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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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Moneybarn charges and default notice


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No not for unlawful fees

 

You need to do as post 68

Take control!!

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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Submit a further N244 and request a hearing to stop their action.

 

It doesn't matter how many times you have been to court before.

It doesn't matter how many broken arrangements you have, nor how high your arrears are, you are allowed to apply as many times as you like.

 

Each application should ideally be based on new information.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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the plot thickens!

This gets more and more confusing by the day!

I hope in some way my ordeal might help others going through similar!

 

So, on the same day I received one email saying my account wasn't on hold pending complaint then later had another email from a different staff member saying after consideration it was on hold and apologies for any upset!

 

Today I received a text message from MB saying that they had terminated my contract following expiry of the default notice!!!

I have not had a default notice in over a year , not since before it went to court!

 

Any idea why they might be sending this now?

Is it possible they didn't issue a termination notice previously ?

 

It says to call them about keeping the car .... I've told them several times I will only communicate in writing!

This whole thing is getting ridiculous now!

 

Am I able to complain to the FCA or do I have to wait for MB to finish their complaint?

So confusing !!!!

Edited by dx100uk
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Theyre trying to pull a fast one. Just do as previously advised and get to the regulators. What they are doing is their standard business practice and they have been fined and reprimanded multiple times for it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 3 months later...

I posted a while back about moneybarn attempting to repossess my car again and I have no idea what to do!!

 

There is a suspended order in my place and payments are up to date!

 

Got a letter on Friday saying they’ve instructed Burlington to take my car and I need to provide the keys and logbook!

 

I’m 6 months off the end of my finance agreement end date.

Why are they doing this?

 

How do I stop them as my payments are up to date!

Are they allowed to just take the car like that?

 

I could put in a request for a time order but I have no idea why I’m asking for one as I don’t need extra time ,

I just want moneybarn to go away and stick to what they agreed!

 

Any advice - I’ve no idea where to turn :( !!!

Edited by dx100uk
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remember, moneybarn ignore the law. Even with a court order or agreed repayments, they still think they can do whatever they want. Mainly because the majority of people roll over and let them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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you should have actioned post 79

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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  • 6 months later...

I have been looking at my settlement figure for Moneybarn as I’m thoroughly sick of them and want to just get rid!

 

my agreement ends in September so I will be clearing the finance 4 months early.

upon requesting the settlement figure I noticed that they have not given me any discount and still want the full interest amounts up to September! ( the agreement did go into default and there is a court order in place) - Is this legal?

 

ive also noticed they’ve charged me 16 lots of £18 fees over the course of the agreement too! Is this also legal?

 

i read on another thread that if the default notice issued contained those fees then the default notice was invalid. I have looked and it seems the default did include those fees! 

How do I address this and what would be the next steps? Would I be able to take it back through courts and get the order removed? Would I be able to claim anything back off them?

 

id appreciate any help or advice with this! I’ve been treated appallingly by moneybarn over the years and I feel if there was a way I could hold them to account for something then I should !

 

Thanks folks :) 

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old and new topics merged

please keep to one topic as it make a mockery of advice already given freely by others.

 

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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Is that the only response and I apologies but I couldn’t find my old thread! And it’s a slightly different question although related to the same company!

the last thing I’d like to do is make a mockery of people’s good will!

 

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 if you go back to about post 50 and re read from there you'll see this has already been answered.

 

did you get an sar running and reclaim all these unlawfully penalty charges?

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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" i read on another thread that if the default notice issued contained those fees then the default notice was invalid. I have looked and it seems the default did include those fees! "

 

Thats an old argument and not one that works now...you have to prove the fees are unlawful first to invalidate the DN

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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wont be if they refund them....:D

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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Would be a lot of work and risk involved to be able to prove the fees added are unlawful and therefore invalidate your default notice :rolleyes:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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yes jump that hurdle latter

wack in a penalty fees reclaim [properly using the CISHEET at their int rate] once you get the statements

nothing to lose there  for you and could gander you several £100's of the balance...

 

they've been fined numerous times by the authorities over their unlawful actions toward customers so you might get a good result.

them p'haps review things.

 

 

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

  • 2 weeks later...

Ok trying to move this forward.

just got a statement with £260 agents fees added even though they have no collected the car! Am I right in thinking this is illegal?

 

Moving forward is it best for me to submit an N244 with the court to try and stop them taking the car and for these unlawful fees?

Could somebody advise what it is I’m asking the court to do as I don’t want extra time to pay as the account is up to date but I don’t want them taking the vehicle because I’m refusing to pay these agents fees!

 

could really do with some help :) 

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its not criminal [illegal] ...it's civil - unlawful.

you should have done this 7mts ago when advised ...hit back.

 

there is no court case to set aside.

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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  • 4 weeks later...

Moneybarn are still trying to chase collection agents fees !

the agent did not collect the vehicle and Moneybarn continently have “ lost payment”! I am literally months away from finishing my agreement and they seem to be doing everything they can to get the car back at this stage.

they are taking an act now as we want and deal with the consequences later approach!

Theyve  added £342 now in “default sums” which are the fees their recovery agent have charged them for not recovering the car!!! They are trying to add these to my account!

 

how do I best tackle this?

ive put in a major complaint which they are dragging their heels over...

i need to somehow get some legal

protection in place but have no clue where to start!

 

please advise where I go and how do I challenge these fees? 

Ive paid everything up to date and I’m worried what I’ll do if they still come and take the car!

 

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they are unlawful.

how many more times

they cant take the car without an ROG

simply pay the car off and not any penalty fees and then put in a reclaim for all of them

or put the reclaim in now

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

There is a return of goods order which has been suspended.

Moneybarn are telling me if I don’t pay these fees then they will take the car.

I’ve got three months left and can’t currently pay the remainder off.

 

moneybarn are saying the account won’t be closed until every last part is paid off.

 

do I pay then reclaim back to stop them taking the car?

 

im so fed up with this company now ! 

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as usual Moneybarn are making up their own rules

 

THEY CANNOT REPO THE CAR ..fullstop

and THEY CANNOT CHARGE YOU A FEE 

for a powerless repo company to do it.

 

there is a suspended ROG in place

to activate that

they MUST go back to the COURT

and get COURT BAILIFFS to do it.

 

just pay what you owe for the CAR ONLY, no fees or anything.

if they do take the car [without going back to court] then you could take them back to court and sue them.

 

might even void the whole agreement if they did and then you'd get the car and ALL your payments back.

 

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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