Jump to content


  • Tweets

  • Posts

    • 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.  
  • 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

Michaelangelo's thread


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4216 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

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 !

Link to post
Share on other sites

  • Replies 119
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi M, again it was 1 straight from the cag library, i'm not the hottest with i'm afraid but its in there I just printed the lot of and then type em up from the print offs probably not the smartest of ways but it works for me, muat be a night mare working just from your mobile.

miket

Link to post
Share on other sites

time of call logged as 10.05am and telephohe notes taken. Hi again DH! The CCA must have worked I have just had a harassing phone call from Arden Credit Management.I refuised to go through Security! I politely but firmly and fairly told him "No I am not going through security, I have just filed a S77.8 request with you on Monday" his answer was "..We do need to have a conversatiion!" & I replied "Again! The answer is No! contact me in writing only please !" he sheepishly said "okay" and I ended the call! any advise from the Site Team and Dadofholly greatly appreciated! M

Edited by Michelangelo48
Link to post
Share on other sites

If I had put the FOS on notice and I had initiated a complaint with them in early March, 2 days after the account had been sold to Idem Servicing and the week before the account was actually transferred to Idem in the second week of March, was the "Account In Dispute" at this stage!

Link to post
Share on other sites

arden have sent one balance of one account to my CAB representative, the pther alleged balance and demand for payment has been sent to me! is this divide and conquer! should Arden be contacting me in writing when I have appointed a CAB represenative to act on my behalf!

Link to post
Share on other sites

Arden have sent one balance of one account to my CAB representative last week, the other alleged balance and demand for payment has been sent to me! is this divide and conquer! should Arden be contacting me in writing when I have appointed a CAB represenative to act on my behalf!

Link to post
Share on other sites

Depends on what the CAB advisor asked for in their letter.

 

As for the account being in dispute - it can only lawfully put in dispute if they fail to comply with the CCA request once the timescale to reply has expired - and they can still comply at any time after that - but i don't think they will.

 

There are other reasons for disputing the debt - such as it's not your debt - the debt has been settled - the debt is made up only of charges or ppi etc. But other than that you have no grounds to dispute the actual debt.

 

You may, however, be able to dispute Idems right to collect, if there has been no notice of assignment - or the assignment was made at a time the buyer had no CCL etc.

Link to post
Share on other sites

Hi again DH I am completing a SAR to MBNA for my 2 accounts! The cag letter seems to suggest that one £10 fee can cover 2 accounts eg a 10 pound max fee! Is this the case! is the .Ezsias v Welsh Ministers case 65 or 68 (Dec)

Link to post
Share on other sites

Hi m, as far as i'm aware the SAR is for every thing they have on you no matter how many accounts so yes 1 request and1 £10.00 fee DH will put you right if thats the wrong info , as for the phone calls just wait the 12 plus 2 days and then dispute and watch ARDEN'S attitude change phone calls stop letters stop and you just wait whiole they try to sort out an enforceable CCA you must be half way to your 12 days now.

mikey.

Link to post
Share on other sites

Mikey is correct - the cost of the SAR is £10 for all information they hold you - no matter how many accounts you have had with them. Also put in the SAR that you would like to know - to who, and when the account was sold.

 

Have you not already sent an SAR to MBNA? If not who was it you sent the SAR to?

Link to post
Share on other sites

Thanks M! Did they ring you at all during their 14 day period? 4 harassing calls! calls today now have adv Arden not yet heard of CPUTR Regs 2008, MCA 1998, PHA 1997 and Communiation Act 2003! Hi Dadofholly is it safe to assume that one Sar and 10 pound fee covers getting all the data they hold on me! M

Link to post
Share on other sites

They've only phoned me a few times in all, but I sent Door step letter same day as CCA letter door step letter makes clear communication in writing only, I also don't think they were sure they had my num its ex directory and all though they have my mobile I never answered the calls which means they can't be sure its my number ( thats my logic any way)

Link to post
Share on other sites

HiAgain D! does the phone call letter need to be recorded delivery! m Arent they prohibited from caling me when I have submitted a s77.8 CCA Reqt and enforcement has to stop prior to them producing the Original Agreement! Is it too early to send the doorstep letter! m.

Edited by Michelangelo48
Link to post
Share on other sites

No they don't have to stop untill the time has run out to comply - and you have sent the account in dispute letter. Don't think you need to send the doorstep letter but won't hurt to.

 

No need to send recorded - just send at a post office and ask for proof of posting. No need to do any more - just wait for CCA response.

Link to post
Share on other sites

Hi D, thanks again 4 calls yesterday from Arden! Another 2 calls today at 8.30 am and 8.45am-withheld number and then message to phone Arden on 0800XXX.. And our offices are open to 9pm this evening! did not answer them. All times days and dates of course any message content logged with Telephone Attendance notes_All logged I was an enforcement officer in a past life! Do I send the telephone Harassment letter on Monday? My partner, who is on Incapacity Benefit is that distressed I will have to take her out somewhere! This will all form part of my complaint to FOS! CCA Sent 14th May 2012 so is 14 working days 30th May 2012, M

Edited by Michelangelo48
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...