Thank you everyone, I'll try to pop and see her tomorrow, and ask. Then post what she says.

Hi, firstly, I do hope this is the correct place to ask this, I appologise if it's not. Feel free to move it to where it belongs. I have a good friend that has lived in the same, privately owned flat for over 17 years. It's above a small shop and the original owner has recently past away. His daughter has become the new owner and she wishes to sell the property to a 'housing association', as soon as possible. Although she has'nt verbally said anything direct, she has insinuated that my friend will become homeless when the sale is done. My friend has always been on time with her rent, kept the flat in excellent condition and generally treated as a beloved home, where she's been extremely happy. I was wondering if anyone knows of any rights she may have. What amount of notice she could expect. If there is any chance that she could be deemed a 'sitting tennent' - if in fact that still exists. Or does she just have to pack up and go. She DID call the local council, but all they told her was that as she is single, with no children, then she would'nt be entitle to any type of council dwelling for a few years, at least. I do hope someone can help with some advice as to where she can go next, and humbly await any replies. Thank you in advance.

Thanks Ell, will get that done in the morning. TC

Hi Ell, Hope you are keeping well. My friend received a reply from Derbyshire Home Loans today basically acknowledging receipt of her letter and stating that they will investigate using their Internal Complaints Procedure and that it may take up to 4 weeks to complete. May be sooner though. However, the problem today is that she also received another letter from them, albeit a different dept. This states that "having checked our records I note that a reply has not been received" ... (obviously not very well). and "unless they do within 10 days further action for recovery of the same will be taken". Stating that arrears of this nature result in an increase in the mortgage balance upon which interest is charged on a daily basis Should we respond to this letter? TC, Paula

Hi Ell, No problem. I knew you'd get here when you had the time. I've printed it and added all the relevant paperwork. She will be over in the morning to sign and post it. Many thanks again, will keep you informed on response(s) TC Paula

'Around', for the remainder of the day

Hi Ell, I thought they had got it wrong, thanks. I wrote her a letter that has been posted to the company, sent by recorded, signed for (think that's the right way) Would greatly appreciate a letter for the solicitor though. Both of us are a little concerned that they may act without further word from the company. Can they do that? Perhaps something for the FOS too. She's absolutely sure that all payments have been made. She paid them by cash, direct into their account each month - except the first, which she paid over the phone, and that's the one she forgot to ask for a receipt number. However, the amount did go from her bank, which she can prove. All other payments have a receipt, and I also marked them off in the diary. Many thanks for help and advice x (Will be here tomorrow, well, today actually, Thursday. Out all day Friday though.)

Hi there, Firstly, thank you for your prompt replies. Sorry I was unable to get here sooner myself. Bankfodder: She has been told the reasons for NOT entering into a phone conversation, and no longer does it. The charges, from what I can understand are 'monthly arrears fees', and 'customer contact fees'. I understand the need for the two letters, and shall be composing them with her tomorrow, as she will be here. One thing I'm not sure I understand though, and it may be purely down to my original post. The arrears that were owed HAVE been cleared entirely, as per the instructions from the court. That being the case, what should she continue to pay? Are you saying she should continue to pay an amount equal to what was arranged? (This would be extra to her mortgage payment) Hello Jansus: I think your first statement is exactly what HAS happened. They are now asking her to pay off the charges made for the arrears. Surely, this would be a never ending situation? Simply because as long as she had 'arrears' (albeit gained by any charges they have made) they could continue to add them whilst she was paying these ones off! It would never end I feel! The actual order from the court reads, "blah, blah blah suspended on payment of currently monthly instalments plus arrears of £1468.60 by £150 per month. Then, at the bottom of the page, under the heading "To the defendant" it states. '......unless you pay the arrears and costs at the rate set out above in addition to the current rent, you must leave ....' So, these extra figures are not mentioned at all. The letters sent will also contain your advice, thankyou. Ell-enn, Hello again, I think I've answered your queries in Jansus' replies? No, the charge they are now asking for were not included, and the original figure was for £1468.60. Just as a point of info, she does have receipt for all but one of the payments made. She stupidly didn't ask for a receipt on the first payment. The reasons why she should were pointed out to her by myself at the time. One question: should we write to the solicitor involved at all? Many thanks so far Paula. (I should be at my computer most of tomorrow)

Hi, Back in October my friend was in danger of losing her home through arrears in her mortgage. Thankfully, with help from CAG (especially El-enn)an agreement was made for her to pay off the amount owed, and maintain her normal monthly payment. This was accomplished end of Apr or May (can't remember without checking) During the period she was constantly getting letters from them (Derbyshire Home Loans) stating she was paying late. She wasn't, in fact she was paying earlier than the stated date. She rang them, just to explain this, THREE times, and each time they said they would sort it out. The final conversation she had with them was "..... just ignore them, as they are computer generated, and sent out automatically, even though she has paid up to date ...". However, over the last few weeks she has been getting letter stating that she is still in arrears due to their charges. Tbh, we thought this was just a case of the computer not catching up with the real world as yet. This weekend she has received a letter from their solicitor stating that she is £1220.04 in default of the order???, and threatening to take further action, if not paid withing seven days. She is now, once again at her wits end, and has asked me to come here again for help. So, please anyone, advice and help would be greatly appreciated. In view of the 7 day request, as soon as possible please. Regards, Paula

Many thanks Beavis, sorry for the delay, just got back to things.

I guess the question is ..... how many members that request their sar find themselves suddenly getting a demand for money 'owed'? Interesting to find out, I think. Regards

Thank you dx100uk and rory32 for the reply. Yes I do understand about the delay dx100uk. I'm just acting on the advice stated by zootscoot in his oft test case post ... If you have not yet issued a court claim do stick with your time table as before and issue a claim. If you do not issue a claim until after the test case, you may lose the right to claim some of the older charges under the Limitation Act. Your claim may well be stayed but at least you have your foot in the door and will therefore be at the front of the queue when it comes to payouts after a successful test case. It's taken me about two years to convince her to claim, I want to get it started now, before she once again gets cold feet. Once it's started, she wont bail out. Many thanks for both your responses though regards

I've finally convinced my friend to start the process for claiming her bank charges back. However, she has no access to a computer, and has no inkling to either. Her self confidence is also at it's lowest, therefore she has asked for my help. This is not a problem but before I get fully into it I need to find out something. As we are not blood related at all, will it be possible, should the occasion arise for myself to represent her at the court? If so, should 'they' (the bank etc) be notified before? Also, what notification should the courts get? Hope someone can help, many thanks Regards

Mujubheki You would be better off starting a new post with your question here If you notice, this claim was settled back in March 2007 so, it may not be read now so often.

My thoughts exactly dpick! Well, I shall just have to wait till I hear from her properly (I received a garbled phone call (Hmmmm)) and she has gone off to work now.

I've just managed to persuade my friend to claim her charges back, after almost two years of trying. The final nail in the coffin is that last week they refused to pay her mortgage because it was £3.00 short. The payment was due on 31st Dec, their charges were due on 2nd Jan, they took those early instead. Now, here's the odd thing, and to be honest, the bit that is worrying me! During the time that she has been having difficulties she has approached her bank many times asking for 'help'. Each time this has been refused, saying basically that she got herself into this mess, she should get herself out. Over the past weekend I've printed out her Subject Access Request letter all ready. As she was going to the bank this morning to find out why her mortgage had not been paid, as explained above, I told her to get a PO, for the statuary £10.00 and hand the letter in personally (ensuring she got a receipt). This she did, and also told the 'cashier/whoever' her intention to get another account elsewhere, to prevent this happening again. The cashier said, "oh, I'm sure there is no need to do that. Let me go and see". Upon her return she commented that there was no-one available at the moment, but she would get someone to call her. This was about 9.30. Just after 10.00 she received a call from a person there asking a few questions and stating that he was sure they COULD help, by amalgamating her debts, and lessening the monthly amount. They arranged a meeting for Wednesday at 10.00. Now, the bit that's worrying me, and call me paranoid but .... why? why all of a sudden are they able to help? When for at least the last two years she has been trying to get them to help? Could it be anything to do with her moving her account or, even more sinister her request for Subject Access Request?? I'm so worried that she will go there on Wednesday and do something silly like 'sign' something that prevents her from claiming her charges back ... Can someone tell me, am I being paranoid, or should I tie her to a chair and shine a bright light into her eyes until I brainwash her not to sign anything!!! (as a post script, the option for me to go to the meeting with her is not there. I'm disabled and it's a huge task to mobilise me. Plus she tends to worry that I 'lose it' easily, and although I get the answers needed, she always feels embarrassed) Hope someone can advise. Regards

Similar has happened to my friend. She gets a letter today to say there were insufficient funds to pay her mortgage, even though she thought she had left enough there. Turns out they paid the mortgage, then (somehow? is THIS legal?) stopped that payment to award themselves their charges. The mortgage was due the 31st Dec, the bank charges the 3rd Jan. (Sorry, not sure if I should have started a new thread on this)

Hey, it happens!, good of you to help. Many thanks for all this, you're a star!! Very best regards, Pauline

Hi, don't see the statement Ell-enn. Is it me? Just a query from me really. On the expenditure part. These are excluding the mortgage, yes? If not, under which would it go?

Ok, the reason for the arrears started at the end of the tax year. her place of work messed up with ALL wages. She was paid one weeks wage instead of a months .... followed by full wage after a week. All her DD's were due during that time, this left her OD, and incurred charges from bank. Which of course they took. She sent a cheque to cover, but they also took monthly DD. Following month, bank charges .. again OD. She then cancelled DD, with fear of this continuing. She has written to them asking for new DD, which she's received and set up. She also asked them if she could pay extra £100pm to clear. They replied yes, and she is now waiting for 1st payment to come out. She can now afford £150 extra pm. No children.

Hi Ell-enn, We're here, and done what you asked. (when you're ready)

OK, we'll sit and do that this evening, and get back to you in the morning. She says, thank you ... she already feels easier Regards

Hi Ell-enn, here whenever you're available P

That's brilliant, thanks so much

Hi Ell-en, Will tomorrow be ok? She has a day off, and can be here for most of the day. Regards