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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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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.
      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.
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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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Is there an ulterior motive to the pension change ? If people with a pension pot reach 55 under the new rules, they will be able to access the money, without having to buy an annuity. This could have implications for people with debts or who are receiving any state benefits. If you have debts, it is possible that you could be made to access the pension pot by a court to pay off any debts. If you are on any state benefits, you will have to disclose the pension pot as savings, which could mean that benefit entitlement may be cancelled or reduced.

 

Keep an eye on the government when they put the legislation through to see if they add any protections to stop either of these issues affecting people.

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Is If you have debts, it is possible that you could be made to access the pension pot by a court to pay off any debts.

 

Is there a source for this information?

If you are on any state benefits, you will have to disclose the pension pot as savings, which could mean that benefit entitlement may be cancelled or reduced.

 

You would still get your regular state pension though, right? It will simply mean that you may not qualify for other benefits such as pension credit, for example. There is a similar situation in place now as I understand it. I've not had time to read too much on this yet. But I will.

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Is there a source for this information?

 

 

You would still get your regular state pension though, right? It will simply mean that you may not qualify for other benefits such as pension credit, for example. There is a similar situation in place now as I understand it. I've not had time to read too much on this yet. But I will.

 

The details of the changes are not known at the moment. We will have to wait for the legislation. In theory, because you don't have to buy an annuity, the pension pot of money will become accessible savings once someone reaches 55. Therefore unless protections are brought in, it will have implications for people with debts or are in receipt of benefits.

 

You will still get your state retirement pension when you reach the relevant age. The government will also have a pension level minimum, so if you have not paid enough years in, you will still get a minimum level of pension.

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Well there are absolutely no provisions that force people to use savings to pay debts at the moment, so why would it change? That said, it could potentially be an issue where people are under a formal insolvency option such as an Individual Voluntary Arrangement or Bankruptcy. Also, those with CCJs against people could go for a third party debt order I guess.

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Well there are absolutely no provisions that force people to use savings to pay debts at the moment, so why would it change? That said, it could potentially be an issue where people are under a formal insolvency option such as an Individual Voluntary Arrangement or Bankruptcy. Also, those with CCJs against people could go for a third party debt order I guess.

 

I raised this issue, as it is bound to come up. The government should look at this, to make sure that the funds cannot be accessed unless the person makes the choice for themself.

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Once you have bought an annuity, you don't have a pension pot anymore. You just have the income from an annuity. I'm not sure you would be able to convert that back into a lump sum.

 

I think things will improve from a debt perspective as presumably people will want to take lump sums to clear debts. But in a few decades time we will see a lot more pensioners becoming completely reliant on state benefits. People tend to badly underestimate their own life expectancy, underestimate inflation and overspend against lump sums ... a toxic combination.

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can someone tell me if i can now take all my personal pension at age 55 as a lump sum?

it is only a relativly small pension i forgot about for years, and the latest statement says the pot is around 3000 pounds.

i also assume 75% is still taxable?

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first 25% tax free, remainder at your highest payable rate-and yes you can upto 30000 currently

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thanks,one other thing my pension provider seemed to say i could take my lump sum on my 55th birthday which is january next year, however i have read the full impact of the new rules comes into force in april next year

should i hold on till then as i might miss out on certain benefits?

sorry im confused.

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depends on the amounts involved really

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