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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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Cap1 & CCA return


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more confusion lol

 

Thats not good what is confusing tell me and then we can be confused together

 

Regards

petr

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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Hi Peter

 

Maybe it does, as I don't have a copy of the actual regs. to refer to. The main point I have been trying to make is that errors such as this will not make an agreement unenforceable, as has been suggested.

 

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 Pam

 

A ver nice man has sent me a copy of the 1553 regs would you like a copy.

Send me a email and i will send it return

 

Regards

Peter

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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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i'm just confused about if the agreement i have with black horse is unenforceable or not, that's my confusion, before i tell them that it is, i'd want to be sure where i stand. they have til the 19th of may to fully comply with my CCA request so i've got time to play with so to speak.

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i'm just confused about if the agreement i have with black horse is unenforceable or not, that's my confusion, before i tell them that it is, i'd want to be sure where i stand. they have til the 19th of may to fully comply with my CCA request so i've got time to play with so to speak.

 

Hi

 

This is the easy test:

 

Does the agreement contain all of these:

 

The Amount of Credit (not applicable to running account agreement)

 

The Credit Limit (or a statement as to how it is to determined/notified to you

 

The Interest Rate

 

The amount/frequency of Repayments.

 

And is it signed by you.

 

If the answer is yes to all of the above PRESCRIBED TERMS (where applicable) and your signature is present then the agreement will not be UNenforceable, no matter what else is wrong with it.

 

For any other errors/omissions that may have been made, the agreement will be 'improperly executed' and enforceable on an order of the court only. In these cases the court will assess the level of prejudice caused to the borrower and if it allows enforcement it may make changes to the agreement in order to compensate the borrower.

 

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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Hi Pam

 

A ver nice man has sent me a copy of the 1553 regs would you like a copy.

Send me a email and i will send it return

 

Regards

Peter

 

 

DAMMMM

 

ive just paid £6.10 TODAY for a copy......:mad:

 

Was going to pdf them and post em......grrrrr

 

ah well never mind

 

ps wanna see a REALLY crap agreement. NO T&C supplied either

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-763464.html

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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I think it does, but i've just noticed that it does have PPI which i'm pretty sure i never agreed to, but seems to be of the agreement and monthly repayments. what i also see is there is no box to tick to say that i wanted the PPI or not. should this be there?

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i'm just confused about if the agreement i have with black horse is unenforceable or not, that's my confusion, before i tell them that it is, i'd want to be sure where i stand. they have til the 19th of may to fully comply with my CCA request so i've got time to play with so to speak.

Hi

What Pam says is as alway correct if was beomg picky i might add that ther must be a term stating the credit limit or the manor in which it is to be determined or if there is no credit limit in the the credit limit prescribed term

 

I have not been following your story have you gt a copy sent by them under section77-78.

Is it a true copy of the orriginal or is it just a current agreement is it in the form you would expect in consideration of the date you signed the agreement ?

In other words could you keep them in default for not issuing an orriginal copy.

 

Just a thought

 

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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Seems to be, anyone else?

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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hmmmmm just ran it past the fas checker and it came back 13%

 

strange.

 

what is the variation allowed in calculating apr?

 

what was the base rate?

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Think variation allowed is 0.1 if above, 1% if below actual

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Apr has to be calculated from something. usually a base rate something like

"fantastic loan" @10% (APR 12.5%) etc...or have I got it wrong again :-)

I have an agreement where both are visible mind you the rate may be variable which could explain it

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi

 

Sorry Jones, but that is not correct. The only circumstances in which an agreement would be UNenforceable is if it did not contain all of the 'prescribed terms' or was not signed by the debtor, or if a cancellation notice was not sent to the debtor after a cancellable agreement was made.

 

If there is any other omission or error the agreement is 'improperly executed' and enforceable at the court's discretion.

 

Regards, Pam

 

Pam, I have had a look at the OFT guidelines again and I can see you are quite right and I stand corrected.

 

I was using the wrong phrase because in my own mind it is sort of unenforceable until the courts issue an order. It's more akin to a temporary unenforceable state. I will try to remember in future that it is actually referred to as improperly executed.

 

Many apologies to every one I have incorrectly advised and thanks Pam for putting me right.

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I thought it was also if the presecribed terms were incorrect.

 

Just received my loan agreement. It states: APR 11.9; Loan £5000; interest £1355.68; Total Amount Payable £6355.68. No other sums/charges stated. By my reckoning APR should be 13%.

 

Is this an example of a prescribed term being incorrect?

Jay-R

 

Hi

 

Yes you are right - the prescribed terms must also be correct (as must any other financial terms) but APR is not a 'prescribed term'. Also it is very complicated to work out and I wouldn't have a clue how to tell whether a quoted figure is correct or not.

 

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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Pam, I have had a look at the OFT guidelines again and I can see you are quite right and I stand corrected.

 

I was using the wrong phrase because in my own mind it is sort of unenforceable until the courts issue an order. It's more akin to a temporary unenforceable state. I will try to remember in future that it is actually referred to as improperly executed.

 

Many apologies to every one I have incorrectly advised and thanks Pam for putting me right.

 

Hi Jones

 

It's so easy to get confused! I was talking utter rubbish just a few posts ago and had to go back and correct it all!! :eek:

 

I just hope everyone realises that we are all novices and not legal eagles!! :roll::cool::)

 

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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Hi

 

Yes you are right - the prescribed terms must also be correct but APR is not a 'prescribed term'. Also it is very complicated to work out and I wouldn't have a clue how to tell whether a quoted figure is correct or not.

 

Regards, Pam

 

 

Hello Pam,

 

hope you well...Just a quick question (Creation finance, store card)

when i applied for the card and feld the application in store, i was given the copy of the application form, the card had been accepted...the account is now closed. Under CCA request they sent me 2 times an unreadble copy of that application, and when i spoke to the lagal manager over the phone, she confirmed, that they provided me only that copy of the application and week later supplied me with T&C9 i do not remember,but it's not as important)...I hardly can read the copy of the application....i sent them 2nd request for the properly executed agreement and deadline's expired.....

In their letter they confirm that it's an application form...But i believe it has the prescribed terms but doesn't have APR( does have credit limit, 2 signatures, wording "Credit agreement requlated by the Concumer credit Act 1974)...

 

Now, can i still demand the copy of the agreement, as i more than sure it wasn't any apart from this one

 

 

Thank you

 

 

Kind regards,

 

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Hi Maria

 

How are you doing? :)

 

Forgive me if I'm being thick, but why are you requesting an agreement for an account that is closed?

 

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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Hello Pam...I am claiming my charges back, and (guess what)..PPI as well:))) but i had paid it in full and closed so i couldn't spend more on the card-selfprotection:)))

xxxx

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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A creditor to comply with sec 77/78 must supply not only the true copy of the agreement but any other document referred to in it.

 

This is interesting has in my case the creditor is pleading compliance when in fact to comply a copy of the PPI document referred to in the agreement must also be sent.

 

I think people should be aware when making CCA requests the creditors obligation extends beyond not only supplying the original agreement but any other document referred in it.

 

Paul

 

You are right

 

But, not according to TS!!

 

They are shameful - my caseworker said that he would ask the lender IF they had to supply certain docs and because they said no, he has accepted that!

 

Also, my request was made in August 2006 to which they sent me an agreement with no prescribed terms only, no T&C's etc. The TS worker has asked them to supply the T&C's now and told me that I can go into any branch to get them!!!!

 

He has also said that becausae i didn't specifically ask for a statement of account, they don't have to provide one (I did ask for one, and I also said that this is a full request under sec 78)

 

What tha fa?

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