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    • if you type in auxillis is our search top right in the red banner you'll see this con over auxillis and supposed courtesy cars , but it's not its an HP agreement is well known here.   9/10 it's ends up with you fronting a court claim out of your own pocket for auxillis against the other parties insurance company that you don't stand a chance of ever winning for a claim against them for the excessive HP hire car costs you got scammed with.   may i be frank that whomever told you looking at the circumstances of you incident that you'd ever win a claim and it not be 50/50 was wrong.   you were in a narrow road in a housing estate with cars parked down one side on a blind sweeping bend exceeding the speed you should have been doing for the stated weather conditions. running into someone's side that pulls out infront of you in such an area and it being where you live too so you know it well would never be the other parties faulty even without the poor weather. if this were to go to court you would lose.   sadly shows you were not driving with due care and attention.
    • I did see not to give those details out, but as these could wind up official court forms, I dont want to be on the wrong side of it.   the areas in boxes D and I, is it ok to say ""refer to appendix A, refer to appendix B"? There s a REALLy long list of "what the hell" I want out of them as this is making zero sense. Not only that, I've got a long list of "this is the hell" I need to send back in the dispute too.
    • the debt has been sold not passed on and yes there is no legislation that prevent a disputed debt being sold.   as for your other questions go read post 4 of that thread again carefully it's all there.   dx  
    • Can talktalk pass on a debt that was in dispute?   Is there a template I can send back? They shoulve have ALL the information anyway seeing as they took the debt over.   Not only that, I didnt get notified by talktalk that a debt was being passed on.   I'm looking over it now and will do it this weekend.   The parts asking for phone number and mail, I dont specifically want to give those out as they're for family use only.. Can I forgo those?
    • follow post 4 here:   The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. 1st Oct 2017 - Legal - Consumer Action Group
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
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we have been bidding on properties for over 3 years with this housing association, but in band d, after having shelter involved as environmental health say out property is not safe to live in.

 

Shelter sent the reports and our sons report about his disabilities, we have been bidding with no problems for 3 years, then all of a sudden i couldn't log on to there system, after calling them, i was told the application was deleted due to rent arrears on a old property, of which we had paid off, but still want 1500 in charges from us!!

 

i not happy, Environmental health have said this house is not safe, but the local housing is run by this housing association, who have now told us we can no longer bid or be with us.

 

I've asked why they have done this after shelter got involved! they are refusing to answer us.

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you will need to explain a little more about these £1500 charges and how the HA got wind of them. You may have to send a SAR to several places to get to the bottom of it unless you can show the charges unlawfully or improperly applied.

Keep on at Shelter and send a formal complaint to the trustees of the HA, preferably to their home addresses as the mail sent via the office always gets intercepted.

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Hi stuggling

 

I do hope what you were told during that call was also put in writing to you by the HA.

 

Now you mention rent arrears for an old property (do you know the dates are they correct?)

 

You also mention £1500 in charges (or rent) for what dates?

 

Formal Complaint time to the Housing Association (from now all communication should be in writing only ensuring to keep copies of all letters and get free proof of posting from post office)

 

Title the letter Formal Complaint and in the letter refer to both the rent arrears for the old property and the £1500 Charges and that you require copies of the following:

 

1. Complaints Policy.

2. Customer Care Standards/Policy.

3. Full Rent Statement copies from XX/XX/XXXX to XX/XX/XXXX the Rent Arrears claimed for old property.

4. Copies of the letters sent by HA to tenant of a rent arrears issue.

5. Full Statements of the £1500 charges.

6. Rent and Service Charge Policy.

7. Allocations Policy.

8. Equality Policy.

 

IMPORTANT follow the Housing Associations complaints procedure to the final stage and once completed if you are still unsatisfied with the outcome/response you can then go to the Housing Ombudsman.

 

Have the HA taken any action at all to rectify the unsafe condition of the property by EVH? (if non I would speak to EVH again).

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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The charges are rent arrears of which I've been paying £10 a week on its less then that now I know it is, it's at least 940,

 

It's a private landlord we rent off, HA are sending it in writing and I'm gonna take further.

 

The problem I now have is that EVH need us to move ASAP but this HA run the property's for our local council! So they won't help!

 

I'm at a loss what to do, we can't move out of area or it means me losing my job and children moving school, not easy with an ASD Child

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Hi stuggling

 

So you were previously in a housing association property before renting privately but still have rent arrears for the previous HA property which is being paid off. (If I am wrong please correct me)

 

What make this difficult is 2 areas.

 

1. You are no longer a Tenant of the Housing Association.

2. You are renting Privately from a Private Landlord.

 

Sorry to ask but are you fully up to date with the private landlords rent?

 

Did you end your Tenancy with the Housing Association as per there Termination process?

 

You need to challenge the arrears amounts as I mentioned in post#3 but it seems that they are now using the arrears against you to stop you being able to bid on properties

(I am surprised with rent arrears that you were allowed to bid on HA properties for the length of time mentioned and they only pick it up now one word is coming to mind "Maladministration" but you need the evidence by doing what i suggested)

 

Is your deposit protected?

 

Has the Private Landlord taken any action to rectify what EVH have picked up?

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Are you still repaying HA arrears at £10 /wk as per repayment agreement or have you recently missed a payment or stopped paying? Which may explain the bid block.

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No missed payments,

 

We left HA as we got offered a house near family, with an a child with ASD and both of us working full time at the time it was a huge help.

 

We are fully upto date with current landlord didn't pay a deposit just 8 weeks rent in advance .

 

All the landlord has done is measure Windows 2 weeks ago! EVH says the kitchen is in urgent need of repair!

 

We asked HA, why now but they won't give a reason just tell me I can go back on the list in a year

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  • 2 weeks later...

A Health and Welfare assessment was carried out on the 18th March 2016 and as part of this the application was reviewed and it was noted that in April 2015 the applicant had declared that they owed rent arrears from a former tenancy at , which ended on 08.01.12.

 

I have investigated the three rent accounts for this property and would advise you that there are former tenant arrears amounting to £3163.61. These amounts are made up of rent arrears of £1662.51, property recharges of £1401.00 and court costs of £100.00. I am aware that Miss & Mr were in dispute over the rechargeable arrears however payments were made on the rent arrears account as recently as January 2015.

 

Cont/………..

 

 

 

 

 

Section 3.2.4 of the current Property Pool Plus policy states;

 

3.2.4 Housing related debt

3.2.4.1 Housing related debts owed to a landlord equivalent to 8 weeks gross rent or greater will lead to a new or already registered application being disqualified from the Scheme. The application will be disqualified until such time as the applicant can provide evidence of having adhered to a repayment plan for a minimum of 52 weeks or having reduced the debt to below the equivalent of 8 weeks gross rent.

 

In order to become eligible to register on the scheme Miss & Mr will be required to reduce the outstanding debt to below 8 weeks gross rent (£669.04) or make a repayment plan and adhere to payments for 52 weeks. They will then be awarded a Band F (reduced preference) priority. Alternatively if they reduce the outstanding amount to below (£334.52) and they will be awarded a band award dependent on their circumstances at that time, at which point we would carry out a further Health & Welfare assessment.

 

 

The response, thing is I refuse to pay the 1401 as they won't give a breakdown as to what it's for! I've asked and asked it nothing, I was paying £10 pw till they demanded more

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