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    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
    • Frankly I think you should go to a hearing unless you feel especially nervous . If you have any worries then you should follow our link to find out about a county court familiarisation visit     You shouldn't forget that county Court judgements are very helpful but they are not binding. They are only persuasive.  It is difficult to see you losing but it might be better to be there in order to counter any arguments from the other side
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Not going to be able to pay rent shortly


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After a nightmare 6 months I now find myself in a really bad financial position. Basically my father died in a house fire in April and I was his carer. It turned out the house was uninsured so all the money from his bank accounts and money borrowed was spent on repairing the property so it could be sold.

As his carer for the last 10 years I was receiving Carers Allowance, top up Income Support, Housing Benefit and Tax Credits as daughter is student.

 

The CA and IS stopped after a run on period of 10 weeks (although IS was overpaid because they claim that the phone call that stopped all my fathers benefits, pension and carers allowance did not notify them for some reason so they now claim I have been overpaid £300+)

 

Up until now I have been managing to pay the rent topping up the HB with money from the estate at same time as repairing his house which as you can imagine costs thousands. I still receive HB and Tax Credits and will be applying for jsa.

 

The house has been up for sale since July and has sold twice but both sales fell through due to buyers losing their own sale. I now have enough money to pay one more rent then I am in trouble

 

I have been in my rented house for 6 years, never been late with rent and had an initial 6 month tenancy and now it is on a rolling agreement. My landlord is a private landlord and has a months rent in advance,a deposit of one month and a £600 extra bond I paid to enable me to have my pets at the property.

 

 

My daughter will not move into my fathers old property due to the death of her grandad, under those circumstances, she will not even set foot it it

 

I have been praying for a sale on the property before I got in this situation. There is still a few of my fathers utiities owing which they agreed to wait for till estate settled in full when his house sells.

 

From previous experience I am not sure where I will stand as regards getting benefits with notional capital as there was money left me, albeit it had to go on restoring his house as a priority. There depriving yourself of money for the purpose of claiming benefits springs to mind

 

Any advice on how I can keep my home would be appreciated. Obviously I stand to inherit over 100k whe house sold so whether landlord is in a position to accept reduced rent I dont know as arrears would be paid when the house sells/

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I am still getting housing benefit but there is a shortfall of £165 a month and I have over £200 a month in direct debits for utiities. Gas and electric alone is £90 a month. I have borrowed as much as I can and have no more funds available after this month of topping up rent and living food etc

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Did you inherit your fathers house then? and if sold you will get the proceeds?

If so it must be declared as an asset which may affect your claim for HB! be careful.

If you don't pay the rent the LL can issue a section 8 notice when you become more than two months in arrears and it will take about another month to go through the courts and get an eviction order.

So you have a few months yet.

As you have explained it I see two options.

1, wait until house sold and then use money to get your own place.

2. move into the house ( daughter will just have to accept situation you are in ) then sell later if needs be.

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Yes I inherited the house. It is still in fathers name but can be sold by me as I am sole heir and executor of the will. Council are aware that property is for sale and empty and as I am claiming HB for my home I am renting now and not receiving any income from the property it is OK. This came up with regards to council tax. Seems because it is not in my name, it is not yet my asset until I receive the proceeds from the sale or the property is put into my name, they are aware of the situation.

 

I have no option but to sell it as I have had to borrow money to repair the house after the fire, that needs to be repaid and there are also outstanding debts from my fathers estate that need to be settled from the proceeds, final utility bills etc. I had to pay out for funeral and then there was not enough to repair house and clear bills There will not be enough money for me to do anything other than continue to rent and having been his carer and not working for last 8 years chances of getting a job at nearly 50 are slim:( The last 4 months all I have been in receipt of is HB and Tax Credits for daughter so now am down to last few hundred pounds and have been making up the shortfall from the money lent to me but now there is hardly anything left.

 

I can't live in it until it is sold because I will then have no income to pay any bills or live . At the moment it is not liable for council tax as it is empty and no services being used so no bills other than standing charges

 

I am in a complete catch 22 situation.

 

I have been a good tenant paying rent on time for 6 years, so dont want to be evicted for arrears as I wont get a reference for my future rental if I have to leave my present home. Then I will struggle to get a tenancy as I have no guarantor

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Yes have done all that probate has been granted.

 

I have already spoken to land registry when I wanted to see how much it cost to put into my name They told me if it was to be sold then I did not have to put it into my name as I am also the executor. My solictor will just need to send copy of will and grant of probate and death certificate when they are doing the conveyancing. This was confirmed by my solicitor when I had a buyer and I gave her the deeds etc.

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Cool, glad you sorted that out.

suggest you speak to the council regarding rent, they may be able to give you a loan or emergency funds.

hope the house sells quickly, would solve most of your problems, or maybe rent it out until sold?

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Thanks

 

It sold after three weeks of going up, then they lost their buyer. Sold again three weeks later and again lost their buyer due to bad survey. I have been so unlucky all round with it!! Coming up to quiet time for house buying before Xmas that is the problem.

 

Least worst case scenario is I have a couple of months but even with rent there is not enough money for bills and food:(

 

Just dont want to get no reference for a new rental if I am evicted

 

Dont think I can rent it would have to be a minimum of 6 months and I would need it gone before then. Would be scared of getting bad tenant also as it is brand new everything. They won't want to rent whilst its up for sale they could put people off also

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2 poss options to explore -

 

1 Have a word with few EA managers to identify any vendors due to complete before new property avail. Some will rent short term, rather than lose sale or take out a bridging loan.

Rental contract can be for 1 month then monthly rolling. The 6 month quoted min is mainly because Courts will not consider a s21 repo order before min 6 months for an AST. You would need a solicitor to draw up correct Contract.

2. Put property in your name, give current LL due Notice, move in. Find a suitable lodger under Govt Rent a room Scheme and rent, up to £4250 pa, is tax free (£350 pcm) PLUS no outgoing rent. You may still be eligible for HB etc.

Both options have pro's & con's but worth investigating to avoid what you fear most. IMO

CAB & Shelter and others here can hopefully advise further.

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Thanks for that. Maybe something to consider re short term rental for house buyers prior to completion.

 

As I said daughter will not even consider living in house due to the fire and her grandads death so moving in is not an option. She is 18 so not as if I can force her to.

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