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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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CM V Abbey - Financial Hardship


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I put a claim in against abbey last year, however like everyone else my claim is on a stay.

 

Before my action of requesting bank charges I had an agreed overdraft with abbey. Abbey's charges saw me go over this overdraft limit. When I requested the money back and threatened court action they closed my account and had debt collectors chase me for the £1500.

 

My claim was originally for £950, £370 of which abbey paid back into the closed account as a gesture of good will. I continued to chase for the rest and eventually my claim was stayed.

 

I am currently experiencing financial hardship in that I am now unemployed.

 

Is it worth notifying abbey of the financial hardship or if i win will they just pay the money to themselves and come chasing me again for rest?

 

Also Abbey placed a default notice against my name that I want lifted.

 

What are your opinions?

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This has also happened to me with single account and joint account with hubby which resulted in all sorts of financial problems, mine too on hold but i have read today that you have to write to them first and tell them you intened to submit court papers on the special rules - hardship, i can go back the whole 6yrs and have necessary proof - do you have all documents as it said would need these, it was not on here were i read it but i'm in process of looking, sorry cant be more help at this stage,

 

good luck

jcl

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Still haven't done anything on this as i'm unsure of what action to take.

 

As I said I owe Abbey £1500 since they closed my overdraft. They currently owe me £580 in charges.

 

If I persue the claim is it likely that they will just keep the £580 and take from the money I owe them?

 

Of course if it wasn't for the bank charges I would still have my overdraft facility and so wouldn't owe them that sum.

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  • 2 weeks later...

Hi CM

 

I note that you have a financial hardship case and want to progress it further and that you claim has been stayed in court.

 

I have just been sucessful in getting Abbey to agree to repay me 65% of my claim which has been stayed in court and which is NOT in full and final and after the test case if the OFT win I will be able to recover the balance.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/65003-ds-abbey-bank.html

 

The person to contact is Ronan Coyle, Abbey National PLC, Location Code TS6 D03, Abbey National House, 2 Triton Square, London NW1 3AN

Tel:-020 7756 4398 you will need to quote your court reference number.

 

The documents which I sent to him were:-

 

1. A brief letter fully explaining the reasons why you meet the FSA's recent update in the new waiver conditions.

2. An income and expenses sheet.

3. All documentary evidences supporting the hardship letter,

4. A revised claims schedule of charges and interest to date.

 

Should you require more help, please just ask. As not only are Abbey now agreeing hardship claims other banks are also. It is really important that you give as much information and evidence that you readliy have. My claim was dealt with within 4 weeks and I did not have to supply any further information.

 

Tuttsi xx

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Hi CM

 

I note that you have a financial hardship case and want to progress it further and that you claim has been stayed in court.

 

I have just been sucessful in getting Abbey to agree to repay me 65% of my claim which has been stayed in court and which is NOT in full and final and after the test case if the OFT win I will be able to recover the balance.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/65003-ds-abbey-bank.html

 

The person to contact is Ronan Coyle, Abbey National PLC, Location Code TS6 D03, Abbey National House, 2 Triton Square, London NW1 3AN

Tel:-020 7756 4398 you will need to quote your court reference number.

 

The documents which I sent to him were:-

 

1. A brief letter fully explaining the reasons why you meet the FSA's recent update in the new waiver conditions.

2. An income and expenses sheet.

3. All documentary evidences supporting the hardship letter,

4. A revised claims schedule of charges and interest to date.

 

Should you require more help, please just ask. As not only are Abbey now agreeing hardship claims other banks are also. It is really important that you give as much information and evidence that you readliy have. My claim was dealt with within 4 weeks and I did not have to supply any further information.

 

Tuttsi xx

 

Hi thanks for that. What evidence did you provide of hardship? I am currently claiming JSA is the award letter enough? I'd rather not give them statements from my creditcard and other bank overdrafts if possible.

 

Do you have a draft letter?

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I do have the letter which I sent which is personal to me and my own circumstances.

 

I will however draft for you an outline for the letter which you can then add all about your own hardship details. I am at work now but will do it when I get home this evening. It is really best in these circumstances not to send stereo type letters especially if you want Abbey to consider your claim seriously.

 

JSA - Job Seekers allowance is good

 

Any other debts like mortgage/rent/council tax /telephone/gas/electric arrears or anything else which you are currently being threatened with or can show any court judgements. You will need to supply proof if you want Abbey to consider your claim. (we have a suspended possession order)

 

You need to do a joint income and expenses summary (ours by the way was in the negative but was unfortunately accurate hence why we are in the position that we are in )

 

The reasons which lead up to your current hardship,(with mine my hubby had two emergency eye ops last year which caused him to fall dramatically behind with the mortgage repayments anomgst other debts)

 

You have to make a strong case for yourself if you want to be concidered.

 

Tuttsi xx

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Your Name

ADDRESS 1

ADDRESS 2

ADDRESS 3

ADDRESS 4

TEL/FAX XXXXXXXXX

EMAIL XXXXXXXXXX

 

FOA: Mr Ronan Coyle

Location Code TS6 D03

Abbey National PLC

Abbey National House

2 Triton Square

Regent Park

London NW1 3AN DATE…………..

 

BY RECORDED DELIVERY

Dear Mr Coyle

YOUR NAME

ABBEY ACCOUNT NUMBER:- XXXXXXXX

CLAIM NO:- XXXXXXX

I am writing to you regarding my claim and my financial hardship

situation which I understand meets the FSA’s recent update to the

complaints handling waiver and their guidelines on financial difficulty.

I would like to attach documentation in support of my hardship

case which evidences my extreme financial difficulty, as follows:-

1 : An updated spreadsheet showing my claim value as £XXXXXXX with Abbey at the present time.

2 : A Joint personal budget sheet which shows a monthly deficit of £XXX

3.

4.

5.

6.

HERE WRITE A DESCRIPTION AS TO WHY YOU FEEL YOU ARE A GENUINE HARDSHIP CASE AND THE EFFECT IT IS HAVING ON YOU/ AND YOUR FAMILY, ETC ETC….

Change these paragraphs to suit

My husband and I are currently finding it very difficult to cope during the present economic climate coupled with the real threat of losing the residential home as a result of the suspended possession order.

This financial situation is putting a terrible burden on both myself and my family, and I please ask that you reconsider my claim and my circumstances given the current waiver criteria and the banking code.

I look forward to hearing from you shortly.

Yours sincerely

xxxxxxxxxxxxx

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