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    • 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
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      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.

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Yes rec'd NoA in March with termination letter and letter of re-sale to Idem in one set of corresp.! But Idem will just argue they have received no paperwork/agreement/ written statement of acc./ statements! And only have a new acc. No and alleged opening balance -And Mbna conversely that they don't Own the debt anymore- as they sold it to Idem in March 2012 and now don't have to supply this post contract data in spite of EUCD 43Reg36.16 "Assignment of rights"- "rights duties and obligations of original creditors"! How useful is S.189 CCA 74 AOR HERE AND S.14 on Fairness !

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Their errors are compounded by issuing 2 defaults(In June 2010)-after Santander sending 2 payments to the wrong bank accounts and annotating my credit file accordingly! They had to refund the defaults-shown on my 7th June 2010 statements- I do keep them all and file them for reference purposes..!! No written apology either!

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  • 3 weeks later...

I Have just received a "final response" from MBNA's vice-president Gail Powell to my complaints. They must have felt inundated and they have tried to lump them into one complaint and screen out the later letters which feature the help i have had from CAG. i have found a lot of additional evidence to do with late evening and weekend phone calls sometimes 4 and 5 times per day combined with harassing letters sent to me by Indian DCAs Global Vantedge and Aegis Ltd and MBNA in Nov 2009 and mid 2010. I have also found statements and info relating to the fact that the defaults were due to santander using wrong bank account numbers and therefore issuing payments incorrectly which were sent to somebody elses accounts and St. Andrews insurance issuing payments late without just cause when i wasnt working but had provided them with all the state benefits information/work related job searches I had completed 13 days before payment was required on nov 2009! In March 2012 at the request of an -mbna staff member at their Chester CAO office- I was required to provide documentation and proof of dhss late payments which left me in acute fiancial hardship and with no money to live on never mind find 28 quid per month to service a non-priority debt. This govt error in not issuing JSA payments on time caused me to miss 2 consequetive payments and the account to be terminated and resold to Idem in March 2012! .MBNA rather cheekily suggest I talk to Experian. Call credit and .Equifax and issue a notiice of correction 200 words max to correct the problem that I didnt cause. conveniently they say they cant find a call recording with a manager on the 7th March 2012 which highlights several key Issues. They advise me to ring Idem- Surely they have to properly investigate concerns of Harassment, coercion use of undue presure "can you borrow from family realtives or friends" and "have you any assets" and right through to threatening behaviour eg "pay up or else face repossession of your goods very aggressive debt recovery and legal action through our debt recovery specialist agents that we use wjere you liv e"! have MBNA never heard of CPUTR 2008 Reg 3,5,6, 7 and Sch. 1 thereby abdicating their rights,as the OC ? MBMA have advised that I ring Idem- a fatal error! can MBNA ask for a copy of my passport or driving license with a SAR request form- they issued pre emptively with their final response! All help appreciated!

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HI D!.should I also send a complaint to tthje FSA! thanks D! I thought by refuting the so called evidence that MBNA have issued in theiir final response they would know that I dont agree with their ruling and have serious concerns with the repeated telephone and written harassment, coercion, breach of duty of care, changing the contract to extort and misappropriate my JSA benefits through threat of repo and very agggressive debt recovery practices and legal action Althougth this does show my hand and lets them know what im sending to the fos and oft in advance! M,

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Why worry about them knowing in advance you intend to complain?

 

MBNA no longer own your account so why concentrate on them? - they have issued a final response so forward it to the OFT.

 

But this is not your pressing issue - the issue is can the current owners of your account provide details of the agreement.

 

So have you sent a CCA request? and if so what is their response?

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URGENT HELP requiredtI have just had a letter in from Arden Credit Management, the collections Agent for Idem Servicing today at 12.30pm! it reads as follows..."We have not received the required payment on yout account Your account will now be transferred our appointed agents,Arden Credit Management, who will contact you to discuss repayment of the outstanding balance.To make an immediate payment towards your account please call 0800 375 797.,,,If you have any concerns regarding your financial situation, we would recommend that you seek free impartial advice from the CAB, or from the CCCS, available on 08001381111 " The letter is dated 9th May 2012, the date my next payment to MBNA was due. All of this has really upset both myself and my partner, since Idem have had 2 holding letters sent to them at least 4 weeks ago by my representative, and have ignored the CAB to do this .Why have they by-passed the CAB who had written to them and are my representative to do this! I Really NEED some urgent help here! Many thanks M.

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I have still to send a S77.78 CCA Request to Idem to see if they can enforce the debt. However I am worried and dont want to annoy Idem in case they turn nasty! My partner and I could not cope with legal action. She is on Incapacity Benefit and we are both in Acute Financial Hardship!

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can Arden refuse to accept one per month per account as a token payment! I am on sate benefits and cannot pay more and I am in long term extreme financial hardship! It seems that Arden aquired a CC license last year! are they governed by the OFT and the same rules as a bank?

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Hi Michaelangelo, we were kinda coreesponding through my and victorias thread the other day "both in same boat" take a look at those threads you'll see i cca'd ARDEN CREDIT MANAGEMENT and then disputed account when no response they have now admitted they have no paperwork from MBNA, get your cca done and take charge of your situation don't even send token payments till they prove its your account and all the paperwork is in order.

 

Mikey 130

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Your priority is to get that CCA sent off - and quick.

 

Don't worry about annoying them - fighting back is the only solution - it is not fighting back that makes them come after you more.

 

If they can not produce that CCA - and i dont think they can - then they can not enforce the debt.

 

When did arden take over your agreement? and did you recieve a notice of assignment?

 

They have to accept what you can afford - end of.

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hi Mikey and DH! It would be nice to get a mass class action going or a Civil Action and expose these people for what they really are! what a grubby business debt collection really is and what parasites these people really are! Have they no conscience! Thanks Again Guys! Arden have not said WHEN they took over the debt-or at what stage or given any dates or Notification! I did not receive an NOA from Idem! All very fishy!!! will write CCA Asap and send it to Arden like you suggest Mikey! I Get the sequence now! S77.S78/ CCA 74 first of All! Cheers Again.

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ARDEN are the same people as IDEM all part of PARGON GROUP so no NOA needed just cca them wait 12 plus 2 days and then dispute them trust me they shut up sit up and take notice and that puts you in controll and its a great feeling

good luck.

mikey

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ARDEN are the same people as IDEM all part of PARGON GROUP so no NOA needed just cca them wait 12 plus 2 days and then dispute them trust me they shut up sit up and take notice and that puts you in controll and its a great feeling

good luck.

mikey

 

Are they the same registered company using a different trading name? If not, and they are seperate legal entity's then they do need an NOA

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When was this account actually sold to Idem - and did you recieve a notice of assignment?

 

The info on when your account was sold by MBNA should be in the info from the SAR. Or in the original letter from Idem.

Edited by dadofholly
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ARDEN are the same people as IDEM all part of PARGON GROUP so no NOA needed just cca them wait 12 plus 2 days and then dispute them trust me they shut up sit up and take notice and that puts you in controll and its a great feeling

good luck.

mikey

 

Have just read back through the thread - Arden do not need to send an NOA as they are not claiming to own the debt - only collecting for Idem.

 

But the sale between MBNA and Idem did need an NOA.

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hi guys! thanls for the help and very speedy response!!! Am I right that Idem are an absolute creditor as defined by S.187 of the CCA 1974 and have purchased rights AND and duties under S.189 "AoR". Would I be able to get link get a cca template letter as Im on my phone! the NOA from Idem I got Wasnt the clearest and was merely a statement on one of their letters,I did get something in early march 2012! I have two accounts with MBNA _Idem so is it two £1,00 postal orders to Idem? or one 2quid postal order! Are these made out to/sent to Idem Servicing or Arden Crediit Management.! can they be sent in one envelope via recorded delivery to stop one potentially getting lost in the post! I only got one notiification from Arden on the larger account! Presumably the other letter indicating the passing of the Accounts to Arden. will arrive on Monday (if it hassnt been lost in the post), Or they didnt bother sending details of the second account to me! thanks again Guys!

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