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    • Excellent news. All of these councillors have an interest in their constituents not falling into poverty, unlike the collections and call centre staff. 
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    • ok best shot..   you need to reply to that letter of claim.   for debt covered by the consumer credit act:   send a cca request along with the completed form:   NOTE ONLY USE THE ATTACHED FORM below DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAP LETTER!! DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER. USE ROYAL MAIL 1st class - get free proof of posting from any PO counter   box D tick   I dispute this debt because ..i refer you to our previous communications and my previous respond to your previous Letter of Claim. i am over 50yrs and have deferred as required to meet the age write off.    box I tick   I also require you to supply the following..   All signed agreements Copies All my deferment sent to either yourselves, the SLC or the SAAS to date. Copies of all communications bothways in whatever format to/from Erudio, Capquest, yourselves and Me A copy of the any Default Notices A copy of the Notice of Assignment A complete set of statements detailing exactly how the sum you allege is owed has accrued detailing: All Transactions. Any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA. Details of all contractual interest added by whom and on what date. List of ALL Payments made toward the Agreement   no need to do the financial statement etc anything else or send anything else bar the above do NOT give them your phone nor email PRINT your name never sign the form   staple the £1  PO to the CCA request and send it to the debt purchaser return the completed PAP form below to the solicitors that sent it to you attain free proof of posting for BOTH at any PO counter 1st class mail will do. recorded is a waste of money   reply form PAP.pdf
    • There's more support for many in the Budget, but for some it still falls short. View the full article
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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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My Landlords gave false information to the Rent Officer in support of an application to register a new rent. This was in respect to a fellow tenant who is vulnerable. I informed the landlords of their inaccuracies several times and they took no action to correct them.

 

The Rent Officer made an inspection and heard evidence. The landlords sent a representative who did not give evidence. The Rent Officer accepted all of the tenant's evidence and fixed a fair rent. Is there any action that can be taken against the landlords who were either attempting fraud or at the very least being grossely negligent?

 

The tenant has suffered no financial loss but several months of worry. The landlords is a Housing Association and has refused to deal with the matter under their complaints procedure so it is now being referred to the Housing Ombudsman's Service.

 

I am wondering if anything else might be done to stop this abuse of a vulnerable person.

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as it has gone to the HO then you are better letting things run their course. The only other people worth contacting would be the trustees of the HA as they are legally laible for all that their staff get up to. You may well get some sort of apology for your neighbour this way as well as a formal investigation about the refusal to follow procedure. Make sure you have an alternative address to post your letter to though or they will disappear in the internal mail system of the HA. Most HA trustees are fairly public figures so sending the letter to another business address will be sufficient if you cant find their home address

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Thank you. In the past I was not sure that letters sent to the HA for the Trustees were actually received by them. At that time the trustees were not public figures but they now are so I am following your advice and seeking to contact them direct. I am taking care to ensure that my allegations are kept as private and confidential as possible.

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My experience is that a letter sent via the HA doesnt get there. HA's hate having to publish bad news about themselves in their annual reports so the upper echelons of the staff will do almost anything to stop this happening. Same goes for most Quangos like these training agencies paid to look after the long term unemployed and the companies paid to evaluate the long term sick and disabled.

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Thank you ericsbrother and a quote for the email I received from them earlier today with indentifying stuff removed.

 

"If you have any information which you wish to be passed on to Board members in the future, I think it may be more appropriate for you to send it to me and I assure you I will forward it to them on your behalf. As you may be aware our Board members work with XXHA on a voluntary basis and many have paid employment in other organisations, and I’m sure you will respect their desire to keep their involvement with XXHA separate from their other professional activities."

 

Oddly enough I do know having been a board member of several organisations over the years. My experience now over thirty years ago of our director being arrested by the Police for extortion was something which did surprise us. After that when I have been a board member I have always given contact details so that employees or people using the service could get in contact with me direct.

 

The rest of the email pretended that they knew nothing about it which is strange lookiing at the heap of emails which I am currently organising.

 

They are worried and they have much to worry about. I am not seeking revenge but I am fed up with the hypocracy of the organisation. Will let you know what happens next.

 

 

 

 

 

 

 

 

 

 

 

 

 

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My Landlords gave false information to the Rent Officer in support of an application to register a new rent. This was in respect to a fellow tenant who is vulnerable. I informed the landlords of their inaccuracies several times and they took no action to correct them.

 

The Rent Officer made an inspection and heard evidence. The landlords sent a representative who did not give evidence. The Rent Officer accepted all of the tenant's evidence and fixed a fair rent. Is there any action that can be taken against the landlords who were either attempting fraud or at the very least being grossely negligent?

 

The tenant has suffered no financial loss but several months of worry. The landlords is a Housing Association and has refused to deal with the matter under their complaints procedure so it is now being referred to the Housing Ombudsman's Service.

 

I am wondering if anything else might be done to stop this abuse of a vulnerable person.

 

Thank you. In the past I was not sure that letters sent to the HA for the Trustees were actually received by them. At that time the trustees were not public figures but they now are so I am following your advice and seeking to contact them direct. I am taking care to ensure that my allegations are kept as private and confidential as possible.

Thank you ericsbrother and a quote for the email I received from them earlier today with indentifying stuff removed.

 

"If you have any information which you wish to be passed on to Board members in the future, I think it may be more appropriate for you to send it to me and I assure you I will forward it to them on your behalf. As you may be aware our Board members work with XXHA on a voluntary basis and many have paid employment in other organisations, and I’m sure you will respect their desire to keep their involvement with XXHA separate from their other professional activities."

 

Oddly enough I do know having been a board member of several organisations over the years. My experience now over thirty years ago of our director being arrested by the Police for extortion was something which did surprise us. After that when I have been a board member I have always given contact details so that employees or people using the service could get in contact with me direct.

 

The rest of the email pretended that they knew nothing about it which is strange lookiing at the heap of emails which I am currently organising.

 

They are worried and they have much to worry about. I am not seeking revenge but I am fed up with the hypocracy of the organisation. Will let you know what happens next.

 

 

 

 

 

 

 

 

 

 

 

.

 

What exactly was the false information the LLs gave the Rent officer.

 

It can be a complex matter applying for a fair rent to be registered under 1977 Rent act, LLs could have made a genuine mistake !

 

Who applied for a fair rent, was it the LL, Tenant or joint application by LL and T...

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Indeed it might have been originally and so I did what any resonable person would which was to contact them pointing this out. But they persisted over a period of some months before the hearing despite many requests to correct the information. The false information roughly, not precisely which would coved several pages, was that furniture was supplied, that the tenant was responsible for damaging furniture, that cleaning services were provided, and so on and on. Accounts were included which referred to an aggregate of other properties. The person supplying the information was an accountant who had once been empoyed as an auditor. I am not claiming that s/he was guilty of fraud which requires dishonesty. I suspect that the person was so arrogant that they could not believe anyone else might be correct. Their failure to check information after, I think, at least six warnings is remarkable. Their contemptuous behaviour in sending a housing officer who had no knowledge of the issues to the hearing is disgraceful and shameful. No wonder they don't want the Board members to know what went on.

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Indeed it might have been originally and so I did what any resonable person would which was to contact them pointing this out. But they persisted over a period of some months before the hearing despite many requests to correct the information. The false information roughly, not precisely which would coved several pages, was that furniture was supplied, that the tenant was responsible for damaging furniture, that cleaning services were provided, and so on and on. Accounts were included which referred to an aggregate of other properties. The person supplying the information was an accountant who had once been empoyed as an auditor. I am not claiming that s/he was guilty of fraud which requires dishonesty. I suspect that the person was so arrogant that they could not believe anyone else might be correct. Their failure to check information after, I think, at least six warnings is remarkable. Their contemptuous behaviour in sending a housing officer who had no knowledge of the issues to the hearing is disgraceful and shameful. No wonder they don't want the Board members to know what went on.

 

 

If there was any previous Fair rent registered, it should say here https://www.tax.service.gov.uk/check-register-fair-rents/search if there was "furniture was supplied" cleaning services were provided, any service charges and so on and on.

 

The main point is a fair rent has been registered, which is going to protect your fellow tenant.

 

From reading your previous posts on this HA and if your fellow tenant wants to continue with compliant to Housing Ombudsman.

 

Your fellow tenant should ask for help from CAB or Shelter and leave it at that....

 

 

 

..

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Application to increase Fair Rent is a simple 2 sided A4 form. Any new Services provided/sig improvements since last Registration and new rent requested is all that is required, from memory. Other info reqd is a matter of record. Ts vulnerability status is not considered. RO attended Property and talked to T before making a decision. T/LL had 30 days from Adj Notice receipt to challenge RO decision, then Fair Rent is fixed for 2 years. Increases tend to follow pre-ordained calculation.

How come T qualifies for a Fair Rent from HA?

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Application to increase Fair Rent is a simple 2 sided A4 form. Any new Services provided/sig improvements since last Registration and new rent requested is all that is required, from memory. Other info reqd is a matter of record. Ts vulnerability status is not considered. RO attended Property and talked to T before making a decision. T/LL had 30 days from Adj Notice receipt to challenge RO decision, then Fair Rent is fixed for 2 years. Increases tend to follow pre-ordained calculation.

How come T qualifies for a Fair Rent from HA?

 

Form RR1 is indeed just 2 pages https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/438033/RR1-applicationforregistrationoffairrent.pdf

 

However addition information like tenancy agreements, service charges, any relevant information, so on can held at Rent office in paper form attached to a application.

 

Question 3 on the form asks

 

3

Name and Address of Landlord

If a registered housing association or

housing trust, or the Housing Corporation, tick here

A housing association tenant can have a fair rent set as long as they moved in before 15/01/1989, however its not called a regulated tenancy like with private LLs, 1977 rent act/42/section/15 and 16, as amend.

 

So housing association tenants can have a fair rent registered.

 

If there have been any significant improvements in the property since last registration, this is covered by "Rent act" 1999 Capping order which limit any rent increase to 15% on top of the existing fair rent.

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Thank you.

 

The form is indeed two pages long and had several other pages attached to it.

 

The tenant moved in over thirty years ago.

 

There have been no improvements to the property.

 

And some other points - the fellow tenant is unable because of disablity to seek help from the CAB or Shelter. In my experience each of these would say that as a Fair Rent has been registered the problem is solved. I have the Housing Ombudsman forms and have reported the matter to the Local Authority.

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  • 3 months later...

Update on 4 December I became ill which has turned out to be cancer and the doctors are not sure that the treatment will work. I've had an operation and start chemo later this week. The tenant is content with the new rent. I am inclined to leave matters.

 

Thank you for your advice and guidance for which I am very grateful.

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