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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • 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
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      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.
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TT, OH has a motability vehicle, he is just hunting out the paperwork now. Will let you know what we find :)

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Citizen B

 

In answer to your question about Motability, about two years ago a lady contacted the debt charity (where I work one day a week) as her Motability vehicle had been taken back by Motability as she had a LOT of unpaid parking tickets (which from memory was about 20 tickets).

 

At that time I was involved in a lot of discussion with the Motability legal team and it was then that I was made aware that there is indeed a clause in the Agreements. However, the clause (at that time) stated that the driver could be in default if they failed to pay motoring FINES ( which are not parking tickets).

 

In light of last night's programme I will be contacting Motability Finance for further details.

 

If anyone viewing this post has a Motability vehicle I would be pleased to know what clauses are in the Agreement.

 

 

I already have all those details TT as you know to assist you I can scan up and send via PDF.

 

 

As far as the comments that were made this is significant proof for ANY member of the public to make an official complaint as to the conduct of the EA, this was a definite defamatory remark to the disabled person which is contrary to the DDA/Equality Act. The discrimination was the words used, "well you can afford to run a nice car" I will be doing as such because I am very offended because the person IS disabled.

 

The more complaints against this Company should be sent to peoples local MP and so on.

 

 

Also a complaint to the MoJ because the EA breached rules in regards to the fact that he went through someone's rubbish without just cause. One is already in the email system from me asking why they are allowed to do so.

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Here you go.. I scanned it in as pdf.

 

[ATTACH=CONFIG]50806[/ATTACH]

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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All I can see regarding to parking tickets is at

 

Clause 3.5 - Where you will be responsible for all parking charges and fines (along with a few other items)

 

and

 

Clause 14.1.5 - Where the vehicle or any goods are siezed or threatened to be seized to be made subject of a Court order whether or not it later becomes proved to be unlawful. (This one appears to be more in respect of Bankruptcy proceedings from what I can see).

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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citizenB

 

 

Clause 14.1.5 - Where the vehicle or any goods are siezed or threatened to be seized to be made subject of a Court order whether or not it later becomes proved to be unlawful. (This one appears to be more in respect of Bankruptcy proceedings from what I can see).

 

This has been deliberately left open with the words "Court order" this can be interpreted as ANY Court order, a legal loophole that can be exploited by anyone that has an order. This could be very difficult for a debtor that has a COURT ORDER in any court against them. DAMN that's a big loophole now making those enquiries

 

 

The results are in, Just spoke to a lovely lady at Motability, The EA CANNOT take control of any vehicle under this scheme as the RO is not the debtor and they would if removed get the vehicle back, the words "Court Order" are specifically for the scheme to gain control of the vehicle and no other "seizure" can take place. This includes cars, MPV's scooters or any vehicle issued under this scheme

 

 

They also confirmed due to last night programme that they "Motability" could end the agreement if the debtor failed to arrange a payment plan to clear the debt with the EA

 

 

Courtesy of the Motability Legal Department

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I was also disgusted at the way that the bailiffs treated this disabled man. When discussing the issue of the parking ticket, the disabled man does say that he cannot afford to pay in full straight away, but would be happy to set up a payment agreement of £5 per week. He NEVER refuses to pay at any point. The bailiff then says quite clearly that the man is refusing to pay. He is not. There is recorded evidence to prove that he has offered to pay, which I believe that the EA cannot refuse. I was appalled by the way the man was treated, especially when the younger EA appeared to belittle this man by saying "you can afford to run a nice car sir". I felt that the driver had no choice but to defend his reasons for having a mobility vehicle, which was upsetting to see. Please can anybody advise where I can issue a formal complaint about these bailiffs? Would I be able to complain to the BBC? Or is there a contact number for the company these men work for? I have never complained in such a way before. Is this really the way that we should treat disabled people in this country?

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tombeck1979

 

 

A site team member can furnish this information for you, but not knowing the Council that was involved could prove difficult but a formal complaint can be enquired about here

https://www.gov.uk/your-rights-bailiffs/how-to-complain-about-a-bailiff

 

 

or here

 

 

http://www.whyte.co.uk/contact.htm

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tombeck, I am sure that tomtubby would be able to advise where you might make a complaint.

 

I would certainly send something to the Programme makers.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Referring to post #31 this again shows how when a debtor identified themselves as vulnerable the EA still didn't retire but continued to harass the debtor, when the "guideline's" state they should seek advise from the creditor, again showing that this company are not fit for purpose.

 

 

What is the point of having guidelines available when companies openly abuse the system, surely the MoJ has more than enough "evidence" how corrupt the EA system really is, I cannot wait to see the next episode on this

 

 

MM

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This episode will show the public and the relevant people just how things have NOT changed since April.

 

 

I bet this episode gets more complaints to the BBC for this very matter the more the merrier

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Just come in from filming an environmental improvements project, and caught up with the thread, Formal complaints regarding Whyte & Co should be winging their way to MOJ, they should also be told tht the Direct Discrimination, contrary to the Equalities Act 2010 will be reported, and the evidence against their EA is there for all the world to see. Surely where there is a vulnerability, or a problem with low income the council should allow payment arrangemnents before enforcement action, as I think that all PCN must be paid in full.

 

Whyte & Co disgust me,

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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Brassnecked

 

 

The whole issue in regards to vulnerable households is a very hot topic, obviously I will not insult you, but with the documents that have been upped on these forums lately go to show that the LA has a DUTY before they send a case to the EA which is very widely known in the first place.

 

 

So in reality why do LA's send it out in the first place when they already know there is an issue, this just goes to show how they work hand in hand with their enforcement agents

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MM you are all too correct, they are the LA so regard a duty of care to be something that applies to everyone else but not them and will try to deflect blame to their agents or stonewall and support them, when it goes badly wrong, they fall back on the "Well they owe money" argument, as in" the end justifies the means, so move along now nothing to see"

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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did anybody else notice they said they would seize the roofers van if he didnt pay?? would that no be classed as work/tool of the trade???

 

If it is worth more than £1350, then under the new rules it would be fair game... apparently

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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If it is worth more than £1350, then under the new rules it would be fair game... apparently

They seem to be selecting the bits of the old and new legislation that they like and dismissing the ones they don't.

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If it is worth more than £1350, then under the new rules it would be fair game... apparently

 

 

was this not filmed last summer before the new rules come into play?

 

looks very sunny a warm in most of the program! same with the driving instructors car the other week. its all very wrong

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was this not filmed last summer before the new rules come into play?

 

looks very sunny a warm in most of the program! same with the driving instructors car the other week. its all very wrong

 

Well yes it would be tool of trade absolutely then, so long as soley for business use with one driver, but the £1350 is now so if they were to film now it would apply, that was my point.

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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Well yes it would be tool of trade absolutely then, so long as soley for business use with one driver, but the £1350 is now so if they were to film now it would apply, that was my point.

 

 

i get your point now i just didnt no when it was filmed and had to google it. still regardless the conduct of the EA and the companys as a whole are disgusting and like has been said complaints need to be made.

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i get your point now i just didnt no when it was filmed and had to google it. still regardless the conduct of the EA and the companys as a whole are disgusting and like has been said complaints need to be made.

Absolutely, they were way out of order especially with the disabled Motability driver. Equalities Act 2010 breaches for bailiff comments regarding affording a motor. Wonder if these bailiffs would be facey enough to try to seize a mobility scooter from the back of an adapted Motability car?

 

I have seen a CEO slap a parking ticket on one of the large 8mph ones that had a Q plate on it parked outside a shop on the pavement.

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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I wonder what's going to happen with not being able to remove vehicles worth nil tax when tax discs become no longer used soon from 1st October 2014.

Surely we can not depend on the EA to check if it's nil tax as they don't seem to be able to check the actual owner is the debtor at the moment !! So can't see that changing anytime soon.

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