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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bankrupt ! Can I still reclaim Bank Charges???


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Does anyone know the situation arround claiming bank charges back if one has been forced down the sad road of bankruptcy ??? My financial advisor will propose to the court that I get a reduced amount (£15,000 reduced) to repay my mortgage to make it possible. If that goes through... am I still - or not - in a possition to claim the unfair charges? They were certainly not responsible for my present financial MESS but the banks monthly £500 charges, because I am in such a mess, have not helped!!! to say the least... please offer advice because I do not know. If I claim and get it... will it be just deducted from the £15,000 anyway - so would this be a waste of time? Thanks.

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Does anyone know the situation arround claiming bank charges back if one has been forced down the sad road of bankruptcy ??? My financial advisor will propose to the court that I get a reduced amount (£15,000 reduced) to repay my mortgage to make it possible. If that goes through... am I still - or not - in a possition to claim the unfair charges? They were certainly not responsible for my present financial MESS but the banks monthly £500 charges, because I am in such a mess, have not helped!!! to say the least... please offer advice because I do not know. If I claim and get it... will it be just deducted from the £15,000 anyway - so would this be a waste of time? Thanks.

 

I don't understand what you mean by reduced amount. And are you not already claiming charges?

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

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Hi lyn-marie & emijen,

 

lyn-marie, I must admit I don't understand what you mean by 'a reduced amount' either, maybe you could explain further. Are you saying that you were in debt to the bank by £15,000 at the point of bankruptcy or are you not yet bankrupt? Also, haven't you already started claiming charges back?

 

Regardless, whilst you are an undischarged bankrupt all money you receive over and above the basic amount required to live on will go to the Official Receiver handling your bankruptcy. If you were successful in re-claiming charges from your bank, they themselves would not be able to take the money for themselves to repay any outstanding amount you owe them. As a condition of your bankruptcy you are obliged to declare this money to The Official Receiver who will then divide up the money proportionally between your creditors starting with priority creditors (Usually banks and mortgage cos!) so they may well get it back anyway depending on the particulars of your bankruptcy.

 

If I'm wrong about any of the above, hopefully someone here will put me right but this is how it was a few years ago.

 

emijen, How far back do the bank charges you would like to claim from your bank go back to and when will you be discharged from your bankruptcy? My advice would be to wait until you are discharged and then claim. If it's February next year then you've only got 6 months and then any money you receive as a discharged bankrupt is yours :-D

 

Hope this helps.

 

Minnie

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Surely if someome is bankrupt then all their debts have been written off regardless of how they have been made up. Therefore I can not see how they could reclaim bank charges as they have not been paid ie

already written off by OR

 

If however charges made up a lare proprtion of hte debt before BR then the claimant would have a whole diferent case.

 

This needs a mod to clarify

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thanks for the advice everyone,

i will be discharged in february 2007 so it is only a few months left, was hoping to go for the whole 6 years worth of charges out of principle, my bank was so unhelpful when things got really bad!

Gizmo, i totally understand your view and i have to admit an unaffordable loan and credit cards were my main cause of bankruptcy, unfortunitly i went to the bank for advice rather than an advisor and instead of helping me out of debt they advised a massive loan was my only option, in fact it was so unaffordable i had to promise them that i would reduce my phone bill and cut out my mobile so that i could tick all the right boxes and get the loan, as stupid as it sounds, i should have known better but i had no food in the house and 3 kids to try and feed so i needed a quick fix, biggest mistake of my life!

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Oh just thought! OR wrote off loans and cards, but i had no debt with my account so i have paid all my bank charges! didn't have so much as an overdraft just getting £30 charges every other day for being skint! does this make any difference?

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Oh just thought! OR wrote off loans and cards, but i had no debt with my account so i have paid all my bank charges! didn't have so much as an overdraft just getting £30 charges every other day for being skint! does this make any difference?

 

Seems so but I owuld wait until Feb if I was youy.

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I am sorry to have caused confusion... It is my friend who is having to take the sad road of bankruptcy. |I put this in the first person to try to avoid confusion and seem to have made it worse! Anyway, some of his questions have been answered, I will just relay your replies back to him. Situation is... He has got into such a mess now with credit cards, exceeding overdraft limits, loans and mortgages to the max that there is no way to keep up with repayments and nowhere else to turn. The financial advisor says bankruptcy will result in reducing amount owed for mortgage to bank (for example) can be reduced by £15000. That bank has applied charges of £500 per month for last good few months. So each time they get paid the money goes out before they even start with repayments and living. That is of course excluding interest on everything. My heart breaks for them really. My friend is saying it is a waste of time trying to claim the bank charges as I have been pushing for them to do (thanks to this site) caus anything claimed will go straight back to the bank. Hope this makes some kind of sense; I have confused meee. I am doing this on their behalf because their phoneline has been cut off and therefore no life line - internet! Any advice is welcome thanks

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I am sorry to have caused confusion... It is my friend who is having to take the sad road of bankruptcy. |I put this in the first person to try to avoid confusion and seem to have made it worse! Anyway, some of his questions have been answered, I will just relay your replies back to him. Situation is... He has got into such a mess now with credit cards, exceeding overdraft limits, loans and mortgages to the max that there is no way to keep up with repayments and nowhere else to turn. The financial advisor says bankruptcy will result in reducing amount owed for mortgage to bank (for example) can be reduced by £15000. That bank has applied charges of £500 per month for last good few months. So each time they get paid the money goes out before they even start with repayments and living. That is of course excluding interest on everything. My heart breaks for them really. My friend is saying it is a waste of time trying to claim the bank charges as I have been pushing for them to do (thanks to this site) caus anything claimed will go straight back to the bank. Hope this makes some kind of sense; I have confused meee. I am doing this on their behalf because their phoneline has been cut off and therefore no life line - internet! Any advice is welcome thanks

 

I still don't understand - if you are bankrupt then financial advisors have nothing to do with the court, it is all amnaged by the OFFICIAL RECEIVER. All assets are taken to pay creditors. If assets exceed debts then the person is not unsolvent. there is no such thing as part bankruptcy. If the house is in joint names then the benefiacial interest will be offered to the partner usually at the reduced rate that would be acheived in a quick sale. I hope your friend is not paying this so called advisor for his strange advice?

 

I would suggest that your friend adds up what the banks owe him, what he owes now and what he will owe after they have paid. Changes bank accounts as a priority so his essential outgoings are paid and he has mone yto budget, in the meantime offers creditors pro rata reduced payments and then re addressess his situation in six monthsa time. If you feel uncomfortable putting details on here then feel free to PM me.

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

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