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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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Citi Refund sent to Cabot, not me..!!


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Recieved a part refund from citi but they sent the money to cabot financial.

 

Can they do this?

 

I was thinking of writing back saying i do not acknowledge a refund as i have not recieved one yet?

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Mortgage Express charges- settled in full after issuing claim

 

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To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

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Recieved a part refund from citi but they sent the money to cabot financial.

 

Can they do this?

 

I was thinking of writing back saying i do not acknowledge a refund as i have not recieved one yet?

 

How do you know it has been sent? HAve Cabot informed you and what stage are you at?

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Hasn't been confirmed, but at bottom of letter it says

'This amount has been sent as a cheque to Cabot financial in payments of your outstanding debt'.

 

However one other thing, the debt with cabot has become unenforceable due to lack of agreement with statutory time within cca. 12days + 1 month and 10 days since..

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Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

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Hasn't been confirmed, but at bottom of letter it says

'This amount has been sent as a cheque to Cabot financial in payments of your outstanding debt'.

 

However one other thing, the debt with cabot has become unenforceable due to lack of agreement with statutory time within cca. 12days + 1 month and 10 days since..

 

I don't think they can decide who they pay it to - also when you refuse this they won't send it anyway . Suggest you PM Martin3030 as he is keeping a close eye on Citi and their tactics.

 

edited to move info that may be useful to citi

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hmmmmm interesting - banks are allowed to take money from one of your accounts to pay an outstanding balance elsewhere, but:

 

I'm not sure if it applies to credit card companies; if it does, and cabot are merely acting as agent, then perhaps they're allowed; if they've soldthe debt, cabot is nothing to do with them, so they can't just do that.

 

so, if the debt was sold on, just continue with your letters stating the money needs to be sent to you, nothing else is acceptable, and continue with court proceedings...

 

Of course, if you owe more than you're getting back, there may be some crappy little argument about whether it is actually your money, but if they've legally sold the debt on I don't think it's their call the retarded poopooheads

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hmmmmm interesting - banks are allowed to take money from one of your accounts to pay an outstanding balance elsewhere, but:

 

I'm not sure if it applies to credit card companies; if it does, and cabot are merely acting as agent, then perhaps they're allowed; if they've soldthe debt, cabot is nothing to do with them, so they can't just do that.

 

so, if the debt was sold on, just continue with your letters stating the money needs to be sent to you, nothing else is acceptable, and continue with court proceedings...

 

Of course, if you owe more than you're getting back, there may be some crappy little argument about whether it is actually your money, but if they've legally sold the debt on I don't think it's their call the retarded poopooheads

 

Citi read this board regularly and the comments about their practice just get better!

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The deby has been sold to cabot.

In reality i owe Citi nothing. Its ludicrus them thinking they can send the money to cabot..

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Mortgage Express charges- settled in full after issuing claim

 

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To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

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Think will pop a letter in post saying will accept partial refund if:

 

a) its sent to me

b) will be pursuing the rest.

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Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

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Citi did the same with me, even after I explicitly asked them to send the cheque directly to me. They eventually sent me a letter stating that they couldn't pay me and had to pay Cabot and tough sh*t.

 

I have come to the conclusion that as my debt is now enforceable, I'd be pushing my luck to kick up a stink as my debt was for £2500k.

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Citi did the same with me, even after I explicitly asked them to send the cheque directly to me. They eventually sent me a letter stating that they couldn't pay me and had to pay Cabot and tough sh*t.

 

I have come to the conclusion that as my debt is now enforceable, I'd be pushing my luck to kick up a stink as my debt was for £2500k.

 

do you ,mean unenforceable? Is that cos of a cca request?

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yeah, they failed to supply the agreement.

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Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

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Problem is a default, tryin to get removed..

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Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

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Just spoke with consumerline.

 

They say the debt with cabot financial is still enforceable, but i was under the impression that after 12days the debt is inenforceable until they get me the agreement.

Can anyone shed any light. Is consumerline mistaken, or mis-informed?

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

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Just spoke with consumerline.

 

They say the debt with cabot financial is still enforceable, but i was under the impression that after 12days the debt is inenforceable until they get me the agreement.

Can anyone shed any light. Is consumerline mistaken, or mis-informed?

 

Who are consumer line?

 

As I understand it after 12 days the debt is unenforceable if they do not supply a true copy of agreement after a further month they have committed a criminal offence - they debt still exists but cannot be enforced as they cannot produce an execu8ted agreement - this is your total defence in court - but if they find the agrement then they can enforce it.

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Trading standards rang me and confirmed what you said.

 

What if they don't remove the default? What then?

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Mortgage Express charges- settled in full after issuing claim

 

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To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

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Trading standards confirmed the debt currently was unenforceable.

 

How do i now go about getting the default removed, as cabot don't seem to pay anya ttention to letters etc i am sending them.

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Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

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Have Citi registered the default or Cabot? You need to find out first and then write them a letter asking them to remove it. I think I'm right in saying that you can only get the default removed if it was caused by the charges. If it is because you didn't keep up your payments, I think you will struggle to get it removed.

 

If it was Cabot who registered the default them I'm not entirely sure about that. You could argue that the amount was in dispute and that's why you didn't pay. I'm sure someone with more knowledge will be able to help.

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Its cabot who registetred the default.

 

Was just thinking that (cabot financial) in absense of producing an agreement, statement of account etc they have no right to hold any information about me, never mind sending it on to the dca's.

 

Am i wrong?

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

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I agree with you, no agreement not allowed to hold/share your info.

 

I have just filed an mcol against them (see my link in my signature) claiming for damages caused by them sharing my information without permision and the data they are sharing is causing me to have to take out credit at a higher rate. I am charging them this higher rate on my 3 year fixed rate mortgage (difference between currnet mortgage and what I could get should I have good credit rating).

 

Was issued on Thursday so just have to wait and see.

 

In the claim I asked for the damages, court order to remove my data from CRAs.

 

tick tock tick tock.

 

I have only received 1 letter from cabot saying they are looking into it and will reply by end of Sept. diddly squat.

 

Well they received 1 from me. Give me £X,000s damages please and take these black marks of my file.

 

tick tock tick tock.

If I have helped click my scales....

 

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Problem with that for me, is proving that the default by cabot is the one affecting my ability to obtain credit, not one of the other 4 defaults...

 

They don't seem to pay any heed to letters ata ll.

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Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

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  • 1 month later...

Nathal, can you tell me what has happened on your Cabot issue please?

I had a citi debt it was SOLD to Cabot in 2004 - Kingshill No1 Ltd registered a default & citi's is still on my credit file too. Claimed charges from Citi and they refunded the difference between £25 & £12 OFT guidance ( Like everyone else here) and sent it to Cabot too. It was ALL charges on the Citi card £900 + . Cabot haven't replied to my CCA request at all and Kingshill Haven't replied to tell me why they have put a default on . I have been so busy on other things I haven't had a chance to follow up on either Citi or Cabot but time is freeing me up so I'd be grateful to know what happened as your last post was October and some move faster than me :D - I smell blood !

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Nathal, can you tell me what has happened on your Cabot issue please?

I had a citi debt it was SOLD to Cabot in 2004 - Kingshill No1 Ltd registered a default & citi's is still on my credit file too. Claimed charges from Citi and they refunded the difference between £25 & £12 OFT guidance ( Like everyone else here) and sent it to Cabot too. It was ALL charges on the Citi card £900 + . Cabot haven't replied to my CCA request at all and Kingshill Haven't replied to tell me why they have put a default on . I have been so busy on other things I haven't had a chance to follow up on either Citi or Cabot but time is freeing me up so I'd be grateful to know what happened as your last post was October and some move faster than me :D - I smell blood !

Andrew1

 

Could you not write to Citi and tell them you have not received the refund of charges. Tell them that the debt to Cabot is currently in dispute.

 

In the defence that I got from Cabot it told me what they paid for the debt and it was exactly 10% of the original debt.

 

Did your refund from Citi add up to more than the 10% of the original disputed debt? Nice little earner for Cabot. they pay 10% and get far more back for no work.

 

I have unfortunately paid off the Citi debt that Cabot bought!!! but I am in a similar boat with Halifax (BOS) and the court papers were acknowledge a couple of days ago. I have sent a fax to the legal department saying the debt to Cabot is not acknowledged and is in dispute plus I have started court proceedings against Cabot as they failed to comply with the CCA request so any money paid to Cabot will not be considered as received by me and I will continue to court to claim it back. Not sure what they will do.

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