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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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Letter Templates For Creditors???


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Hi,

I did have some letter templates for creditors. But i have managed to delete them :confused:

The main one im looking for is the one to send a payment i can afford and the debt to be written off.

I hope this sounds familiar to some one.

Any help would be great.

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Its ok i found them again.

I will post here in case anyone needs them.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 5 months later...
  • 2 months later...

This one should do if you are disputing the debt totally ( sorry don't have as a link ):

 

(Your home address)

_________________

_________________

Date: ____________

To: ______________

__________________

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

(Your signature)

REMEMBER

TO KEEP A COPY OF LETTERS YOU SEND TO YOUR CREDITORS

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  • 9 months later...

does anyone know where i can get a letter to ask my creditor to freeze interest?

MBNA - £308.40 charges refunded :roll:

Halifax - £190.00 charges refunded

RBS - £2100.00 bank charges refunded :p

RBS - Pursuing PPI claim and removal of 3 defaults

Barclaycard - £290.00 charges refunded

T-Mobile - default removed :grin:

Littlewoods - no CCA - removed account

Forth Housing - CCJ to remove :mad:

Lloyds TSB - Pursuing refund of £800 charges

JD Williams - no CCA - pursuing

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  • 1 month later...

Hello i am very new to this forum. I am also very desperate i understand that there are some legal loopholes taht exist in respect of credit card debts on credit agreements signed more than two or three years ago. I am desperate to find out EXACTLY what I need to do or write to get my frightening and debts wiped out I simply can not afford to pay them.

 

I also have a huge problem with a Interest only mortgage i took out in 2004. I can no longer live in the property and due to the huge slump in property value i am being offered 30,000.00 GBP less than i paid for the propety leaving a shortfall for teh mortgage redemion of about 27,000.00 can any one help me i am very very very desperate and i need to move fast.

 

Thanks

 

Hanna

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Hi Hannah unless you receive any better advice on this site and as time is of the esscence, my suggestion would be to contact your local Citizens Advice asap, as they are excelent with help on these matters, best of luck anyway.

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Hi Hanah,

 

any joy with the issues below?

 

Iceman

 

Hello i am very new to this forum. I am also very desperate i understand that there are some legal loopholes taht exist in respect of credit card debts on credit agreements signed more than two or three years ago. I am desperate to find out EXACTLY what I need to do or write to get my frightening and debts wiped out I simply can not afford to pay them.

 

I also have a huge problem with a Interest only mortgage i took out in 2004. I can no longer live in the property and due to the huge slump in property value i am being offered 30,000.00 GBP less than i paid for the propety leaving a shortfall for teh mortgage redemion of about 27,000.00 can any one help me i am very very very desperate and i need to move fast.

 

Thanks

 

Hanna

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Any one have any ideas where i can find a letter for non-complience of CCA request? its been 4 months since request. or should i just complain to TS & OFT??

 

cheers

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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  • 4 months later...

hi , i am trying to find a template letter where the creditior even thought you have gone through a debt mangement plan ie cccs they received a amount each month bit each month they charged 26.00 for a letter so in stead of paying the debit off it is going up each month .not getting any where thanks

crispin:(

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  • 2 weeks later...
Any one have any ideas where i can find a letter for non-complience of CCA request? its been 4 months since request. or should i just complain to TS & OFT??

 

cheers

 

 

I am in the same position as Jesteruk was, so far I have received either leaflets with t&c's on, a letter from Vanquis advising they only need to send a blank application with t&c's or nothing from others (who subsequently pass to debt collectors).

 

I am worried sick as I have 10 cards (between my wife and I).

 

HELP PLEASE

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  • 4 weeks later...

#Is it this one ?

 

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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  • 2 weeks later...

I am presently challenging my loan agreements but cannot find the template letters to send once I have received resp[onses to copies. For example I have received one saying they cannot locate the original document but have sent a blank one claimaing this is enforceable. would some kind person guide to the correct section of this site or anoth. Thank you

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I am presently challenging my loan agreements but cannot find the template letters to send once I have received resp[onses to copies. For example I have received one saying they cannot locate the original document but have sent a blank one claimaing this is enforceable. would some kind person guide to the correct section of this site or anoth. Thank you

who are the creditors?

 

I deal with this on a daily basis at work so if you can let me know which lenders you have CCAs with and what the replies are, i will hopefully be able to give you some help

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Thank you for your advice and assistance it is much appreciated

1. Littlewoods

2.Lowell Finance who state that they have asked their client to supply the document which was requested three weeks ago. They also state that only receipt of the agreement the full amount will become payable unless I pay £600 in settlement by 6 December, their letter is dated 1 December, I received it yesterday which was the 6th:mad:.

Regards :)

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  • 2 weeks later...
  • 4 weeks later...

:)

Have sent off the template letter N for copy of agreement. What would be the next step should I not receive one. Any ideas welcome..

I SENT THE SAME LETTER TO H.F.O.,WHO SAID I HAVE TO APPLY TO THE SHOP I HAD THE ORIGINAL AGREEMENT WITH.I TOLD THEM THAT THEY TOOK ON THE DEBT SO THEREFORE THEY BY LAW MUST COMPLY WITH THE REQUEST FOR AN ORIGINAL COPY OF THE AGREEMENT,THEY COULD NOT DO THIS IN THE ALOTTED TIME OF 12 WORKING DAYS SO THEREFORE THEY COULD NOT ENFORCE THE DEBT.I AM NOW FREE FROM THEIR HASSLE AND OWE THEM NOTHING..

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  • 4 weeks later...

Hi Everyone,

some really useful information about so thanks for that. Got a few questions please. I did have a default notice on my credit account, for £350 for an overdraft I got into trouble with, but it seems to have vanished? Do they go after a certain amount of time??

 

Another thing is, I am trying to get myself debt free for a move to Brighton but have recently noticed Vanquis Credit Card have defaulted me, and so I have another default notice on my account. I remember my card had a limit of 500, and the total owed is 650, so they have applied some charges. As these charges would be seen as unjust and unlawful does this mean the default is not valid. I want to get it removed from my credit file you see, as hoping to get a loan to do my PHD down south in a about 15 months time.

 

I have a letter template to send to cabot finance (thats the dca who have taken on this debt), it basically says I am in dispute of this debt and the amount owed, and that I require info on my liability for this debt. I asked for a reply with 14 days.

 

Is this correct?

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  • 2 months later...
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