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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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    • 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.

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Cap1 & CCA return


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Cristal, I'm not sure how I'm going to play it now!

 

I'm tempted to sit back & do nothing:)

 

Oh yes Patricia BP likes writing to me as well - not RESPONDING to my letters, you understand, just writing her own, going on and on and on....as if I'd never got in touch with them at all.

And I'm still awaiting a promised phone call from the Customer Advocate Office....I wonder if they've forgotten, they were supposed to call me back, as confirmed by Alison in customer services on........February 4th.

 

Steve Bailey promised a response by 16th April and Patricia BP promised one by 3rd April. Can you imagine if the situations were reversed?! Just rec'd a letter threatening Default from Matthew MCGrath - as you say, they issue letters as tho we've never been in touch with them at all....do let me know when Alison calls you and don't give her my regards!

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MBNA are the classic case of the left hand having no clue what the right hand is doing. They just blunder on regardless, despite the letters we send.

 

I reckon that's fine, with every letter they just weaken their position, and I still reckon that none of the credit card companies will go anywhere near a courtroom if Section 85 is mentioned. It's just way too big a risk for them.

 

Oh, and I am waiting for three overdue responses from MBNA, Patricia Brassil Poole included.

 

I smile everytime I think of the pendulum of power swinging more towards the customer.

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Thats the gist of it :) as soon as anybody holds data which can personally identify a person the they fall within the scope of the DPA.

 

No, that hadn’t occurred to me, either, but I’m confident that CAG is better at data control than most of our adversaries!

 

Which we need to be, if we are to beat them at there own game.;)

 

Els

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Thats the gist of it smile.gif as soon as anybody holds data which can personally identify a person the they fall within the scope of the DPA.

 

There IS bit of leeway, otherwise every tom, dick and harry would need a license to run their gerbil and hamster forums et al. Common sense dictates when it gets to the point of needing to worry about it.

 

But as a DB being set up for the purpose mentioned here would hold data relating to 3rd party subjects, I'd say it's a must. I must say, I am a bit worried about that aspect. I think Dave and Bankfodder must have a full time job just ensuring that little aspect of CAG remains squeaky clean.

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Hi.. I'm on page 128 and am about to fall asleep after reading this thread for the last 8 hours solid and taking notes!

Can you put me out of my misery please? :)

Has anyone yet gone to court on an S85? Have there been any significant developments in this regard since mid-Feb? And what sort of responses have MBNA, CapOne, Barclaycard et al given in reponse to S85 claims?

 

Please don't make me read through another 175 pages to find out! :D

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Oh ok Jalex, I'll let you off reading another couple of hundred pages!

 

S85. - I think I'm up to date this but no doubt someone will come along & correct me if I'm wrong.

 

The response from CC providers is that the generic "credit card mailer" i.e. the bit of paper that your card is stuck to when it arrives, satisfies S85. We're pretty sure it doesn't, for a number of reasons. However, this has not YET been put to the test....but will be very shortly. Battleaxe is being a "court buddy" for another CAGger who will be pleading S85 - not sure exactly the date, but imminently. And the she will be pleading her own S85 case in court on 9th May.

 

I think I've got the dates correct, but certainly it will all be happening in the 2 - 4 weeks.

 

I know that a number of us have challenged them on S85 - in the main, the responses have been as above, (i.e. the credit card mailer)or they completely ignore you!

 

Hope that puts you out of your misery a little!

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Originally Posted by un1boy

TS probably won't - they don't do anything!

 

 

 

AC, are you sure it's 6 months? I would have thought it was 6 years.....

 

The Human Rights Act doesn't apply to private companies, does it?

 

Yes Un1 it is 6 months from the time that the debtor was made aware of the breach. That is the timescale in which you have to prosecute via a Magistrates Court.

 

Your correct, the Human Rights Act does not apply to private companies and of course that includes the CRA's, FOS & the FSA!!!

However, it would apply in the case of the OFT who are a government body.

 

It is about time that we all seriously considered making a mass complaint to the OFT.

 

The last time I spoke to my local TS fair trading officer, I stated that many consumers are in the same position as me and that because a consumer has to make a complaint about a S78 breach it has to be through their local TS office it would give an unclear statistic about the seriousness of the matter/breaches. She informed me that if ones complaint goes through Consumer Direct, the OFT's consumer arm, then a log of the complaints are made?

 

I am sure that this is probably correct, but surely a mass complaint to the OFT itself would have a significant impact.

 

I will leave you all with the thought...Our Human Rights and the OFT!

 

Love AC

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Don't know if this has been covered, but this morning I have got a copy agreement that CAP 1 are going to be using form June 2007, now this is an agreement.They seem to have gone through the thread and CCA 1974 and adressed all the concerns that have been raised so far.

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sounds good to me AC. I haven't complained to anyone for about....an hour or so,and I'm getting withdrawal symtoms.

 

lmao

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Yes Un1 it is 6 months from the time that the debtor was made aware of the breach. That is the timescale in which you have to prosecute via a Magistrates Court.

 

Your correct, the Human Rights Act does not apply to private companies and of course that includes the CRA's, FOS & the FSA!!!

However, it would apply in the case of the OFT who are a government body.

 

It is about time that we all seriously considered making a mass complaint to the OFT.

 

The last time I spoke to my local TS fair trading officer, I stated that many consumers are in the same position as me and that because a consumer has to make a complaint about a S78 breach it has to be through their local TS office it would give an unclear statistic about the seriousness of the matter/breaches. She informed me that if ones complaint goes through Consumer Direct, the OFT's consumer arm, then a log of the complaints are made?

 

I am sure that this is probably correct, but surely a mass complaint to the OFT itself would have a significant impact.

 

I will leave you all with the thought...Our Human Rights and the OFT!

 

Love AC

 

So AC, if my bank sent me an unenforcbale agreement in August 2006 and I haven't put a court clim in yet, but TS have been investigating, I can't claim and have to do anoyher CCA request?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Steve Bailey promised a response by 16th April and Patricia BP promised one by 3rd April. Can you imagine if the situations were reversed?! Just rec'd a letter threatening Default from Matthew MCGrath - as you say, they issue letters as tho we've never been in touch with them at all....do let me know when Alison calls you and don't give her my regards!

 

 

I pressume this is regarding trying to get MBNA Cust. Adv. Office to call back?

If it is - Colin Pugh is one of them, and is excellent.

His direct number is 01244 672628

If it isn't, I'll shut up now....

 

:rolleyes:

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

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Alliance & Leicester - Final LBA 28/5/7 - then Court.

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I pressume this is regarding trying to get MBNA Cust. Adv. Office to call back?

If it is - Colin Pugh is one of them, and is excellent.

His direct number is 01244 672628

If it isn't, I'll shut up now....

 

:rolleyes:

P

 

Thanks for the number, P. I'lll keep it on file for when I'm at the end of my tether....not quite yet! I've sent over a dozen letters to MBNA. Two have received responses, promising more responses. No sign of a reply to the CCA or SAR letters. Today I rec'd (in a pretty pastel envelope), a letter from Matthew McGrath ('Head of Customer Assitance'), claiming 'I haven't given up on you' and instructing me to call by 25th April ('Please have a Debit Card to hand') or they may pass my account on to their solicitors. It's all pretty and pink graphics and unbelievably threatening, advising me 'Don't ruin your lifestyle' and asking if a piggy bank (illustrated) could be my new best friend...'and when you want to buy something you will have to save your pennies - like you did when you were younger.' The people who work on these campaigns are sick!

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A question for anyone for the benefit of everyone.

 

What should one do, if the credit card company issues a default notice whilst they themselves are in default for providing the CCA.

 

Issue court papers and inform TS?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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So AC, if my bank sent me an unenforcbale agreement in August 2006 and I haven't put a court clim in yet, but TS have been investigating, I can't claim and have to do anoyher CCA request?

 

Un1, the way that I see it, is that once TS agree that the bank is in breach of CCA S78(1) that is the point from which you can prosecute - meaning the date from which you became aware of the posssible (Criminal Offence) at that point the clock starts ticking from that date, which gives one 6 months to take action via a Magistrates Court...If one can obtain legal aid/public funding which is doubtful:(

 

Please be aware that this is only my opinion, I have no legal expertise, the information that I have provided has been given to me by my local TS fair trading officer.

 

Love AC

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Un1, the way that I see it, is that once TS agree that the bank is in breach of CCA S78(1) that is the point from which you can prosecute - meaning the date from which you became aware of the posssible (Criminal Offence) at that point the clock starts ticking from that date, which gives one 6 months to take action via a Magistrates Court...If one can obtain legal aid/public funding which is doubtful:(

 

Please be aware that this is only my opinion, I have no legal expertise, the information that I have provided has been given to me by my local TS fair trading officer.

 

Love AC

 

My TS haven't told me it is defo unenforcable, just that it "could" be and it is down to the court to decide!!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Well I know your opinion on TS un1 - and it's pretty much the same as mine. And we have the "criminal" offence issue yet again. I wish someone would direct me to a definitive document that confirms it is "criminal". I keep asking, but it hasn't happened yet.

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Well I know your opinion on TS un1 - and it's pretty much the same as mine. And we have the "criminal" offence issue yet again. I wish someone would direct me to a definitive document that confirms it is "criminal". I keep asking, but it hasn't happened yet.

 

I have a feeling it would be viewed rather like a parking offence, it is not civil but is not regarded as a heinous crime.:roll:

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

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I hope i'm posting on the correct thread.....I CCA'd Halifax on my Visa Card, using the usual CCA template and rec'd a response today. A long letter but the following jumped out at me:

 

'I acknowledge the receipt of the standard letter received, however the quote relates to secured lending and not that of a visa card. I can confirm that I have arranged a copy of your application to be sent to you, please allow 28 days. With regard to enforcement of the contract with visa cards a copy of the agreeement is not necessaey as by spending on the account or making repayments you have tacitly acceopted the contract and it remains enforceable on this basis.

 

Pleas be advised that if an agreeable arrangement is not forth coming the account will be transferred to Blair Oliver & Scott to instigate recovery proceedings. I do hope such action will not prove necessary and I look forward to receiving your cooperation.'

 

Can this be right? The use of the word 'tacit' is interesting.....

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I hope i'm posting on the correct thread.....I CCA'd Halifax on my Visa Card, using the usual CCA template and rec'd a response today. A long letter but the following jumped out at me:

 

'I acknowledge the receipt of the standard letter received, however the quote relates to secured lending and not that of a visa card. I can confirm that I have arranged a copy of your application to be sent to you, please allow 28 days. With regard to enforcement of the contract with visa cards a copy of the agreeement is not necessaey as by spending on the account or making repayments you have tacitly acceopted the contract and it remains enforceable on this basis.

 

Pleas be advised that if an agreeable arrangement is not forth coming the account will be transferred to Blair Oliver & Scott to instigate recovery proceedings. I do hope such action will not prove necessary and I look forward to receiving your cooperation.'

 

Can this be right? The use of the word 'tacit' is interesting.....

 

It's garbage and bullying tactics - at the end of the day, if they have no agreement then there is no debt, full stop.

 

If they provide the agreement but no prescribed terms that it is completely unenforcable and they cant keep chasing payment or even adding interest.....

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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