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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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SAR?


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Well thankyou for the information, i take a normal SAR form is required. Me and my partner were wrongly tricked into paying £1000+ of rent arreas to get a move as we had four children in a one bedroom. This was a verbal agreement:-x. Didnt know back then what i know now. Now my case is going back to 2000, there is now a total debt of £1648 paid by me for rent, also a fat council tax bill too "waiting for paper work." Me and my partner were always in reciept of benefit, problem being is proof of this. We at the moment are SAR The local council authority for me then my partner £10 - £25 each, Bank £25 SAR, Tenants SAR from local council office £25. Housing Benefit want £10, Council Tax want £10. Has the price gone upto £25 or are they mearly trying to take me for a mug again. By the time im done ill be judge judy "but a male version" and ill be doing the system for its malicious bullying. Any help would be appreciated, as currently trying to save a single mums mortgage, and many friends who have been screwed over by so many organisations. There is one bonus im doing all this from the love in my heart. "okay maybe a little satisfaction of being able to stick my finger up, in a polite political way of course:lol:

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Well thankyou for the information, i take a normal SAR form is required. Me and my partner were wrongly tricked into paying £1000+ of rent arreas to get a move as we had four children in a one bedroom. This was a verbal agreement:-x. Didnt know back then what i know now. Now my case is going back to 2000, there is now a total debt of £1648 paid by me for rent, also a fat council tax bill too "waiting for paper work." Me and my partner were always in reciept of benefit, problem being is proof of this. We at the moment are SAR The local council authority for me then my partner £10 - £25 each, Bank £25 SAR, Tenants SAR from local council office £25. Housing Benefit want £10, Council Tax want £10. Has the price gone upto £25 or are they mearly trying to take me for a mug again. By the time im done ill be judge judy "but a male version" and ill be doing the system for its malicious bullying. Any help would be appreciated, as currently trying to save a single mums mortgage, and many friends who have been screwed over by so many organisations. There is one bonus im doing all this from the love in my heart. "okay maybe a little satisfaction of being able to stick my finger up, in a polite political way of course:lol:

 

I've not come across any organisations that charge more than £10 myself, but ICO guidance does have this to say:

 

A subject access request must be made in writing and must be accompanied by the appropriate fee.
In most cases
, the maximum fee will be £10,
but this can vary
, particularly if the information requested is for health or educational records.

 

I always thought £10 was an absolute upper limit, but from reading that I guess it's more of an average and reasonable ceiling.

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The DWP and HMRC do not charge for SAR's. If they were to introduce a charge, their maximum would be £10. Local authorities may charge - again it's a maximum of £10 for each request (unless it's educational records) but it depends on the authority. Some councils charge, some don't. What council is it?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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It is brighton and hove city council. managed to get a few templates ready i was how ever given a form on their website cannot link as not had enough posts yet there is a SAR form there i have printed out but it looks more a benefit in its writings towards the council, should i use a template and apply for all of my public record?

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Brighton and Hove LA charge £10.00.

 

I've attached their SAR form to this post. You can use a SAR form, or you can write a letter. If writing a letter, make sure that you are asking for information in accordance with section 7 of the Data Protection Act 1998, and enclose the payment. You need to be very specific about what you want and about who you are otherwise they may try to delay the request by asking for clarification or saying that there isn't enough information to idenify you or your files. BHCC_Subject_access_form.doc

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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thats what i was going to link, also ive added my own personal loggos up the top, is that a problem for offical forms or am allowed to mark them. Plus i want all information brighton and hove council have on me, i.e video survallance, council tax, fines, etc, do i just tick boxes and expect all to be given to me or should i be specific and if so is their information on all that i can ask for. Currently researching if i can SAR inland revenue, national insurance, basically anything to do with my Mr Name. This way i can be full aware of all circumastances.

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was interested can i print my name at the bottom of documents, in fear of Forgery and Counterfeiting Act 1981 (c. 45)

should i also list this in documents and trying to find template to make all communication in writing. thanks

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Have a search of the debt section may be the legal bit (unsure where I last saw the SAR advice)

 

You do not have to sign anything! The fact that they are replying to you at an address which they normally would send mail too (without verification every time by you) is proof enough.

 

Erika's top dog on this subject so heed her advice..

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It's extremely unlikely that the LA will use your signature fraudulently - they are not DCA's. In relation to benefits, most insist on a signature so that they can check the signature matches those on your benefit claims - which they could easily lift your signaturre from anyway if they were going to do it (which as I've said, is unlikely).

 

Although the DPA does not specifically require a signature on a section 7, it does state that they are not obliged to comply with the request if they reasonably require further information in order to satisfy themself as to the identity of the person making a request and have communicated that to you. A signature can be a way of satisfying themselves of the identity of the person making the request. If they refuse on this basis, your only comeback is to complain to the ICO or take them to court to force compliance, which will drag it out - and remember the ICO or court will also consider that they are taking their data protection obligations seriously by trying to satisfy themselves to the identity of the person. However, if you prove your identity in other ways, it will be harder for them to get around it. I had a similar carry on with a catalogue company. I had no account with them, yet they insisted I did. There was no debt registered but I found they had been at my credit file so wanted to know how they came to be there and what info they held on me, I'd never heard of them in my life. People told me to leave it as they weren't saying I owed money, but I wasn't happy that they'd been nosing at my credit file without reason. The mere threat of court made them provide the info quick smart.

 

There are ways that you can sign your name without people being able to 'lift' the signature. You can sign through a line, a row of crosses or symbols - even use a digital signature.

 

If you are really concerned, don't sign it and see if they comply - then if they don't we can look at it again.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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