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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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Pepper UK/engage mortgage/Mars Capital - excessive unlawful fees reclaim+Eviction


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Hi dx100uk,

 

I have completed charges spreadsheet and will forward tomorrow.

 

 

However due to not sending I&R form with supporting documents the company is threatening legal action.

What are my reasons for not sending information requested??

 

S13

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none of their business ignore the threats

 

 

upload the XLS here

and you need a covering letter too.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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who at Hurstanger?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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go advanced bottom left of post quick reply box

manage attachments

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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OUR ADDRESS HERE

 

10th October 2016

 

 

Hurstanger Limited Financiers

Suite 44,

Business Innovation Centre

Binley Business Park

Harry Weston Road

Coventry

CV3 2TX

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxx

 

I am writing to ask you to refund the charges which you charged to my account in respect of late payment fees to the sum of £ 7182.90. I now understand that such fees are unlawful at Common Law, Statute and recent consumer Regulations.

 

In addition your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations, which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. I would vigorously contend that this is the position regarding the fees which you deemed fit to apply to my account.

 

I would like to bring your attention to the following statement by The Office of Fair Trading:

 

"A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

 

I believe that the charges you have levied of £7182.90 far exceeds any true cost to yourself as a result of my breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches and provide me with documentation to support this, in order to reassure me that your charges really do reflect your costs.

 

Thus I am asking that you refund the charges and other fees which have been levied on my account. If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure I will enter a formal complaint to the Financial Ombudsman Service. I believe that these targets are more than sufficient for a company such as yours with dedicated staff.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

Yours faithfully,

 

 

 

Xxxxxxx

 

 

 

Enc. Spreadsheet of Charges

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no harm in leaving their address nor amount.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100uk,

 

Its been quite manic recently with the mortgage provider and secured loan company.

After sending reclaim spreadsheet and letter I received a statement from the company for a year statement Oct 15-Oct 16.

I take it this has no relevance to my claim.

 

Regarding mortgage provider

after month's of pursuing for a reasonable full and final settlement figure they have now issued an eviction notice dated 4th October 2016 posted on the 13th received on the 14th for 27th October 2016.

 

 

I am now in the process of completing figures for reclaim to send and also attach to particulars of claim once completed.

 

I will need Ell-enn's help and advice hopefully I'll be able to upload these figures without them disappearing from the spreadsheet. Been up since 4AM working on this I'll crack on.

 

Regards

S13

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Hi - I'm at work at the moment with little time to read through all the pages but I'm assuming they're trying to evict you for non payment of fees and charges ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell-enn,

 

I am not currently being evicted by the aforementioned company for fees and charges

however I am reclaiming unauthorised charges and am sure they will be next in line to pursue.

 

The eviction notice is from Pepper UK/Engage Credit due to arrears.

I am also in the process of reclaiming unauthorised charges

I will affixed as part of my witness statement.

 

I have completed the N244 Form and Budget Sheet.

However, I may need assisting with my statement as may need tweaking.

 

 

Please find to follow below:-

 

STATEMENT

 

I am the defendant in this case and respectfully request the court to consider the following information when hearing my application.

 

The arrears arose due to temporary loss of employment when the company that I rented my Hackney Carriage Taxi from sold their fleet of Taxis. This left me without a vehicle to work.

 

I have recently applied and received my Private Hire Taxi Badge and have resumed work.

I am now confident that I can maintain payment of £75.00 per month towards the arrears in addition to the the contractual monthly payment.

 

The arrears should be cleared within a reasonable timescale of 51 months dependent on the true figure of the arrears amount.

(Please see affixed Income and Expenditure Statement)

 

I am also at a loss in understanding my arrears figure .

To date I have paid 38 payments of £50.00 = £1900.00

however this does not reflect in my mortgage balance. I

 

 

am also in the process of reclaiming unfair charges to my mortgage account in the amount of £7726.52.

 

I have liased with Engage Credit via letters and telephone calls regarding an offer of a true full and final settlement figure as my partner is in the process of securing a mortgage for the property.

 

 

They replied turning down the amount offered and forwarded redemption amount.

(Please see affixed letters sent to Engage Credit)

 

Therefore I respectfully ask the court to take into account the case of Cheltenham and Gloucester V Norgan when considering my offer of payment and also s.36 of the Administration of Justice Act 1970.

 

There is one dependant child resident in the property aged 12 years old.

 

I assure the court I am committed to clearing the arrears and respectfully ask that the eviction be suspended in order to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in this climate.

 

I believe the above to be true and factual.

 

Thanks

S13

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Hi, just a tweak to the 3rd paragraph :

 

I am unable to reconcile the arrears figure the Claimant pleads - I have maintained payments of £50 towards the arrears for 38 months which gives a total of £1,900, however the arrears figure the Claimant has stated does not reflect this. I believe the Claimant is using the arrears payment of £50 to offset their monthly arrears charges, and not applying it to reduce the arrears balance. I have submitted a claim for refund of these excessive charges which total £7,726.52

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi All,

 

Hearing is scheduled for tomorrow morning.

 

Been pursued by field agent had two visits last week letters left.

 

 

In the process of sorting my notes for court and still unsure whether to focus solely on asking for more time to get mortgage finalised to pay in full and if so how do I ask the court to consider this.

 

ANY ADVICE WOULD BE GREATLY APPRECIATED.

 

Thanks

S13

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Hi All,

 

Still awaiting advice. Should I ask for the order to be suspended or postpone until mortgage in place or for it to be set aside. I really would appreciate some help with getting prepared for tomorrow.

 

Thanks

 

S13

 

Hello there. I've flagged your posts for site team attention.

 

Best, HB

Illegitimi non carborundum

 

 

 

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IMHO I would make a big deal about the level of unlawful fees and what these represent toward the total of the outstanding balance.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

If you take the chance to tell the judge you are looking to remortgage to end the current relationship with the claimant; and to reclaim unfair default charges from the previous mortgage co. that were unfairly charged, you can do no harm.

 

If you can mention these items briefly, all you want to do is buy yourself a little more time.

 

It's up to the judge to take note or reject the issues.

 

Best wishes for the hearing ........... :thumb:

 

:-)

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note : we have NOT seen your spreadsheet yet!!

 

 

i'm gonna take a punt

and suggest you INCLUDE

the following in the sheet

let them workout they are not reclaimable...

 

 

TT Transfer - £65.00 - include

Arrears Fees - £30 x 30 Fees = £900.00 - include

Arrears Fees - £35.00 x 57 Fees = £1995 - include

Letter - £25 x 8 = £200 - include

Instruct Sols - £125.00 - include

Arrange Hearing - £100.00 - include

Arrange Warrant - £125.00 x 4 = £500.00 - include

RP & Co Solicitors - £2159.88 - include

Locks & Bolts - £520.00 - include

Charging Order - £50.00 - include

RDlink3.gif Cheque - £35.00 - include

mortgagelink3.gif Exit Fee - £175.00 - include

 

 

some of these you already must have

but put the others into the sheet

and include the latest visit fees too

you might have to ring the fleecers and ask them for the figures

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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