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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • 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
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Threat of Reposession from First Plus Solicitors **SUSPENDED**


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Thanks for the reassurance and taking time out to get in touch with me.

Hopefully Ell-en will get back soon.

I have sent my letter of response regarding the offer by e mail today and the original by recorded delivery.

I pointed out my frustration at how they have started to bully me.

However the fact is I have still been served with a Summons so I have to take this seriously. I have to enter an appearance but don't know what this means.

 

Yours Very W6

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We also got caught by FP and after selling our home we still had a shortfall of approximately £5700! Since taking out your mortgage you will have received letters from FP notifying you that their rate has increased in line with the BOE base rate however when the base rate dropped down FP never stayed in line and kept the interest rate at a high which coudl eb reagrded as Unfair to the consumer..

Maybe when the second mortage was taken out your repayments were £650 but now are at £750 due to the linked base rate increases. It can be argued that FP have acted contrary to section 5 Unfair Terms of UTCCR and more than likely if challenged properly on this aspect they will back off especially if you took this court as a defence or argument. Unfortunately my knowledge on this is limited but hopefully someone with better knowledge of UTCCR will be able to advise as it can be a powerful weapon against FP..

In the meantime only consider selling your home as a last resort. The following benefit from the sale of the house, original mortagage company, then the estate agency, solicitors and FP. By that tiem any equity you had is swallowed up. If it goes to court and you can show that you cna pay the current mortgage plus £100, thsi will probably be accepted b y the judge and you will get to keep your home.

 

 

PS Did you take out PPI with the loan?

Edited by Surfer01
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We also got caught by FP and after selling our home we still had a shortfall of approximately £5700! Since taking out your mortgage you will have received letters from FP notifying you that their rate has increased in line with the BOE base rate however when the base rate dropped down FP never stayed in line and kept the interest rate at a high which coudl eb reagrded as Unfair to the consumer..

Maybe when the second mortage was taken out your repayments were £650 but now are at £750 due to the linked base rate increases. It can be argued that FP have acted contrary to section 5 Unfair Terms of UTCCR and more than likely if challenged properly on this aspect they will back off especially if you took this court as a defence or argument. Unfortunately my knowledge on this is limited but hopefully someone with better knowledge of UTCCR will be able to advise as it can be a powerful weapon against FP..

In the meantime only consider selling your home as a last resort. The following benefit from the sale of the house, original mortagage company, then the estate agency, solicitors and FP. By that tiem any equity you had is swallowed up. If it goes to court and you can show that you cna pay the current mortgage plus £100, thsi will probably be accepted b y the judge and you will get to keep your home.

 

 

PS Did you take out PPI with the loan?

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Hi W6

I really can't offer any knowledgable advice to you i'll leave that to the experts. But I was in court today to get a suspended eviction and with Ell-enns help this we have done. The Judge was very nice and sympathetic to us and really is on your side not the side of the mortgage company. So keep strong and with the help of the people on here you will stay in your house

Take care

Jules

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Hi W6

I really can't offer any knowledgable advice to you i'll leave that to the experts. But I was in court today to get a suspended eviction and with Ell-enns help this we have done. The Judge was very nice and sympathetic to us and really is on your side not the side of the mortgage company. So keep strong and with the help of the people on here you will stay in your house

Take care

Jules

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Thanks to all of you who have replied. ven though I wouldn't wish this on anyone it helps to hear from people who have been through the same thing. It is an awful situation even when you know it is your own fault. I e mailed the solicitor today to complain about their tactics so far. I attached copies of my letter whihc they should receive in the post tomorrow. However I still need to understand what the document means that I received. I am going to the High Court tomorrow to ask.

Ell-enn if you are free I'd appreciate your input.

 

Regards

W6

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Thanks to all of you who have replied. ven though I wouldn't wish this on anyone it helps to hear from people who have been through the same thing. It is an awful situation even when you know it is your own fault. I e mailed the solicitor today to complain about their tactics so far. I attached copies of my letter whihc they should receive in the post tomorrow. However I still need to understand what the document means that I received. I am going to the High Court tomorrow to ask.

Ell-enn if you are free I'd appreciate your input.

 

Regards

W6

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Yes I will indeed. It will be later today before I get free to contact the court.

Has anyone been served with a Summons as I described before?

 

Re your question Surfer01 - I didn't take out PPI with FirstPlus but I was subject to lots of Rate Changes usually upwards!

 

W6

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Yes I will indeed. It will be later today before I get free to contact the court.

Has anyone been served with a Summons as I described before?

 

Re your question Surfer01 - I didn't take out PPI with FirstPlus but I was subject to lots of Rate Changes usually upwards!

 

W6

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Hi

 

I spoke with a member of staff at court yesterday.

The Summons I received is the pre-cursor to a court appearance. When I thought about it again and checked the original letter from the solicitor they had informed me that they would be going to court whether my offer was accepted or not. If it was then they would be asking for a suspended possession order otherwise a full possession order.

I presume that means that I would be getting the Summons either way. Explains the date ofthe document.

Anyway the court advised that I had to purchase Papers called 'Memorandum of Appearance'. We have to fill in 3 copies and provide 1 to the Solicitor, 1 to the Court and hold 1. This is a notification of our intention to attend and defend. I have to do this before 22nd September.

 

Meanwhile I have also sent another letter to solicitors regarding my proposal to pay the arrears. I re-did the I&E Analysis and sent it too. I was able to make a v small adjustment to the payment but have basically stated that we believe the court will give fair consideration to our offer.

Wait and see time I guess.

 

W6

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Hi

 

I spoke with a member of staff at court yesterday.

The Summons I received is the pre-cursor to a court appearance. When I thought about it again and checked the original letter from the solicitor they had informed me that they would be going to court whether my offer was accepted or not. If it was then they would be asking for a suspended possession order otherwise a full possession order.

I presume that means that I would be getting the Summons either way. Explains the date ofthe document.

Anyway the court advised that I had to purchase Papers called 'Memorandum of Appearance'. We have to fill in 3 copies and provide 1 to the Solicitor, 1 to the Court and hold 1. This is a notification of our intention to attend and defend. I have to do this before 22nd September.

 

Meanwhile I have also sent another letter to solicitors regarding my proposal to pay the arrears. I re-did the I&E Analysis and sent it too. I was able to make a v small adjustment to the payment but have basically stated that we believe the court will give fair consideration to our offer.

Wait and see time I guess.

 

W6

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  • 4 weeks later...

Hi Again

 

I have at last received another letter from FP Solicitors and they say that they want me to enter into a payment arangement with the non priority debt loans so I can give them more. They state that since proceedings have been issued already if a payment arrangement gets agreedand set up they will apply for a suspended possession order to safeguard the arrangement from their point of view otherwise they will proceed with full possession order.

I don't know what to do for the best. The 2 loans they talk about - 1 is with Tesco Finance and has been up to dat since it started. The other one was an emergency loan that is also up to date but my daughter is guarantor so I can't mess with this one.

They have given me no idea about timescales - I returned the Memorandum of Appearance but I dodn't know if this means the proceedings will continue soon or not.

Please help.

 

W6

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Hi Again

 

I have at last received another letter from FP Solicitors and they say that they want me to enter into a payment arangement with the non priority debt loans so I can give them more. They state that since proceedings have been issued already if a payment arrangement gets agreedand set up they will apply for a suspended possession order to safeguard the arrangement from their point of view otherwise they will proceed with full possession order.

I don't know what to do for the best. The 2 loans they talk about - 1 is with Tesco Finance and has been up to dat since it started. The other one was an emergency loan that is also up to date but my daughter is guarantor so I can't mess with this one.

They have given me no idea about timescales - I returned the Memorandum of Appearance but I dodn't know if this means the proceedings will continue soon or not.

Please help.

 

W6

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Tell them that you are not going to do that, that is their lot, in fact the court may make you pay less than you are already offering.

 

Cheeky whatsits need reporting to the Solicitors Regulatory Authority for abusing court processes and trying to make you out to owe more than you actually do.

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Tell them that you are not going to do that, that is their lot, in fact the court may make you pay less than you are already offering.

 

Cheeky whatsits need reporting to the Solicitors Regulatory Authority for abusing court processes and trying to make you out to owe more than you actually do.

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Hi and thanks for your reply.

As well as offering to pay an additional sum per month towards arrears I also offered a £1000 lump sum towards arrears as well. They didn't even respond to that sum just ignored the offer and rejected the whole proposal.

I am getting scared again - I can't give any more per month now.

What usually happens next in this process do I just wait until I hear from court? I'd like to prepare as much as I can for this to defend myself.

I have restarted standard monthly payments to FP but have sent no additional money or the lump sum so far. I am going to need every pound if they remove me from the house as I'll need to rent.

 

I have also decided to place the house for sale as I am unsure that I can maintain this financial burden for a long time and I've read the horro stories of people who through no fault of their own find themselves back in court when unable to maintain arrangements.

 

I should get enough from the house to repay FP and the main Mortgage Lender (account up to date).

I don't want to provide FP or their Sols with this info - am I allowed to sell the house without having their permission? A solictor acting for me would handle all the repayments required in the proper way.

 

One other question my husband is unable to deal with this situation he was diagnosed with a psychiatric disorder some time ago. I am keeping this from him to some extent (he knows there is arrears but just waits for me to sort things out). I am fearful for his mental state if this goes to court and we lose. I could speak to his Psychiatrist and get evidence about his mental health. Would medical opinion of this sort be taken into account at court?

 

This also means I deal with this alone so getting feedback on CAG helps on a personal level as well. Thanks to all of you.

 

 

W6

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Hi and thanks for your reply.

As well as offering to pay an additional sum per month towards arrears I also offered a £1000 lump sum towards arrears as well. They didn't even respond to that sum just ignored the offer and rejected the whole proposal.

I am getting scared again - I can't give any more per month now.

What usually happens next in this process do I just wait until I hear from court? I'd like to prepare as much as I can for this to defend myself.

I have restarted standard monthly payments to FP but have sent no additional money or the lump sum so far. I am going to need every pound if they remove me from the house as I'll need to rent.

 

I have also decided to place the house for sale as I am unsure that I can maintain this financial burden for a long time and I've read the horro stories of people who through no fault of their own find themselves back in court when unable to maintain arrangements.

 

I should get enough from the house to repay FP and the main Mortgage Lender (account up to date).

I don't want to provide FP or their Sols with this info - am I allowed to sell the house without having their permission? A solictor acting for me would handle all the repayments required in the proper way.

 

One other question my husband is unable to deal with this situation he was diagnosed with a psychiatric disorder some time ago. I am keeping this from him to some extent (he knows there is arrears but just waits for me to sort things out). I am fearful for his mental state if this goes to court and we lose. I could speak to his Psychiatrist and get evidence about his mental health. Would medical opinion of this sort be taken into account at court?

 

This also means I deal with this alone so getting feedback on CAG helps on a personal level as well. Thanks to all of you.

 

 

W6

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Try and keep the house even if you take in boarders. If not, be aware that if you have a buyer a search is done and it wil show that FP have charge on your house. We did this and because FP dragged their feet for nearly 6 months, our arrears increased resulting in us having a deficit of £5700 when the house was sold. You need to keep on top of FP all ther time. Don't bother notifying them that yiyu are selling until you have a buyer.

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Try and keep the house even if you take in boarders. If not, be aware that if you have a buyer a search is done and it wil show that FP have charge on your house. We did this and because FP dragged their feet for nearly 6 months, our arrears increased resulting in us having a deficit of £5700 when the house was sold. You need to keep on top of FP all ther time. Don't bother notifying them that yiyu are selling until you have a buyer.

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How awful.

Yes I understand that there would be searches done and that the solicitor would repay the outstandng amounts by asking for a settlement figures from the main lender and FP for the 2nd charge.

Sorry for being naive - how did FP interfere with your sale did they refuse to provide figures?

I will take your advice and keep my decision over the sale to myself meanwhile.

This just keeps getting worse with even more to worry about.

 

W6

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How awful.

Yes I understand that there would be searches done and that the solicitor would repay the outstandng amounts by asking for a settlement figures from the main lender and FP for the 2nd charge.

Sorry for being naive - how did FP interfere with your sale did they refuse to provide figures?

I will take your advice and keep my decision over the sale to myself meanwhile.

This just keeps getting worse with even more to worry about.

 

W6

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I have at last received another letter from FP Solicitors and they say that they want me to enter into a payment arangement with the non priority debt loans so I can give them more. They state that since proceedings have been issued already if a payment arrangement gets agreedand set up they will apply for a suspended possession order to safeguard the arrangement from their point of view otherwise they will proceed with full possession order.

It's not their decision as to whether they apply for a suspended possession or full possession !!! They have issued a claim for possession and the judge (Not FP!) will decide whether to suspend or not !! They are trying to scare you into agreeing to do what they want. Why should you get into arrears on your first mortgage or other loans to pay them more? The judge will only expect you to pay the monthly payment plus a little towards the arrears.

When do you have to submit your defence to the court ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I have at last received another letter from FP Solicitors and they say that they want me to enter into a payment arangement with the non priority debt loans so I can give them more. They state that since proceedings have been issued already if a payment arrangement gets agreedand set up they will apply for a suspended possession order to safeguard the arrangement from their point of view otherwise they will proceed with full possession order.

It's not their decision as to whether they apply for a suspended possession or full possession !!! They have issued a claim for possession and the judge (Not FP!) will decide whether to suspend or not !! They are trying to scare you into agreeing to do what they want. Why should you get into arrears on your first mortgage or other loans to pay them more? The judge will only expect you to pay the monthly payment plus a little towards the arrears.

When do you have to submit your defence to the court ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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