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    • 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.  
    • Sleep apnoea: used to require the condition  to be “completely” controlled Sometime before June 2013 DVLA changed it to "adequately" controlled. I have to disagree with MitM regarding the effect of informing DVLA and S.88 A diagnosis of sleep apnoea doesn't mean a licence wont be granted, and, indeed, here it was. If the father sought medical advice (did he?) : this is precisely where S.88 applies https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf p.4 for “new medical condition” It is shakier ground if the opinion of a healthcare professional wasn’t sought. in that case it is on the driver to state they believed they met the medical standard to drive. However, the fact the licence was then later granted can be used to be persuasive that the driver’s belief they met the standard was correct. What was the other condition? And, just to confirm, at no point did DVLA say the licence was revoked / application refused? I’d be asking DVLA Drivers’ Medical Group why they believe S.88 doesn’t apply. S.88 only applies for the UK, incidentally. If your licence has expired and you meet the conditions for S.88 you can drive in the U.K., but not outside the U.K. 
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Kensington want to evict us again !!!


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Well i has finally arrived. KMC have reached a verdict. The answer this time came from Head Of New Business Operations. And the answer isssss.............

 

"Having considered the matters you have raised, I believe that our offer of £200 is a fair reflection of Kensingtons involvement in the events that occured"

 

I am now free to go to the FOS.

 

Opionions please folks !!!!

 

olivesxxx

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Bummer :mad: need to put thinking caps on

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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rolex that is not fair enough they clearly knew they were in the wrong so they should pay up.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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accept the £200 in PART PAYMENT and Take it further

also get a statement from them so you have a handle on your arreas situation keep fighting GMAC said they owed u nothi g we got a great amount and still going they believe people will give up if you take it to the FSO what do you have to looses

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Thaanx guys for the thoughts on this. I amwanting to take it further I think. I do already have my FOS complaint about the loan, It turns out KMC are not giving FOS what they want so FOS have given the last chance to reply.

 

So I was thinking like Bona said accept £200 in part payment and then as soon as Loan complaint has finished hit them again with this one.

 

xxx

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How do you mean Bona. They wont dish out the £200 as part payment, do you think they will do it only as a full and fi settlement.

 

I dont think FOS will do anything but the consolation is KMC will have to shell out anouther £400 for them to look into it. Maybe it is wasting there time though. They do have more important things to deal with.

 

Well I think that could be it. I will accept the £200 in a letter but maybe think of a few ground rules or something about how to deal with me in the future.

 

Still doesnt solve this mortgage payment that has mysteriously been added to my account though. mmmmmm:confused:

 

 

 

olives xx

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Hello Olive,

 

Yes TML - (The Mortgage Lender) DID arrange our mortgage from December 2001 until it went through around February or March 2002. They were a bunch of incompetents! They lied through their teeth as far as we're concerned and didn't want to know anything and denied all knowledge once our mortgage was transfered over to G-mac RFC Ltd., (another load of chancers and unregulated cowboy mortgage rogues)!

 

Firstly S. Knight at TML told us categorically before Christmas 01 that he "had arranged our life/sickness/accident/unemployment cover to last for 5 years and to be taken over this period in small increments with our mortgage payments". I was happy to hear this as we both stressed we wanted this cover! Yet when I tried to make a claim on something in early 2003, I find to our horror that they HADN'T done this at all!! (What would we have done if anything major had gone wrong whilst we were with G-mac I ask?!). These swines just didn't care and were allowed to get away with treating people; (especially ones struggling in difficult circumstances whom they were supposed to help), in this terrible way! This wasn't the only incident where they screwed up and messed up on us either!

 

On searching through Google, I have noticed that TML have now ceased trading, (oops - I wonder why?), and that they were owned by a company called Kensinton, who also had a bad reputation for it's iffy mortgage dealings! Now they have been taken over by a company called "Resolve Mortgages". I hope they're a damned sight better and more honest than their predecessors that's what I say!

 

Take care,

DebsDelight

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Hi ya Debts Delight,

 

Yes TML was owned my Kensington and yes they are as dodgy as each other. TML arranged my re mortgage around 2002 and it was with Kensington and I am still stuck with the gangsters today.

 

I am trying to find out what companies they were selling. I believe that they brought TML in 2002 so did TML just sell Kensington Mortgages after that date or did the sell the likes of GMAC as well. If it was just Kensington then I think I may have a bit of complaint about mis selling my mortgage and charging me £2000 for the privelige. Like you say though TML have ceased trading so it may be a bit tricky, I think it will have to go to Kensington.

 

Thanks for the info

 

Have you escaped GMAC

 

olives xx

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Dont moan about the mortagage payment. :)

 

Any way you could always write and say i will accept the £200 in part payment of what I feel is a acceptable amount and as result fell you owe me a further £XXXXX which i expect to recieve from you by.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thanks for your reply Olive,

 

I don't know about G-MAC being owned by Kensington, but I thought we were going to TML - as the name would suggest, but instead when it was too late to back out, we find this is with the G-MAC company whom we'd never heard of!

 

We're not with G-MAC RFC Ltd. anymore, thank goodness! Though because we'd unfortunately (and very unfairly) - I feel had been dubbed "Sub-prime Lenders"; a title which I would dispute, it does seem that you have to remain that way for a good number of years before things can change for you! We were remortgaged over to another company called ROOFTOP who are part of a Nelson's Mortgages subsidiary group, and these are just as lousy and unreasonable! (Even when you are about to leave them it would appear!). They too, like the gangsters and sharks they are will stitch you up with charges for the least little thing! However, happily we recently remortgage back to a High Street lender - Nationwide, with a 5-yr. fixed package at around 5.85 - 6%, and this was the kind of help we needed before! Our Broker, Pete tells us that Rooftop is no longer operating in the sub-prime lending arena. Now if you like I can pass on his details, so you could use him, but he is local to me in North Kent. I won't give his details out on the forum, as I'm not sure if I'd be allowed? So good luck with what you're doing and keep on!

 

DebsDelight

[email protected]

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Hi all.

 

Beforen I begin I will like to say a HUGE thanks for all the advice and support i have had from you all. You have all been my brick.

 

It is time I put this thread to bed. I hope in a while to come people will learn from my experienecs. I have learnt a huge amount that has made me stronger. I WILL as time goes on use this new found knowledge to help others on the forums.

 

Today I had a letter from The FOS. A few times I have talked a little about this case but kept a lot of the details to myuself until I get the results. Well today I got tthe results. KENSINGTON WON.

 

The charges are a part of the contract so they can carry on charging them. Apparently(i cant remember thyis happening)I told the judge of the bullying and the PPI phone call Imade to KMC. The judge appatrently said that if the trems of the suspension were not complied with , then the bank could reissue the warrant without hesitation. This cooment was actually to my favour at the time as the judge didi not like KMC having this go to court.

 

It even mentioned my recent saga. It says "I note that in August 2008 the bank applied to enforce its warrant for possesion in relation to the mortgage but this was dismissed because the terms of the previous suspension were being complied with. Notwithstanding this. the bailiffs attended then property in error. I note that £200 compensation was paid to you by the bank for this error"

 

So it seems this past year has been alll in my head. They are allowed to screw with peoples heads as much as they can.

 

So this chapter is over. The main thing I have won out of all of this is my new friends that I have made. If it was not for all of this then I doubt I would have you lot!!.

 

I am not giving up. I do have a other things building up in the background so KMC have not heard the last from me.

 

I just feel extremely let down by the FOS

 

olives xx

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Hi Olives, I'm so sorry you haven't had the result you deserve either from the FOS or the compensation claim. The main point is that you still have your home and your desire to fight KMC:)

 

I wish I could wave a magic wand and get you what you deserve to make all the stress of the last year worthwhile......

 

Ellx

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Olives.

 

U could always point out to FOS that you have not accepted the offer so no payment has been made.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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well they cant lie now can they how can u have accepted the payment when u have not accepted the offer.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Seems to be the same old story with FOS. Its a case of them and us as always.

The good thing Olive is that you have gained strength from fighting, this has passed on from you to the likes of me and others.So you have gained so much from this,new friends,good advice.So I would like to thank you for your experiences passed on.Keep up the fight,and as corporal Jones would say they don't like it up them...

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