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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Advice required please


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I feel that I have to respond to this. At no time was I aggressive and I made it clear that what I was saying was taking an objective view of what the employer would argue about your case. I did not suggest dropping anything - I pointed out the legal difficulties persuant to your claims and told you what would be argued against your position so that you could prepare for that. You are the one putting words in my mouth that I did not say. I did not say that you were paranoid - I said that a certain type of approach may appear that way, and since you could not evidence that other staff refused to support you because they feared for their jobs could be viewed that way if you made such allegations without any evidence. I did not recommend that you drop the potected disclosure claim - I corrected your mistaken statement that it was case law and therefore set precedent on the matter of bullying because you had not at that time said that it involved anything but bullying. I read what you had to say very carefully indeed and responded to it as it was presented by you and based on the facts that you chose to divulge.

 

You certainly do not need to worry about not liking my advice because you will not be getting any more of it, but that does not make anything that I said to you less correct because you didn't like it. Is this the way you react to anyone that says things you don't like, or is it purely reserved for me? Because you seem to be keen to tell everyone who tries to help you that they don't understand your difficulty. Perhaps if we don't understand your diffuclty you should take your case to a lawyer and not to a public forum?

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No reason to apologise HB. Genuine help is appreciated.

 

Best wishes

 

That was irony actually [the apology, not genuinely trying to help]. As I clearly don't understand according to you, in the words of Dragons' Den, I'm out.

 

HB

Illegitimi non carborundum

 

 

 

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Tams,your last post unapproved since it isnt appropriate.

I will confirm SarEl is well meaning and speaks true.

Having read through this thread,you do appear to have been missing on some points that have been made to help.

Its your choice as to whether to take the advice,but since you did come and ask,the least you should do is respect those people who have taken time to respond.

The suggestions in your last post are totally unacceptable.

Please continue your questions in the spirit of CAG and without more of the same.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Any advice you receive from SarEl is without doubt some of the best employment law advice you will get without paying for it, and we are extremely lucky to have her on this forum. Please don't confuse blunt truth with aggression as that is not how it's meant.

 

Having witnessed several ET's I can assure you that SarEl and Honeybee are correct in that you would be subjected to extremely forceful questioning and you need to be completely prepared (and realistic) about your chances of success before embarking on the ET trail.

 

This is a self help site and many, many people give up their time to advise and support others, but if you are unsure of any information or facts given you should always seek professional help, which in most cases will attract a fee.

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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I disagree. I believe her communications were deliberately aggressive, and continued to be so after I politely pointed it out to her.

 

Honeybee's irony was not appreciated either, nor the mobbing that has followed.

 

I would be grateful if you would please remove my account from your forum.

 

I suggest you review the manner in which you correspond with members of the public.

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Your comments are noted, but for what it is worth, I would politely suggest that if you are seeking free advice on a public forum in future that you firstly enquire of the site whether the advice delivered will be to your liking, and secondly, whether it will be made in a way which meets your approval.

 

Sorry that you should feel the way that you do, and you are of course entitled to delete your account, however the thread will remain as it may give useful advice to those with similar cases in the future. I see nothing in the posts above which were in any way aggressive towards you. On the other hand, there was a good deal of disrespect to those who offered advice in the way that you responded.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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Am closing the thread.

Tams the "mobbing " as you refer to it was not intended to appear as such,when posts are reported for site team to look at,it can sometimes lead to more than one team response as they are not immediately aware others are dealing.It appears that posts crossed.

Its unfortunate that you are deciding to leave,but thats up to you.

The thread whilst will remain closed,will still remain viewable unless there are exceptional reasons to remove it.

At this stage there does not appear to be good reasons to remove it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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