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    • 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.  
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Irish Credit card debt from 2004


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Ok do you know where I can find a statue barred default email for Ireland?
Just send the one in post #6

Also I ask again how can I tell if definitely statute barred? Would my credit file tell me if I got it ?
Your credit file from the ROI won't tell you as it will have dropped off by now & it certainly won't be on your UK one.

Lastly what would you expect the agencies response to be ? Are they legally obliged to prove its not statute barred ?
The onus is on them to prove that it is not SB.

They say they have not

Bought the debt but work for the bank - is this a lie ?

Most probably.

Remember I said I may have emailed the bank about this in 2008]

Doesn't matter, it's unsigned + an email can come from anyone even if they have a record/kept it.

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Just send the one in post #6

Your credit file from the ROI won't tell you as it will have dropped off by now & it certainly won't be on your UK one.

The onus is on them to prove that it is not SB.

 

Most probably.

 

Doesn't matter, it's unsigned + an email can come from anyone even if they have a record/kept it.

 

Good and clear thanks

 

Lastly thinking long term here say I

Go

Back in ten years

 

Will it look better on my report if I settled or if

It went statute barred, or best of all would nothing at all be visible after ten years

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:thumb::thumb:

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you go back in ten years nothing will happen, nothing will be on your report. Once a debt becomes SB that's the end of it, neither a creditor nor a debt collector can do anything whatsoever about it.

 

One thing all my correspondence thus far has been by email should I send the statute barred on an actual paper letter ?

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have they proved to you its NOT SB'ed

 

its for them to prove this

not you to prove its not.

 

i sometimes erm.. on the 'keep on writing' scenario.

 

it just dangles a carrot a mug awaits fleecing.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

One thing all my correspondence thus far has been by email should I send the statute barred on an actual paper letter ?

 

Me again

 

Before coming on here I emailed a free advise company in Ireland called Mabs - they have just replied ad advised that in regard to statute barred the contract with the bank could have wording to the effect that should

I move home I needed I have advised the bank of this and

If

I didn't that could

Negate the statute barred

 

:( lost agh

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Don't waste the postage, just send it by email. ;)

 

Ok last thing (I think)

 

While

I am

Waiting for them

To

Prove this statute barred can and will they add interest ?

Big worry for me is the debt

May go up !

 

I am

Listening to you guys by the way I want to

Send the

Statute barred email but don't want them

To come back saying I owe more !!!!!

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Me again

 

Before coming on here I emailed a free advise company in Ireland called Mabs - they have just replied ad advised that in regard to statute barred the contract with the bank could have wording to the effect that should

I move home I needed I have advised the bank of this and

If

I didn't that could

Negate the statute barred

 

:( lost agh

 

Are you aware of how much mail is lost in the post?

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They can't add anything on a SB debt. Even if they said it wasn't SB they still have to prove it.

 

And say they did prove it wasn't statute barred and lets be honest that's unlikely , could they add interest die the time it took for them to prove it ?

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Me again

 

Before coming on here I emailed a free advise company in Ireland called Mabs - they have just replied ad advised that in regard to statute barred the contract with the bank could have wording to the effect that should

I move home I needed I have advised the bank of this and

If

I didn't that could

Negate the statute barred

 

:( lost agh

 

total borricks

 

nothing can unbar a debt

not even a judge

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

And say they did prove it wasn't statute barred and lets be honest that's unlikely , could they add interest die the time it took for them to prove it ?

 

They cannot add interest unless it is expressly stated in the terms and conditions of your original agreement.... which is very rare.

 

Your point being

There is no legal obligation on someone to notify a creditor of their whereabouts & even if there was and you did any notification by post could easily have been 'lost' in the post.

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  • 2 weeks later...

Hi guys

 

Quick update - I have requested the original contract between myself and bank , the last correspondence between myself and bank and the date te debt was incurred.

 

I got an email back straight away advising the info has been requested and my account has been PUT ON HOLD until the data is furnished to me

 

Is this a good thing ? What does on hold mean ? Legally ? Does this void the original per cent age offer I made and can they maybe add interest in the meantime ?

 

I

Think is a good thing but would greatly appreciate some urgent advice

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The debt is nine years old therefore Statute Barred. They cannot take any enforcement, add interest or mark your credit file. If you do not feel inclined to pay it there is absolutely nothing that they or anyone else can do about it.

 

They offered you the discount because they are clutching at straws and hoping to at least get some money off you. You do not have to pay them a cent. ;)

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  • 7 months later...
The debt is nine years old therefore Statute Barred. They cannot take any enforcement, add interest or mark your credit file. If you do not feel inclined to pay it there is absolutely nothing that they or anyone else can do about it.

 

They offered you the discount because they are clutching at straws and hoping to at least get some money off you. You do not have to pay them a cent. ;)

 

Ok this company has now come back to me , exactly 6 months later , and provided a copy of my balance , with no signature , and no proof of any correspondence between me and the bank in the last 8 years (which I asked for)

 

The letter again was sent to my mothers house so I haven't actually seen it yet , seems to me that they have just waited 6 months and sent off another standard draft hoping I will bite. I know this cause I had contact with them via email so if they were really following up properly they would have emailed me aswell

 

I am torn between ignoring it, or offering a measley amount to make them disappear hard as I haven't seen the letter yet

 

Opinions?

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Yes you need to tell them it's SB. Even tho' they are trying to collect a debt covered by the laws of the ROI they still have to abide by the OFT's guidelines which means once you've stated a debt is SB they must cease all collection activities until such time that they can prove the debt is not SB. ;)

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Yes you need to tell them it's SB. Even tho' they are trying to collect a debt covered by the laws of the ROI they still have to abide by the OFT's guidelines which means once you've stated a debt is SB they must cease all collection activities until such time that they can prove the debt is not SB. ;)

 

Is there some sort of default letter ? Or shall I simply state it in non legal straight talk

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sb letter in the green library tab top left

 

then dca section on the right

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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