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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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    • If you are buying a used car – you need to read this survival guide.
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    • 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

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


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Good morning DM - yes I am following your cases especially with Cabot - tberns gone quiet too! ( lull before the storm eh? :D )

 

In my case, citi paid back about £500 of a £930 debt to Cabot who must have paid no more than £100 for it, but that's not the issue. My issue is why should Cabot get from Citi ( If any ) more than they paid for it? Surely the arrangement between me and Cabot / Kingshill No1 Ltd (If any ) is my business and my business alone - It's not for Citi to send my money to anyone else ( If I'd have known I could have had it sent to you or tbern !! :D ) No, this issue is deeper than that. It's the whole Cabot saga on one side which you are already aware of and what rights Citi have to dispense my money to Cabot.

 

I've also got the Default issues to sort out. Citi have left theirs on since 2004 when they sold the debt and Kingshill No1 Ltd lodged one the day they bought it. Cabot do not have the original agreement to prove I owed anything to anyone so they are in deep ****e anyway on that and have not responded to the CCA request. I tell you just this one account is a flaming nightmare to deal with.

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Good morning DM - yes I am following your cases especially with Cabot - tberns gone quiet too! ( lull before the storm eh? :D )

 

In my case, citi paid back about £500 of a £930 debt to Cabot who must have paid no more than £100 for it, but that's not the issue. My issue is why should Cabot get from Citi ( If any ) more than they paid for it? Surely the arrangement between me and Cabot / Kingshill No1 Ltd (If any ) is my business and my business alone - It's not for Citi to send my money to anyone else ( If I'd have known I could have had it sent to you or tbern !! :D ) No, this issue is deeper than that. It's the whole Cabot saga on one side which you are already aware of and what rights Citi have to dispense my money to Cabot.

 

I've also got the Default issues to sort out. Citi have left theirs on since 2004 when they sold the debt and Kingshill No1 Ltd lodged one the day they bought it. Cabot do not have the original agreement to prove I owed anything to anyone so they are in deep ****e anyway on that and have not responded to the CCA request. I tell you just this one account is a flaming nightmare to deal with.

I have been in a discussion with the GE solicitors and the arguement he has about them not having an agreement is that I made payments to the account so it obviously existed and they can produce a copy of an agreement around the same date as mine. Yeh right, lets see that one in front of Mr Judge.

 

I was also wondering if the DCA can issue a default in thrir name on the day they buy the debt when you havn't actually defaulted on a paymnet plan with them. Should the original lenders default not have been left on and the DCA just leave it at that? can they actually refresh the date so the 6 years starts again?

 

But the fact that Cabot paid

 

Did you take Citi to MCOL stage ? is it still open and could you tell them you have not yet received any payment?

 

On another note, did you SAR Cabot and get anything back? I am about to as I have 60+ days til my court meeting I thoguht I had better do 1, but who on. I was intending doing all 3 its only £30 of Nationwides money):D or should I just do cabot europe? and save £20? choices..

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I have been in a discussion with the GE solicitors and the arguement he has about them not having an agreement is that I made payments to the account so it obviously existed and they can produce a copy of an agreement around the same date as mine. Yeh right, lets see that one in front of Mr Judge.

 

I was also wondering if the DCA can issue a default in thrir name on the day they buy the debt when you havn't actually defaulted on a paymnet plan with them. Should the original lenders default not have been left on and the DCA just leave it at that? can they actually refresh the date so the 6 years starts again?

 

But the fact that Cabot paid

 

Did you take Citi to MCOL stage ? is it still open and could you tell them you have not yet received any payment?

 

On another note, did you S.A.R - (Subject Access Request) Cabot and get anything back? I am about to as I have 60+ days til my court meeting I thoguht I had better do 1, but who on. I was intending doing all 3 its only £30 of Nationwides money):D or should I just do cabot europe? and save £20? choices..

 

 

Hi DM, AS far as defaults registered are concerned, I am following Zooman (aka Ashley) who has quite a positive take on this. It appears Defaults and responsibilities pass, on a debt sold, to the DCA. The Dca carries the default over, but the card co should remove theirs ( I believe). It is the DCA ie Cabot in our case that we send a CCA Request to. The S.A.R - (Subject Access Request) will only provide you with all the information they hold on you under the Data Protection Act which, if you think about it won't be much because the debts are bought en-masse without paperwork as we are finding out. The CCA request is where these beggars are falling foul of the law because they cannot/ have not produced or got any of our agreements themselves so S.A.R - (Subject Access Request) is not really appropriate. Save that for the original creditor. This is why they (the dca's) are writing saying that it'll take 8 weeks to find them and then they write to the original creditor. However, they are obliged under some law or another to have proof the debt exists before asking for money - otherwise it's extortion.

 

As for your discussion with the solicitor, proof that you had the debt in the first place is actually not the issue and can be proved easily by bank statements from both parties, transfers of monies and payments etc. What the issue is is whether or not there was a 'properly executed agreement' signed by both parties to that agreement.

 

The problem with the Consumer Credit Act is that it states that the agreement sent to you need not have a signature box or signature, but to take you to court the court will want to see the ' original ' agreement http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-38.html (so why not send a copy of the original in the first place? - cos they can't find them - that's why) and therefore the agreement becomes unenforceable and since the DCA can't come up with the agreement under your cca request they are committing a criminal offence and wouldn't dare take you to court without one. Debt gone :D until they find the agreement that is and have grovelled to the court to get it enforced whilst picking up a fine for committing an offence themselves - don't think so!

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Yes they can pay it to Cabot,I am going through the same thing at the moment and the money I received from Nationwide was automatically taken off the debt I owed them too.Although it would have been nice to make a bit of money out of it i'm just as pleased to see my debts go down more with each claim I make.

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