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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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    • 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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi m, yes 2 cca's 2 postal orders 1 for each account, both to ARDEN as there acting as collection agents for IDEM, ARDEN are collection agents for MOORGATE LOAN SERVICEING against me and the CCA letter which I copied straight from the cag library has stopped them in there tracks I followed that up with indispute letter exactly 12 plus 2 days later and they're now begging me for more time to sort things out as they admit they have no paper work from MBNA !

remember to send recorded delivery and you can print of proof of delivery from post office web site day after you post it.

 

Mikey

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if the account was transferred in early march to idem and i paid mbna in late march to cover both accounts for early april to early may- the first week_ wont idem argue that i have missed a payment_ and broken the agreement- irresspective of the fact that they havent provided proof thatvthey owm the 2 accounts by not providong a valid in line with ..S77.78, copy of the original agreement I need to very careful,w hat im doing here !!!!a

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even though Idem do by law need to provide absolute proof that they do own the debts by providing true copies of the agreement i dont want them to get out of this through some loophole that I should have asked for this proof of ownership of the debt earlier eg in march when it was transferred even though i made a payment,after this date to mbna who were then acting as Idems DCA and took a holding payment which they said they would transfer to Idem! can I ask for a valid agreement at any time and refuse to pay until one is provided- or should I have done this in early march when the account was transferred to Idem by MBNA!

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Sorry to be a pain guys but can the site team double check the legal position here as i dont what to be to court for non payment! Are there time limiits that apply eg that you must here,asked for a CCA,agreement under S.77/78 before you have missed a payment, even though the reason for not paying them Is that they havent provided an Original CCA Agreement! Couldnnt Idem suggest that i am now in arrears with payments and that if you were concerned about the validity of the Agreement you would have,asked for a true copy of it Before a payment was missed_ again sorry to be a pain buit I just what to check all of this!

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It seems that Idem only pass the debt to Arden if they havent been paid! They have deliberately ignored the CAB who are my representatives, waited for payment to be missed and then have written to me directly to force payment this is both underhand very crafty and against OFT debt management guidance! I will be sending the 2 CCA requests tomorrow anyway as Idem/arden should be forced to prove they do have the necessary paperwork from MBNA and Do actualy have proof that they have bouught the Original Agreement and do own the debt and are now t the Creditor!

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None of these companies are going to take you to court - get them CCA's sent off.

 

Even if they did take you to court - the Court would only make you pay what you could afford - and if thats a £1 then that is what the court would order.

 

But they have many hoops to jump through before that was to happen - so get them CCA's sent off.

Edited by dadofholly
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Absolutely the right advice from DH there, send your cca's to ARDEN wait the 12 plus 2 days for a lack of response and then dispute letter, try and rest easy for 12 days, and like DH say's even if you end up eventually in court no judge will make you pay more than you can afford even if thats only £1.00, by the way you can request cca at any time, and rememeber you've done nothing criminal here things just spiralled out of control for what ever reason.

mikey

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hi again M. i got a you can now complain to the FOS letter to from MBNa's VP Gail Powell! I did complain in early March the very next day after they transferred my Accounts to Idem! So I will be updating my complaint asap! We do seem to be in exactlly the same boat as you say! its very useeeful to compare notes mate!

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got a letter from MBNA stating my PPI complaint is being upheld and I am getting an extra 154 quid! Iam am not sure if the figures are correct, they say they have used the FOS model! there is no @ention of the return of the overlimit fees, late fees and return of default fees ,stretching bak years I asked for plu interest what should I do? Should I write to accept this as part payment? m,

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HiMikey not really sure how, all this works do I get back all the unfair charges over limit fees and defaults as well as the ppi at 19.9 % interest on the whole lot which whould have been the shape of the account before interest and fees and then get 8pc interest on the whole lot? Should I go for interest in restitution? M.

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With mine I had an agent do it which was before the ruling, so MBNA didn't play fair but yes I got back all ppi, ppi inteterest default and unfair charges plus 8% interest on the lot unfair charges I believe is every thing over £12.50 per time, it was £25.00 per charge at MBNA but the OFT ruling said £12.50 was reasonable so £12.50 back every time they charged you £25.00 is how I think it works site team probably know better than me on this 1 though !

mikey

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Thanks again Mikey! this is kind of what I thought! I have a SAR to write and 2 Final responses, one dealing with an engineered default by MBNA set in motion in 2009-3 years in the making and the incorrect PPI charges refund! A busy time!

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Thanks again Mikey! this is kind of what I thought! I have a SAR to write and 2 Final responses, one dealing with an engineered default by MBNA set in motion in 2009-3 years in the making and the incorrect PPI charges refund! A busy time! reading up on Notices of Variation and Reg 7 of the CCA Regs 1983 due to MBNA changing my contract terms and conditions unfairly in mid 2010, The new contracts core term being based on the deliberate extortion and misappropriation of even more of my JSA benefits, even the debt management plan girl from MBNA openly acknowledged how grossly unfair this was but also indicated that she was also acting under significant and undue pressure from mbna to push tha agreement through. All of this compounded because of the way they sent payments to the wrong bank accounts, then sneakily and unfairly applied 2 defaults to my accounts, then had to refund them and remove the defaults from my bank accounts( Santander Bank Error), then harassed me from India night n day through Aegis Ltd based in MUMBAI (eg sending my data to an non EEC.EU country/ DCA without my permission) I dont even know if they had an extant CC License to collect debt in the UK !

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