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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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    • 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.  

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    • 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.
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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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Cap1 & CCA return


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The new Para. 6 substitutes the original Para. 11. I think the contents of that original para. and other parts of the original regs. may just mean the difference between champers or just desserts! :grin::grin:

You know it is the other way round. Helpme Tam this woman is driving me bonkers:D

You are joking right I. Why is it you women just can't admit it when you are wrong.

Peter

 

 

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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which woman are you referring to Peter? We CAN admit when we're wrong - e.g., I bought the WRONG shoes, this handbag looks WRONG with this outfit. I married the WRONG man. See....? :-)

 

Bravo! Ladybird1

 

Those from Venus 1 - Those from Mars 0 :grin::grin:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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The new Para. 6 substitutes the original Para. 11. I think the contents of that original para. and other parts of the original regs. may just mean the difference between champers or just desserts! :grin::grin:

You know it is the other way round. Helpme Tam this woman is driving me bonkers:D

You are joking right I. Why is it you women just can't admit it when you are wrong.

 

Peter

 

 

 

 

Morning Peter

 

Did you sleep well? :D:D

 

See what it says at the intro to the amended regs. 2004:

 

The Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI 2004 No 1482) substantially amend the Consumer Credit (Agreements) Regulations 1983 dealing with the form and content of consumer credit and consumer hire agreements.

 

So, they were a LOT different before this!!

 

Para. 11 of the original regs. has been changed!

 

I SO need a copy of those regs! I am going to put an SOS out.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Regulations 2004 (SI 2004 No 1482) substantially amend the Consumer Credit (Agreements) Regulations 1983 dealing with the form and content of consumer credit and consumer hire agreements.

 

Pamthoose were the ammendments isent you iwil find the orriginals if you like but it doesen't change the current possition.

 

I seem to have put my foot in it with the ladies of course you ladies appologiesas much as men after all you usually have more to appologise for( joke)Now get back in the kitchenand do some housework:D .

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Now get back in the kitchenand do some housework:D .

 

Peter

 

What's a kitchen?!? :lol::lol:

 

 

 

Of course the new regs. cover any agreements taken out after May 2005, I would not dispute that, but many of us have agreements older than this that we are disputing and the new regs. are not applicable.

 

Do you really have a copy of the old regs.? You little devil you - you have been holding out on me! Off to your 'relevant filing system' immediately.:-)

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Guest Battleaxe
Regulations 2004 (SI 2004 No 1482)

I seem to have put my foot in it with the ladies of course you ladies appologiesas much as men after all you usually have more to appologise for( joke)Now get back in the kitchenand do some housework:D .

 

Peter

 

This in no way is a decent enough apology. Do I have to come over there and wield my axe? Start doing a proper job with grovelling and snivelling and do it like a man.

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Guest Battleaxe

Only problem with your suggestion Ladybird, mrs peter might have the money earmarked and we couldn't do her out the gains. We could let her know what he saying and she could apply summary justice.

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Regulations 2004 (SI 2004 No 1482) substantially amend the Consumer Credit (Agreements) Regulations 1983 dealing with the form and content of consumer credit and consumer hire agreements.

 

Pamthoose were the ammendments isent you iwil find the orriginals if you like but it doesen't change the current possition.

 

I seem to have put my foot in it with the ladies of course you ladies appologiesas much as men after all you usually have more to appologise for( joke)Now get back in the kitchenand do some housework:D .

 

Peter

 

Peter

 

from the Regs:

 

Coming into force - - 31st May 2005

 

So these modified Regulations are only for executed agreements after that date aren't they???

 

Using the same logic, I assume the 1983 Regs are relevent to agreements after they come into force... anyone know that date?? - do we have a link to these?

 

thanks

[sIGPIC][/sIGPIC]

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Peter,

 

Have you gone into hiding? :D

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Peter

 

from the Regs:

 

Coming into force - - 31st May 2005

 

So these modified Regulations are only for executed agreements after that date aren't they???

Quite right

 

Using the same logic, I assume the 1983 Regs are relevent to agreements after they come into force

Right again - all agreements executed before 31/5/05

 

... anyone know that date?? - do we have a link to these?

Peter may have them but I think he may now be in an air raid shelter somewhere! :grin:

 

thanks

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi I wonder if you can help me.

 

I sent off CCA request to Egg for O/H and S.A.R in the same envelope with relevant fees on 18th January. The deadline for CCA is tomorrow. However, I am a bit concerned if they will reply anyway, as this account closed on default in 2002. He paid their in house debt collecter GOLDTHORN the full amount soonafter.

 

Can anybody help as was this the correct course of action to send to egg???:confused: and direct me to a template letter for the next step?

 

Milly X:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hi I wonder if you can help me.

 

I sent off CCA request to Egg for O/H and S.A.R in the same envelope with relevant fees on 18th January. The deadline for CCA is tomorrow. However, I am a bit concerned if they will reply anyway, as this account closed on default in 2002. He paid their in house debt collecter GOLDTHORN the full amount soonafter.

 

Can anybody help as was this the correct course of action to send to egg???:confused: and direct me to a template letter for the next step?

 

Milly X:)

Milly

 

O/H? help me please with the acronym..

 

there is nothing wrong with sending two or more requests in same envelope - I do it all the time. Regardless of the state of the accounts you are entitled under the act of a response to the CCA.

 

A failure to supply you with an executed agreement will put them in a weak position, regardless of settlement, because if they have no agreement they should never have chased you for any money. It then follows that they cannot profit from you and you can claim for Consolidation - ie a full refund of all their interest and charges plus statutory interest from the date of the first charge.

 

I would wait until you receive your SAR, because what you need here is to identify the dates and all the charges because you will need to claim those for consolidation. When you have that worked out and still not received your CCA, then hit them with an S78 Default notice and demand for the consolidation. If they do not respond favourably, you need to issue an LBA, wait, then procede to Court looking for confirmation that the agreement never existed and needs to be confirmed as unenforceable, request payment in accordance with your consolidation schedule and interest, and cancellation of all defaults recorded unlawfully against you with the CRAs.

 

You know there is such a focus on S85 within this post that S77/78 seems to be ignored... and in response to a previous poster... why aren't there more S85s being raised I would add... why isnt there more S77/78 raised.. - seems equally valid question with very strong grounds to claim.

 

The thing which I miss because I'm soft and need my hand held, is a step by step guide to action to take using either section. But I guess the ink isn't quite dry yet is it Term/Tam et al.???

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5.

—(1) Regulation 3 (form and content of regulated consumer hire agreements) shall be

amended as follows.

(2) For paragraph 4 substitute—

“(4) Subject to paragraph (5) below the information, statements of the protection and

remedies, signature and separate boxes which this regulation requires documents

embodying regulated consumer hire agreements to contain, shall be set out in the order

given by paragraphs (a) to (e) below under, where applicable, the headings specified

below:—

(a) the nature of the agreement as set out in paragraph 1 of Schedule 3 to these

Regulations;

(b) the parties to the agreement as set out in paragraph 2 of Schedule 3 to these

Regulations;

© under the heading “Key Financial Information”, the financial and related

particulars set out in paragraphs 3 to 8 of Schedule 3 to these Regulations;

(d) under the heading “Key Information”—

(i) the information set out in paragraphs 9 to 11 of Schedule 3 to these

Regulations; and

(ii) the statements of protection and remedies set out in Schedule 4 to these

Regulations; and

(e) the signature box and, where applicable, the separate box required by paragraph (6)

below,

and such information, statements of protection and remedies, signature and separate boxes

shall be shown together as a whole and shall not be preceded by any information apart from

trade names, logos or the reference number of the agreement or interspersed with any other

information or wording apart from subtotals of total amounts and cross references to the

terms of the agreement.”.

 

I cant fid a copy of the finished reprint but this is as good as as you well know.Now stop winding me up and get back to you ironiong .Oh but get some of your mates from your knitting circle to sign the pettition.

 

By the way Battleaxe you are welcome to come over but please dont drive you might haeve to reverse into our lane and you know haw bad you ladies are at that;)

Iwill now look up transitional arrangements for SI s

 

Peter

 

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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5.

—(1) Regulation 3 (form and content of regulated consumer hire agreements) shall be

amended as follows.

(2) For paragraph 4 substitute—

“(4) Subject to paragraph (5) below the information, statements of the protection and

remedies, signature and separate boxes which this regulation requires documents

embodying regulated consumer hire agreements to contain, shall be set out in the order

given by paragraphs (a) to (e) below under, where applicable, the headings specified

below:—

(a) the nature of the agreement as set out in paragraph 1 of Schedule 3 to these

Regulations;

(b) the parties to the agreement as set out in paragraph 2 of Schedule 3 to these

Regulations;

© under the heading “Key Financial Information”, the financial and related

particulars set out in paragraphs 3 to 8 of Schedule 3 to these Regulations;

(d) under the heading “Key Information”—

(i) the information set out in paragraphs 9 to 11 of Schedule 3 to these

Regulations; and

(ii) the statements of protection and remedies set out in Schedule 4 to these

Regulations; and

(e) the signature box and, where applicable, the separate box required by paragraph (6)

below,

and such information, statements of protection and remedies, signature and separate boxes

shall be shown together as a whole and shall not be preceded by any information apart from

trade names, logos or the reference number of the agreement or interspersed with any other

information or wording apart from subtotals of total amounts and cross references to the

terms of the agreement.”.

 

I cant fid a copy of the finished reprint but this is as good as as you well know.Now stop winding me up and get back to you ironiong .Oh but get some of your mates from your knitting circle to sign the pettition.

 

By the way Battleaxe you are welcome to come over but please dont drive you might haeve to reverse into our lane and you know haw bad you ladies are at that;)

Iwill now look up transitional arrangements for SI s

 

Peter

 

 

 

YES - BUT, THIS IS THE NEW REGS.!!!!!

APPLICABLE ONLY FROM 31/05/05!!!

 

So, you don't have a copy of the old ones then?

 

BTW - I don't do knitting and my ironing pile is humungous because I spend so much time on here. :)

 

Were you getting lonely in the air raid shelter then?

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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P.S. I have copied your signature and saved it but it's not showing on my posts yet :confused:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Pam - don't you just hate "four letter words?"

 

WASH, COOK, IRON. DUST :lol: :lol: :lol:

 

Yup! They should all be abolished. Shall we start a petition? :D

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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OK guys - I'm going to throw something else into this melting pot - take a look

FSA fines GE Capital Bank

 

I particularly like Nos. (2) & (6) of the FSA's Principles for Business.

Please excuse me if this has been raised previously, and I'm prepared for you to all shoot me down in flames!

 

 

p.s. Here are the four letter words I DO like:

 

Shoe. Wine. Food. Shop. Cash

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