... My total amount due has increased £50 and I don't know what I'm being charged for?

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sequenci

sequenci

Posted
Posted
I have been paying regularly. But if I'm being charged as much as I intend to pay this month it's going to take a very long time.........

 

Absolutely, you need to find out what they are charging you for, it's likely to be interest I would imagine. You should write to them asking for it to be frozen.

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sequenci

sequenci

Posted
Posted
Thank Seq, feeling better. Are they likely to freeze interest charges at my written request.

 

So long as you compile an I&E form and make a reasonable and affordable offer, it might take a few attempts though - keep it in writing.

 

Lots of useful stuff here:

 

http://www.nationaldebtline.co.uk/england_wales/

 

:)

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Revenant

Revenant

Posted
Posted

Hi mcgilliam

Only a Court has the right to know your I & E so there's actually nothing the DCA can do if you refuse to send them the info plus you're the one that decides how much you can reasonably aford

Sit dowm and do the figure work for yourself and prioritise your debts eg rent/rates/elect/food etc

Good luck

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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sequenci

sequenci

Posted
Posted

Altho revenant may be correct in their statement that only a court can ORDER you to submit an income and expenditure form, a creditor is only going to accept a reasonable offer if it is submitted with a budget sheet. If you wish to get a reaslistic repayment proposal in place then I would suggest filling one in and sending it to the bank, this should then stop further action.

 

You could consider the hold-action route first, but it'll only hold action for a few weeks.

 

Hope that makes sense.

 

best wishes,

 

Seq.

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Revenant

Revenant

Posted
Posted

Hi seq

The general opinion is not to give I & E details to a DCA for not only (As stated) they have no legal right they never believe what's put and have been known to make nasty suggestions (One "aledged" remark from another thread was along the lines of getting rid of the family dog as it was an un neccessary expence)

IMO by giving over your I & E all you're doing is opening the door for more harassment

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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mcgilliam

mcgilliam

Posted
  • Author
Posted (edited)

Thanks seq and rev

 

seq - When you say send it to the bank, do you mean Triton? Or both??

 

Some slightly differing views there, I'd be interested in any more opinions on my next move regarding I/E.

 

I've got to leave the computer till late but would appreciate any more replies, and I will be repy to any questions/ maybe ask some more tomorrow.

 

Thanks All mcg

Edited by mcgilliam
typo
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sequenci

sequenci

Posted
Posted

The general opinion is not to give I & E details to a DCA for not only (As stated) they have no legal right they never believe what's put and have been known to make nasty suggestions (One "aledged" remark from another thread was along the lines of getting rid of the family dog as it was an un neccessary expence)

 

IMO by giving over your I & E all you're doing is opening the door for more harassment

 

R

 

I think we're going to have to agree to disagree on this one.

 

The general opinion of the entire debt advice, court system and credit industry is that an offer has to be submitted with a realistic I&E. This is the only sure-fire way of preventing the debt being passed to a DCA in the first place. I work as a professional debt counsellor for one of the UK's largest charities, I can assure you that further action is much more likely to stop if this process is followed. Of course everyone is welcome to their opinion and I appreciate your contributions to the forum.

 

The family dog thing is crazy, the common financial statement allows pets :)

 

Have a read of this:

 

http://www.cfs.moneyadvicetrust.org/

 

Best wishes,

 

Seq.

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Revenant

Revenant

Posted
Posted
I think we're going to have to agree to disagree on this one.

That's OK and how things work

The general opinion of the entire debt advice, court system and credit industry is that an offer has to be submitted with a realistic I&E. This is the only sure-fire way of preventing the debt being passed to a DCA in the first place. I work as a professional debt counsellor for one of the UK's largest charities, I can assure you that further action is much more likely to stop if this process is followed. Of course everyone is welcome to their opinion and I appreciate your contributions to the forum.

 

The family dog thing is crazy, the common financial statement allows pets :)

 

I quite agree but the DCA didn't think the family pooch was needed

 

Have a read of this:

 

http://www.cfs.moneyadvicetrust.org/

 

Best wishes,

 

Seq.

 

In the end it's down to the OP as to what action they feel is best for them I just don't like seeing the "I wish I hadn't done that" re posts

Good luck

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Tingy

Tingy

Posted
Posted

I have to agree with seq on this one. If you look at all my posts you'll see I too take the view that an I/E sheet is a powerful negotiating tool, and while people are 100% correct in saying only a court can demand it, that doesn't mean you can't volunteer it, and while occasionally it may be used against you (usually where one creditor takes umbridge that you're paying them more for a similar or smaller debt), usually it is a powerful negotiating tool.

 

If you go to any official debt advice place, one of the first things they do is an I/E sheet. It gives a clear black and white picture - or statement of fact. I particularly like the IE sheet (sure there must be one on here somewhere, I have one from elsewhere) that works out pro rata payments for your creditors depending on your IE and outstanding debts. It obviously prioritises priority debts.

 

I always take the view with DCA's at the start do things as follows:

1. Ignore the first letter totally and file it.

2. If you get a second letter, send a Prove It letter in response.

3. CCA them and possibly SAR them - this is where you need to start acting in response to what they send.

 

I know this isn't the "normal" way of viewing things on this site, but it's the way I've always done it and because it's different does not mean it's any less effective.

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Guest Cartaphilus

Guest Cartaphilus

Posted
Posted

I'm still undecided, but I have always sent one, firstly via CCCS, then someone else then just sent copies of what I've by the previous people. The only thing I will not send, on advice from CCCS, is any bank statements or anything of the kind. Though, I imagine I am speaking rhetoric there eg 'sense' anyway.

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