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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
    • so you've had a notice of assignment then?   if so that's rare for nasty west to sell it on they typically litigate themselves so I bet the debt is vastly inflated with penalty charges and the interest they attract.   i'd be sending NW an sar get all the statements. then go thru them with a fine toothed comb.   could be £1000's to reclaim....   pers i'd stop paying   what was the original debt amount and what is outstanding now a bit more info on the history please   dx    
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Hi everyone!

 

A bit of background first...

 

I live in a converted 3 bed flat that shares the same door/flat number with a 1 bed flat below (let’s just say our shared door number is 3A for this example).

I share this flat with two others who are not related so I believe this qualifies for HMO.

The 1 bed flat below is a couple.

We do not have any shared facilities. 

 

I have lived in the property for over 5 years and have never had a contract in this time, neither have the various people that have been and gone in the time that I have lived there and we have all paid our rent individually to the LL.

 

When I first moved in, one of the previous tenants told me that council tax was covered which didn’t seem out of the ordinary as the flat is HMO and we never had any letters through.

 

When the couple downstairs moved in about 4 months ago, they have seemingly queried the council tax banding for their 1 bed property as it was band D.

An officer came round and was surprised to see that 3A was in fact two properties. 

My landlord (who owns both properties) is now asking me to contact the council to get this sorted.

 

I am now fearing that I am going to be asked to pay an incredible sum because it would seem that our flat upstairs has never been registered as a dwelling.

I have had a look on the gov website and it shows the council tax banding record for 3A has been deleted so I’m not sure if I am best to call up and just ask for both properties to be valued?

 

I haven’t asked my landlord if he has been paying it as I don’t want anything in writing that could be used against me before I get advice first (I am going to follow this up with CAB). 

 

Bit of a long one but any advice would be greatly appreciated!

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Hi.

 

I expect people will be along to comment later. But I'm not sure why your landlord wants you to sort out the council tax issue when it's their property.

 

Also, what does your tenancy agreement say about council tax please?

 

HB

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Illegitimi non carborundum

 

 

 

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Hi HB,

 

I’ve never signed a tenancy agreement. Anytime someone moves out we just let the landlord know and arrange for someone to move in ourselves. 

 

Thanks

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Landlord needs to resolve this, not the tenants.

 

When the house was split into 2 units, this should have been registered with Council. Council can then rate the 2 properties properly.

 

Wait until you have spoken to CAB before you do anything. 

 

 

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