Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 replies
    • 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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4519 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

I hope i can get some expert advice.

 

I have recently been visited by a very nice Marston rep. It turns out that I have an unpaid parking fine. I am not disputing the parking fine because I did go through a bad luck patch and had several fines in a period of a few months. (i work in the community so sometimes my clients keep me longer than expected). I paid the majority of the fines but must have over looked this one.

 

Anyway, the Rep from Marsdons demand i pay £400 right now. I did all the right things and said I have no intention of letting you into my home. I also told her that I intended to contact her office and arrange an affordable payment agreement. The nice lady from Marsdon's said well that is not good enough, I want the full amount now. I told her i do not have the full amount but was willing to pay in instalments

At this point the nice lady turned nasty and said " Fine i will just take your car then". (it was parked in my private drive). So I said "fine" and closed the door, but inwardly was was scared.

 

I work in the community and my car is essential to my job. My partner has another car but I am the registered keeper. I currently have a number of debt problems and Im looking at either a DRO or Bankruptcy. I am seeking advice for this on Friday, today being Tuesday.

 

My questions are.

  • Can Marsdon's take either car? the one with the parking fine (mine I use for work) and my partners car?
  • Do Marsdon's need to ask the courts before taking any cars, bearing in mind Im only the registered keeper and do not own my partners car.
  • How long will it take for marsdons to clamp and remove my car?
  • Why did they not accept my payment offer, I offered £50 per month ? If they take my car i will lose my job and they will never get the money !
  • Can anyone direct me on how to check out how much Marsdon's are allowed to charge me for two home visits? The first visit was at 5pm on Friday and a nasty note was left in the communal letter box, which i did not receive until Saturday morning. Much to late to phone and arrange a payment plan. The second visit was on Monday at 11.30, coincidently, when the communal security is open for the post man so she actually got to my flat door.
  • What do I need to do to evidence that my car is essential for my work?

 

I know I can include this debt on a debt relif order or bankrucacy but im worried that they will talke my car and consequently I will lose my job before the DRO is filed.

 

Thank you

I'm more sinned against

Than a sinner

Link to post
Share on other sites

If you use it for work you should be insured as such, show them the insurance where it says used for work social domestic pleasure etc, and they wont be able to take it.

Please also bear in mind that part of a dro is that you musnt own more than 300 pounds worth of assets - i assume the car is worth more than that?

None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

Link to post
Share on other sites

Thanks for the reply.. That was so helpful. I never thought of showing them my insurance certificate which clearly indicates i have limited business use. I was just scared and wanted rid of the nice/nasty lady as quick as possible so i could find time to think.

 

Iam seeking legal advice from CAB solicitor on Friday. I just don't want them to come and impound my car in the meantime. FYI, and an expert can correct me if im wrong, the rules on DRO'S has changed and it means the threshold for a vehicle has changed to £1000. I hope so as mine as assessed on parkers today is worth £700

I'm more sinned against

Than a sinner

Link to post
Share on other sites

Just an additional update,

Im not sure what a Levy is???

I have been reading the forums and i cant seem to clarify a levy?

But I have removed the car from my drive as this is my biggest concern. Now I am worried I have broken the law because I have "hidden goods" that have already been seen by the Bailiff.

Much the same as if i hidden goods after they had been in my home.

Please can you advise?

I'm more sinned against

Than a sinner

Link to post
Share on other sites

Hi nohope

I have no paperwork with car details on.. Just two home visits paperwork with the the standard pre formatted note in big orange type that says.... "under the terms of the warrant issued "

I'm more sinned against

Than a sinner

Link to post
Share on other sites

If you have no paperwork, notice of distress and inventory then it seems they have not laid claim to anything. Keep the car well out the way for now.

 

I'm sure theres something very easy you can do to get them of your back but someone else with a lot more knowledge than me will be along soon to give you the write answer.

Link to post
Share on other sites

I would keep the car away for now, as they may have taken the reg no, and could use it to concoct a retrospective notice of seizure when asked for proof. If they haven done this, andm they levy a third party motor, then that levy would fail

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Just bare in mind, most companies have anpr cameras now, if the door-knocking bailiff has no luck, it will end up with the anpr van who if he drives past your car will clamp and remove it there and then, so if you have a garage put it in there.

None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

Link to post
Share on other sites

Hi boredangel

 

To answer your earlier post, levy is the term used to describe a bailiff listing goods belonging to a debtor (in many cases, a vehicle) and then allowing the debtor to remain in physical possession of them as long as a payment agreement is reached and stuck to. If and when a bailiff conducts a levy, you should be handed a document called a walking possession agreement listing details of the item(s) levied on.

 

You might find it useful to give one of our advisors a call to ensure that you are doing everything you should be right now.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

Link to post
Share on other sites

Thanks for your advice. I phoned the National debt helpline and they said i should ask the council to take back the debt explaining i need the car for work. I have phoned the council and asked it they could take the debt back and offered to pay on a payment plan. They said they cannot take the debts back once it has gone to the Bailiff. I even said that I had expert advice who said they could. To no avail.

I have written to Marsden asking for a breakdown of their charges and explained i need the car for work so could they please consider a payment schedule.

I have been sat here all day trying to do the Math for the DRO. I am really worried that although my partner pay me housekeeping money I really don't know what he gets from his private pension.

 

Question? Can I apply for the DRO just based on what he contributes to the household? I really dont know what he gets in full and he is not the sort of person you ask. ......its certainly not a great amount

I know this is awful.. but I now know how this sort of problem can drive people to suicide. I just cannot seem to find a way forward.

I'm more sinned against

Than a sinner

Link to post
Share on other sites

Oh BTW I know this is off topic but could someone please direct me to letter templates so I can write to the other creditors. Just had a scary thought they might send bailiff before i can get anything sorted out.

I'm more sinned against

Than a sinner

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...