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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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      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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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.
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      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
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I got two letters from a debt company yesterday saying that I owe money for unpaid council tax. Not likely as it's the one thing I always make sure is paid, so I rung up the council and asked them to explain it. They said it was unpaid for the periods of 2003/04 to 2005/06. I pointed out to them that I didn't even live in this area during those periods. They said my partner hadn't paid the council tax and that because we now lived togeather we were both liable for it! Can they even do that? The debt letters were addressed to me not my partner, I didn't even live with her (or know her during this time when the debt was created) and yet now I am half liable?

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The Limitation Act 1980 DOES NOT apply to Council Tax

 

Council Tax is subject to its own limitation period under reg 34(3) Council Tax (Administration & Enforcement) Regs 1992. The local authority may not apply for a liability order after 'the period of six years beginning with the day is becomes due'.

 

The 6 years runs from when the demand for payment is served on the taxpayer (Regentford v Thanet District Council [2004] EWCH 246). Under reg19 the local authority should serve a demand on a liable person 'on or as soon as practicable after the day the billing authority first sets the amount of council tax for the relevant year'.

 

If they have obtained a liability order within the timescale it will be in your partners name and you would not be liable in any case.

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It's Elitie Debt collectors and Barking and Dagenham council. My partner was aware of council tax owing in her name from years ago, and is quite willing to pay this, but just very annoyed that the debt company is sending letters (hand delivered letters I have just found out) to me.

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Name & Registered Office:

ELITE COLLECTIONS INTERNATIONAL LTD

16-17 BOUNDARY ROAD

HOVE

SUSSEX

BN3 4AN

Company No. 04989661

 

Name & Registered Office:

ELITE COLLECTIONS INTERNATIONAL LTD

Company No. 04989661

 

 

 

Number of Cases: 1

To obtain details of the practitioner click on the appropriate case type description.

Case Number: 1 (of 1 cases)

Case Type: Compulsory Liquidation

Order to Wind Up: 02/12/2009

Petition Date: 13/10/2009

Practitioner Release: 02/12/2009

 

Something not quite right with this company.

 

Are there any contact details on the letter you got?

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They can't unless they first obtained a liability order & it's too late to obtain one now if they didn't.

 

Good point, I didnt take note of the dates, they wouldnt be able to obtain one in the OP's name anyway, but could of done in the partners name at some point, the whole thing seems very odd

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Something not quite right with this company.

 

Are there any contact details on the letter you got?

 

Elite Debt Solutions Ltd

 

 

Company Information

 

Registration Date: 20/11/2009

Registration Number: 07082816

Type: Private Limited with share capital

 

Accounts filed on: 20/09/2011

For period to: 30/11/2010

Category: TotalExemptionSmall

 

Registered Address

 

ARMSTRONG HOUSE SWALLOW STREET,

STOCKPORT

CHESHIRE

SK1 3LG

 

 

 

Activities

 

SIC classification code: 6523

SIC classification: OTHER FINANCIAL INTERMEDIATION (NOT ELSEWHERE CLASSIFIED)

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It's Equita Bailiffs the letters were from not Elitie (not sure where I got that name from). The problem all seems to stem from her owing council tax from various periods. She had a bailiff come after her before for council tax, but when I got with her I paid that one off. Then I was on JSA for a while and had deductions taken out of that for council tax debt. The thing is as far as she or I were aware this council tax debt has been clear for the last two years. Looking at council tax bills for the last two years there is no mention of debt or money owing. When I rang up she said it was for the periods I mentioned, during which I wasn't even in the same part of the country let alone in this town. If there is a liabilty order, surley this is in her name, not mine so surley they are breaking all kinds of rule in writing to me alone or at all?

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Yes the liability should be in her name not yours. It sounds like you have been talking to some one from their back office called capita, which owns Equita. Nice bunch.

 

I would contact the council's benefits and revenues department, this should be done by your partner. I would ask why bailiffs are chasing you for the debt when the debt is not yours to chase its your OH.

 

Dont speak with their recovery department, speak with the benefits section. If they refuse to talk to you then request a formal complaint be made.

 

This needs to be moved to the bailiff forum.

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She has spoken to someone from the council, and got told this...

 

My name is on the debt Bailiff letters because my name appears first on the council tax bill (which it doesn't but nevermind).

I might not have lived with her at the time of the debt but I do now so therefore my name is included.

The council only take back debt in special circumstances when people are in a vunerable position. My partner pointed out we are both unemployed with two small kids, and she said so are alot of people.

 

I have written a letter to the Council Tax Manager explaining the situation and how extremely ****ed off I am not only in having my name attached to this debt but also because of the ladies attitude on the phone. Really angry!

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EQUITA & CAPITA doing it there way NO surprise there then

 

 

Then I was on JSA for a while and had deductions taken out of that for council tax debt.

 

was this for her council tax debt ?

did you claim for both of you ?

was the claim in you name ?

 

If the answer is yes then thats your answer Capita didn't bother to check that you were named on the liability order before the sent it to Equita for enforcement

 

Get a letter of to the CEO Formal complaint tell him to put his house in order

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EQUITA & CAPITA doing it there way NO surprise there then

 

 

Then I was on JSA for a while and had deductions taken out of that for council tax debt.

 

was this for her council tax debt ?

did you claim for both of you ?

was the claim in you name ?

 

If the answer is yes then thats your answer Capita didn't bother to check that you were named on the liability order before the sent it to Equita for enforcement

 

Get a letter of to the CEO Formal complaint tell him to put his house in order

 

Big yes to all 3!

 

Makes a bit of sense there actually...

 

Am I sending my letter of complaint to the CEO of Equita or Capita?

Edited by RLSTINE
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I got two more letters today (they are quick this equita) telling me the amounts are due on liability orders obtained in 2005 and 2007. Again just my name on the letters no mention on my partner. Is it worth writing to Equita and telling them to look at the orders correctly, or just complainging to the council?

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Complain to both and copy it to CEO of council local councillor and MP,

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Complain to both and copy it to CEO of council local councillor and MP,

 

I would go with that

 

 

I was actually wondering how they managed to get an attachment of benefits taken from your claim as you were not the debtor therefore not named on any liability order even if you are claiming for your partner she is not the claimant

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Thanks for all the advice, will be writing to both Equita and CEO of council and send a copy of both to my MP as well. The attachment of benefits is a confusing one. At first no one seemed to be able to tell us what it was for, it was only when I got a letter telling me how much they were taking in total that I worked out it was the same as what was owed for a period of council tax. I just assumed that because it was a joint claim they were able to take out money for her debt (although why they haven't done that for the other debt I dont know.

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