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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • 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
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I will try to make this as short as possible, my partner had a loan for £10k which was with tesco before we moved into our current property, when he got the mortgage the repayments were too much to pay at £257 a month so he rang tesco to ask if he could spread the loan over a longer term, when he spoke to them they told him he had to speak to royal bank of scotland as they were the actual lenders, when he spoke to rbs he was told to speak to tesco, he kept getting passed back and forth like this for sometime. Eventually he received a letter to say a charging order had been put on our house by the debt collectors Incasso, obviously we must of received notice that this hearing would go ahead but we were swamped with bills and had no idea what it meant. We had a repayment plan through the court of £25 a week and everything was fine, then out of the blue we received a letter saying they were going to apply for the sale of our house, when questioned why we were told it was because we had missed some payments right at the beginning of the repayment schedule. We had a court hearing and it was adjorned until they had given proof of missed payments and we had agreed it was correct. We heard nothing for about 8 weeks then end of last week we recieved a letter from incasso with a breakdown of their court costs, at the top of the letter it said re. court hearing 17th july, we had no idea there was a court hearing as we hadnt received anything. After 2 days of trying to speak to someone at the court eventually on monday, 16th we were told to write a letter explaining we hadnt received anything and ask if the hearing could be rescheduled so my partner had time to book the day off work, prepare etc.. pushed it through the court letter box monday night. Received a letter today saying they have given Incasso right to sell our house and unless we pay £13k by 14th august we must hand over possession. The house cant be sold for less than £150k without a further court order and its currently worth £130k we have £50k of equity in the property and are going through a remortgage also if we dont willingly hand over possession it will be taken to the high court.... What can we do??!! Please, please help.........

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Probably a few weeks, not exactly sure, there was a mess up with how much they could lend us as my partner has moved work site, but he now earns £100 a week more so he needs to advise them and get the ball rolling again. We go on our honeymoon on 22nd july

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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I'm presuming that your partner had a CCJ on the Tesco loan and had defaulted on a payment/s. If not a charging order should not have been granted.

Was the loan in just your partner's name? Is the current mortgage in joint names?

 

Have a read of this:

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

You will find it very informative.

 

Wishing you all the best.

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  • 1 month later...

me and my husband are getting a remortgage to pay off our debts, we received a letter saying it had been fully underwritten, does this mean its been accepted? thanks in advance

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Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

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I need to know this as the court have granted incasso possession and we are supposed to hand over the keys by 28th of this month (yeah right!) so we need to show evidence that they will get their money

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

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Tesco Loan PPI £2668 - March 2013 - Refund

 

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me and my husband are getting a remortgage to pay off our debts, we received a letter saying it had been fully underwritten, does this mean its been accepted? thanks in advance

Usually yes - but you need the offer docs to prove it is valid - who are you remortgaging with?

Consumer Health Forums - where you can discuss any health or relationship matters.

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enable finance, they said they just need my husbands work to confirm what eveidence they have been given with payslips

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Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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enable finance have said they will write incasso a good letter saying they see no reason why we shouldnt get the mortgage, although naturally i am still worried thats why i wanted to know if fully underwritten meant accepted

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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If I've read this one properly.... Incasso have gone for a repossession for a £10k debt ? :mad:

 

If possible, you need a copy of what Enable Finance are writing to Incasso, so that you know where you stand.....

 

Judging by the time involved in you posting the letter to the court and their reply stating that you would need to hand the keys back on the 28th.... I'm wondering if your letter has been looked at by the Court at all. Under the circumstances, I would 'phone the Court on Tuesday (due to the BHol.) and find out. Also find out what evidence (if any) the Court would require in order to place a hold on the repossession going through on the 28th, should the funds not be available at that time. If they agree to anything in your favour... then ask to go along and pick up a copy of it in writing.

 

A S.A.R - (Subject Access Request) also needs to go somewhere.... not sure where's best to start at the moment.... probably Tesc/RBS... in order to re-claim all unlawful charges applied to the account before it reached Incasso in the first place. :mad:

 

In theory, it would do no harm to send the S.A.R - (Subject Access Request) off now, but I can fully appreciate that your priority is to safeguard your home first and foremost....

 

Let us know how what happens Tuesday....

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Ok... I'm wondering if you can argue that the CCJ/charging order contained a percentage of unlawful charges and therefore, should not have been granted in the first place.

 

If you can sneak in a S.A.R - (Subject Access Request) before Tuesday, you may be able to buy time that way through proof of posting. Not sure.... any thoughts from anyone ?... or are we cutting it too fine here.

 

Who exactly are you expected to hand the keys to on Tuesday ? The court ?.... the DCA ?

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Getting really worried now, after speaking to our current mortgage provider - northern rock they have said that they have also been told about the possession order and that they want to commence legal action themselves as we are behind on our repayments with them - just when we thought things were looking up it all seems to be going wrong again! We are supposed to hand possession to incasso so we thought we would cut out the middle man and go straight to rbs but they have said they have no information on the account, they told incasso to take legal action but dont know what action they have taken??!! I get the feeling this company just dont give a stuff and want to take our house off us....

Northern rock require payment of more than £434 by thursday or they will commence legal action, we have told them about the remortgage but they are not interested, we havent got the money to pay, but more importantly the bailiffs could turn up on tuesday while my husband is at work to try and take possession, im terrified i really feel like i cant cope... i already suffer from anxiety and depression and am on incapacity benefit but i feel like i want to kill myself right now. And is northern rock now goin to prevent us getting our remortgage? we were already in arrears with it before the application process so im not sure, the company enable finance are using have a website which said mortgage arears no problem, i dont know, i really just dont know

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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Getting really worried now, after speaking to our current mortgage provider - northern rock they have said that they have also been told about the possession order and that they want to commence legal action themselves as we are behind on our repayments with them - just when we thought things were looking up it all seems to be going wrong again!

 

Don't be surprised that your current mortgage provider knows about the possesion order.... they would need to be notified because of their own financial interest in the property anyway.

 

We are supposed to hand possession to incasso so we thought we would cut out the middle man and go straight to rbs but they have said they have no information on the account, they told incasso to take legal action but dont know what action they have taken??!!

 

I assume you have nothing in writing though ?......

 

I get the feeling this company just dont give a stuff and want to take our house off us....

Northern rock require payment of more than £434 by thursday or they will commence legal action, we have told them about the remortgage but they are not interested, we havent got the money to pay, but more importantly the bailiffs could turn up on tuesday while my husband is at work to try and take possession, im terrified i really feel like i cant cope...

 

Legal action has already been started by Incasso, so there's no point in worrying about NR for the moment.... I'm just curious as to what legal authority Incassso have had to take legal proceedings against you in the first place. They have supposedly acted on the instructions of RBS.... yet RBS don't seem to know what's going on at all.

 

The main concern here is lack of time... so the priority has to be stalling Tuesday's events first, if possible.... and then go from there.

 

Tomterm8 PM'd several people about this thread earlier, including me. Most are not online right now... but will probably be on this evening because they are regulars. Between us all, we will try and help you.

 

i already suffer from anxiety and depression and am on incapacity benefit but i feel like i want to kill myself right now. And is northern rock now goin to prevent us getting our remortgage? I would have thought that your new mortgage provider would already know about the arrears, so would have told you about any problems before now. we were already in arrears with it before the application process so im not sure, the company enable finance are using have a website which said mortgage arears no problem, i dont know, i really just dont know

 

..

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We have spoke to rbs in the past and they agreed a settlement figure with us as we tried to remortgage at beginning of the year, but my husband spoke to them today and they didnt even know the outcome of the court case, so have no idea about the possession order, northern rock told us incasso could break in if they want to?!! I feel if incasso werent in control of this rbs wouldnt be as unreasonable. Incasso have been liars and ruthless from the beginning, we didnt even get the letter for the last court hearing so had no way of defending ourselves, we were told to put that in writing and posted it through the court letter box the night before the hearing, but mail for our court goes to a different address so no-one bothered to act on it.

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Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

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Tesco Loan PPI £2668 - March 2013 - Refund

 

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We have a court order saying we must deliver possession of the property to incasso by 28th of august, if we dont the claimant can take possession and for purposes of gaining possession the claimant my transfer this matter to the high court for enforcement by a certified officer.

Does this mean they would have to go to court before they can evict us/break in?

It also says either party may apply to the court to vary the terms of this order, we are going to do this but obviously are wooried about the amount of time we have, i am printing a N244 form - application notice now, i believe this is the right form from what i have read on the court website

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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INFORMATION

You can still make an offer of payment at this stage and ask the court not to order a sale as long as you keep up with the payments. You can ask the court to adjourn the order and give your reasons. ie remortgaging.

 

 

INTEREST

 

If the creditor has taken the debt to the county court, they may be able to add extra interest once a charging order is made. Interest cannot be added if:

  • the debt is for an agreement regulated by the Consumer Credit Act. This includes most ordinary credit agreements, including bank overdrafts; or loans.

Not sure if this is of any help and I am sure somebody with a lot more experience will be along over the weekend.

 

IMO I think you should get a SAR request in by courier service (as too late for RM) today. As this could be helpful before court date. What do others think.?

 

Please try and calm down I know that sounds easy, but please try someone will be along shortly.

 

Kindest regards

 

Dee

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We have a court order saying we must deliver possession of the property to incasso by 28th of august, if we dont the claimant can take possession and for purposes of gaining possession the claimant my transfer this matter to the high court for enforcement by a certified officer.

Ok... these bailiffs will have no legal right to force entry on Tuesday. If you don't let them in, they will have to transfer to the High Court, but cannot legally break into your home... which should give you enough time to sort something out.

 

There are certain things you have to do on Tuesday though. :cool:

 

DO NOT answer the door under any circumstances... for anyone.... no matter what they tell you.

DO NOT leave any windows or doors unlocked or open.... even if it's boiling hot outside ! They have the right to climb in an open window or an unlocked door.

DO NOT have any open windows at the back of the house either... in case they decide to jump the fence/gate.

DO NOT be conned into letting them use the 'phone, or to have you open the door for ANY REASON.

DO not have anything of any value outside... including pets, in case they try and blackmail you into opening the door to save it/them.

DO NOT get into any conversation through any windows at all.

If they threaten to call the police... let them get on with it. The police can not order you to open your door either. If they do call them (which is doubtful), all they will be there for is to keep the peace.

When your husband comes home, DO NOT let him open the door to come in unless the coast is completely clear. Make sure the coast is completely clear before he leaves the house as well, regardless of the time. Lock/bolt the door when he leaves.

If you have a car outside.... move it and park it up somewhere else over the weekend, so that it's out of sight by Tuesday.

 

Does this mean they would have to go to court before they can evict us/break in? Sounds like it, yes.

It also says either party may apply to the court to vary the terms of this order, we are going to do this but obviously are wooried about the amount of time we have, i am printing a N244 form - application notice now, i believe this is the right form from what i have read on the court website

I'm not certain, but am sure someone will confirm.

 

..

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Am now wondering if this is just Incasso turning up on Tuesday ?... and not bailiffs at all.... :confused::mad: Your post #17 :

 

"We have a court order saying we must deliver possession of the property to Incasso by 28th of august, if we dont the claimant can take possession and for purposes of gaining possession the claimant may transfer this matter to the high court for enforcement by a certified officer."

 

I've just posted that for the benefit of the others coming on here later.... the "don't open the door" advice still stands.

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Thanks for all your help everyone..

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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Thinking about it, yes that does sound right, that incasso can come knocking on the door to ask us for possession but to use bailiffs they must apply to the court :confused:

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

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Can you type out the court order, please?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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