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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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got defaulted/claim back fees + Car Repo Too - GE money - now got claim form - HELP


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the invited guests will explain it far better than me.

 

however, if a credit agreement is wrongly terminated, [i'e on the back of an invalid DN]

then that is the only figure the OC can demand .

 

read that link i sent

 

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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read that link i sent

 

dx

 

:noidea: did you send me a link dx?

 

apologies, am a bit brain dead here :boink:lol

 

would appreciate the link again please :thumb:

 

No rush to do it tonight though dx, have to go to bed now, last few weeks of work coming up ...... redundancy looms on the horizon :censored:

 

Thanks

AS

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thats funny its gone

 

hang on

 

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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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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Ok... have been reading the thread (and a couple others)....... confusing lol.

 

The DN (invlaid because of late fees?) amount = £491.95 but later it was stated on termination as £556.34

Account then terminated, claiming full amount of £1723.64 (after £28 rebate)

The charges claimed for and refused (including interest) = £587.07

 

The part I am getting confused over is in respect to an invalid DN :???:

 

Can Santander not just issue a new DN? Even when they have terminated (albeit unlawfully)?

 

I think I am getting somewhere understanding bad DN's etc only to read something else

 

Clarity is a good thing and I seek it please :madgrin: lol

 

AS

Edited by Always Struggling
Added question about DN - bold
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people must be away.

 

pinged 3 last night

 

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

you cannot terminate a credit account on a duff default notice

 

if you receive a county court claim for instance and you do a defence on a duff default notice

 

all the claimant would have to do is withdraw the action, then reissue the claim on the back of sending a compliant default notice

 

you can argue part 38 discontinuence but it would be up to the judge to decide in the case management stage to procede with the new claim or not

 

if the account had been sold to a DCA, all that would mean is the account was live at the point of sale so the DCA would be able to issue their own DN

 

the way you would deal with that is the failing of the DCA in regards as to how the account was assigned and how the notice of assignment to the debtor was conducted as to statutory legislation

 

pick holes in the NOA, the DCA would be screewed

Edited by squaddie
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Yes thx squaddie I was asking that point in my post but I think Brig and dx are referring to the fact that late charges have a bearing on the DN amount and that Santander have have subsequently terminated unlawfully.

 

I say 'think' though lol :razz:

 

If it was just the fact that the DN might be bad by a day or so then I would expect your point to be exactly the case.

 

From Brigs and dx's posts it would appear another course is/has presented itself.

 

AS

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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

The only problem i have is with a Default notice served under 87 (1) CCA 1974 and penalty charges (lawful or not) being included is that it can be seen that you entered into a contractual obligation as to the creditors t&c.

 

That being the case, any penalty charges that are added to any outstanding balance would be deemed to be lawful as would be contractual.

 

Even the FOS state now in their code of practice that a £12 fee would be deemed reasonable, although it would be a matter for the court, but the courts can and do take codes of practice into consideration when reaching a decision when enlightened

 

i agree when you take out say a loan, all the contractual repayments and perscribed terms are enclosed over the term of any loan and penalty payments are extra

 

but

 

The only way to convince me on any other possibility would be to show me where in the Default and Termination Regulations or CCA 1974 where a Default penalty or Default interest payments cannot be added to a default notice served under 87 (1) cca 1974 (STATUTE LAW)

 

Even with the default interest, the creditor has to give the debtor an opportunity to pay the sum before it is added to the balance

 

(notification of default sums)

 

In short

 

i do not know the answer to your question until it has been confirmed by statutory means or case law,

 

And not

 

Accredited Codes of Practice or non Accredited (guidance)

or unsubstantiated advice

 

THE ONLY EXCEPTION I CAN SEE IS SECTION 86 OF THE CCA (AMENDED)

 

giving notice of default sums

 

If people advise on any course of action, then they should be expected to confirm it by as stated, relevant statutory authority or case law, (links) the poster can then understand what is being said and advised

 

sorry for the long post i i thought it relevant

Edited by squaddie
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Absolutely positive DX it's just the ICOs way of putting things,

If the charges are the bulk of the default sum the default

should not have been placed at all.

So is a go challenge which I have used successfully.

 

Hi Brig, can you elaborate on this please?

 

Been looking through ICO guidances and can't find the points you refer to.

 

I see what you mean but need to understand this myself so I approach things right in a letter.

 

I had understood a bad DN can be easily recitified and terminations on the back of it are just invalid terminations.

 

What would I put in a letter to Santand to explain why they are wrong in doing what they have done?

 

Am eager to understand this :-)

 

AS

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Ok it's no in the general guidance but is an update of

Technical Guidance.

Yes a defective DN is easlly rectified.

The guidance and that is really all it is, is intended to offer

a level of fairness when defaults are placed, as said if the default

sum is made up of charges, which when applied said charges cause

the default, the default should not be placed.

 

I'm not at my office this week so have no access to the document but

frm memory it is an update of version 3 of Technical Guidance August

2007. I think section 12 (Exceptions)>

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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have been reading the posts but am confused by it all lol.

Shall i send them a letter saying that my offer of £100 per month is still there, or shall i just wait to hear from them next?

can someone please advise on this

thanks

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naomi25 has asked me to post the latest lettter received from anglia as she's having a problem uploading to the forum.

The amount is now £735, up from their last letter in June of £531 with no explaination as to why.

 

Also sent them a letter before saying the account was in dispute but they seemed to have ignored this.

What letter shall i reply to them with ?

 

 

angliasant.pdf

Edited by Always Struggling
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Get a full breakdown, and throw the debt into dispute until they comply.

 

Also, they are just a DCA. Ignore them as they have zero legal rights to the debt. The extra debt is probably them trying to claim fees. Also send them the doorstep collector letter from the cag library. As for further action, thats just a lie. They cant take ANY action on the debt whatsoever. Only the owner of the debt can.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yep. Basically tell the DCA to go play on the motorway or something. Only deal with the OC.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Has a formal CCA reqest been made?

 

If so what did they send in reply - and if not make one now.

 

That ltter from Anglia is designed to cause alarm and distress by threatening to visit you at your place of work. Report this to the OFT immediatley with a copy of the letter - Also complain about the default situation and Santander.

 

Best to complain to Polly Ashford at the OFT.

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I love how they call themselves "agents", in a vain and futile attempt to make people believe they have any authority over anything.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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i havent sent a CCA request because when i did the SAR i received the agreement with that.

 

will send them a doorstep letter, as have now received a letter from them saying they are sending an agent to my property.

 

Send a formal CCA request - and lets see what they send you back to see if it complies. A CCA request is more than just a request for a copy of the agreement - they should also send you a statement that clearly shows how they have came to the figures they are claiming and when they became due.

 

Many companies fail to FULLY comply with a CCA request - and this makes it a legal bar to enforcement.

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