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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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Vital spark v Lloyds Tsb


Vital Spark
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Can anyone tell me how long the banks usually (can only go on average, I suppose) take to settle up?

 

Does it vary according to the bank involved or to the case and how much is being claimed or what? Has a discernable pattern even emerged as yet?

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Thanks Leespeds.

 

Oh, don't you worry, I'll be following the instructions very closely and, furthermore, I've already warned Martin (apologetically, I should interject,) that I'll be questioning and requestioning the advisors before making one single move to ensure I'm not misunderstanding the directions and blowing the claim.

 

Wouldn't it be wonderful, if all banks decided to pay out before Christmas and even to those who don't know to claim. Just by the turn of a "Screw-j",..............

 

........if you'll pardon the (could this be called onomatopoeic,) pun.

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"onomatopoeia Show phonetics

noun SPECIALIZED

the creation and use of words which include sounds that are similar to the noises that the words refer to"

 

Hmmm, maybe at a stretch.

 

Notice how bad that grammar is and from the Cambridge online dictionary: ending a sentence with a preposition: tsk, tsk, tsk!

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Apparently it's because in 1707 the Scots signed the act of union giving a seperate legal system, education and church. Acknowledgement must go to George McManamin for that piece of information in the Scotland forum. He adds "I'm pretty sure it was then that they set the maximum £750 limit also for small claims", although I think £750 was not a small claim in 1707 myself.;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 5 months later...

Hmmm, well, n ot much in here form me for a while.

 

I received soem of the info I requested, well within the given time but it was gobbledegook to me.

 

I couldn't get anyone up here to help o through it with me, so it took yonks (remembering that my dyslexic problems are worse numerically,) to figure out that, even within the 5 years info the bank DID send, there are a number of statements missing: no wonder it didn't correspond with the other info they sent.

 

I#m not convinced that this was in fact a bank "Error". They have my dyslexia noted so possibly thought they could put me off completely. They almost succeeded.

 

Now I am considerign whether to send anotehr SAR with another £10 postal order or should I telephone and write requestign the missing material: because of the confusion it caused, it has been some time. Of course, illness and injuries are also responsible for extending this period.

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If your original SAR was asking for all information I see no need for you to pay a second fee. Just point out that information is missing.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Hi folks,

 

Can someone please read over the following letter to Lloyds and give me their opinion on it? If it's useless, please feel free to offer any suggestions. All welcomed.

My address:

1st June 2007

 

Suzanne O’Kane

Customer Support Manager

45 Robertson Street

Atlantic Quay

Glasgow

G2 8JD

 

Dear Ms O’Kane,

 

Re: ac nos: ######## and ########: sort code: XX-XX-XX

 

I received paperwork, signed by you in October of 2006. This was in response to my request for details of my banking history. At the time I paid the £10 fee for which I received a receipt.

 

What I asked for was the record of ALL my banking history with Lloyds TSB (Scotland) plc. What was sent were part of the records going back to 2000.

 

I put my difficulty calculating charges down to my dyslexic problems but, when it became too complicated for me to deal with the task, I had to enlist the help of another thereby exposing personal information to that other.

 

It seems my difficulties arose from Lloyd’s shortcomings rather than from my dyslexic problems: they merely confused me. The information sent to me was incomplete: a number of statements are missing from before the year 2000 and from in between that year and today’s date.

 

I have paid the required £10 for my request for ALL statements relating to my full, banking history with Lloyds TSB (Scotland) plc. Please will you forward to me all statements, from all my accounts with Lloyds immediately as the 40 day deadline since my first application for such information has now long passed?

 

Since Lloyds have been asked, by me, to take note of my dyslexic difficulties, I am suspicious that this shortfall in providing the material I requested is merely a delaying tactic on Lloyds part, in the knowledge that it would make calculating charges difficult. I sincerely hope my suspicions are unfounded.

 

 

Yours, in good faith,

 

 

 

Margaret Gardiner

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Hi,

I think the letters fine. You may also wish to report Lloyds to the ICO this tends to push them slightly. Lloyds seem to be a total shambles at the moment.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi,

I think the letters fine. You may also wish to report Lloyds to the Information Commissioners Office this tends to push them slightly. Lloyds seem to be a total shambles at the moment.

 

But are they, Rory? After all, it was Lloyds who had that case thrown out down south.

 

Don't mind admitting I'm scared of proceeding. The dyslexia makes me panic when anything goes the slightest bit awkward in any proceedings in which I lose my place and can't understand what's happening or why.

 

I will take your advice, however, and send the letter to them.

 

Cross your fingers and wish me luck.

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  • 3 weeks later...
Hi,

I think the letters fine. You may also wish to report Lloyds to the Information Commissioners Office this tends to push them slightly. Lloyds seem to be a total shambles at the moment.

 

Rory32, how do I go about reporting Lloyds to the Information Commissioners Office?

 

Still haven't heard back from Lloyds with the missing information.

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You can download a copy of the ICO's complaints form here http://www.ico.gov.uk/upload/documents/library/data_protection/forms/data_protection_complaint_form.doc

 

You will need to give them copies of the letters you have written to LLoyds and any they have written to you in support of your complaint. The address to send it to is on the last page of the form.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Oh dear, hope you get better soon.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Just to give you all a wee smile.

 

This is brilliant-wouldn't you love to do this

A 98 year old woman wrote this to her bank. The bank manager thought it amusing enough to have it published in “The Times”.

Dear Sir,

 

I am writing to thank you for bouncing my cheque with which I endeavoured to pay my plumber last month. By my calculations, three 'nanoseconds' must have elapsed between his presenting the cheque and the arrival in my account of the funds needed to honour it.

 

I refer, of course, to the automatic monthly deposit of my Pension, an arrangement which, I admit, has been in place for only eight years. You are to be commended for seizing that brief window of opportunity, and also for debiting my account £30 by way of penalty for the inconvenience caused to your bank.

 

My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways.

I noticed that whereas I personally attend to your telephone calls and letters, when I try to contact you, I am confronted by the impersonal, overcharging, pre-recorded, faceless entity which your bank has become. From now on, I, like you, choose only to deal with a flesh-and-blood person.

 

My mortgage and loan payments will, therefore and hereafter, no longer be automatic but will arrive at your bank by cheque addressed personally and confidentially to an employee at your bank whom you must nominate.

 

Be aware that it is an offence under the Postal Act for any other person to open such an envelope. Please find attached an Application Contact Status, which I require your chosen employee to complete. I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative.

 

Please note that all copies of his or her medical history must be countersigned by a Solicitor, and the mandatory details of his/ her financial situation (income, debts, assets and liabilities) must be accompanied by documented proof.

 

In due course, I will issue your employee with a PIN number which he/she must quote in dealings with me. I regret that it cannot be shorter than 28 digits but, again, I have modelled it on the number of button presses required of me to access my account balance on your phone bank service.

As they say, imitation is the sincerest form of flattery.

 

Let me level the playing field even further.

When you call me, press buttons as follows:

1-- To make an appointment to see me.

 

2-- To query a missing payment.

 

3-- To transfer the call to my living room in case I am there.

 

4-- To transfer the call to my bedroom in case I am sleeping.

5-- To transfer the call to my toilet in case I am attending to nature.

6-- To transfer the call to my mobile phone if I am not at home.

 

7-- To leave a message on my computer (a password to access my computer is required.

A password will be communicated to you at a later date to the Authorized Contact.)

 

8-- To return to the main menu and to listen to options 1 through 8

 

9-- To make a general complaint or inquiry, the contact will then be put on hold, pending the attention of my automated answering service. While this may, on occasion, involve a lengthy wait, uplifting music will play for the duration of the call.

Regrettably, but again following your example, I must also levy an establishment fee to cover the setting up of this new arrangement.

 

May I wish you a happy, if ever so slightly less prosperous, New Year.

 

Your Humble Client

 

(Remember: This was written by a 98 year old woman; DOESN'T SHE MAKE YOU PROUD!!?)

 

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Saw the letter a while ago on another thread. Still makes me laugh though :D

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I wrote to Lloyds advising them of lgal situation regarding taking charges from benefis but they have still taken it putting me into overdraft. They had the advice from me in plenty time: as soon as I received the letter informing me they proposed taking it, in fact: return post.

 

I am now going to e-mail them again advising them of the law adn pointign out that they are in breach of same.

 

Still not received rest of material requested in Data Protect letter.

 

GRRRRRRRRRRRRRRR!

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  • 3 weeks later...

Can someone please expalain what the f=difference is if there have been manual intervntions, as requested in teh extract from the Cag recommended SAR?

"In addition, where there has been any event in my account history, over this period, which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes, which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

Should you be unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response."

 

 

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It will cost the banks more if someone has done something as a result of your bounced direct debit, or going over your overdraft limit.

 

If they've had to pay out £35.00 for work as a result of this, then they would be justified in charging you £35.00. It would be a genuine cost to the bank and not a penalty charge to you. You are asking for some proof that they've paid this out. If however the process as a result of your breach is entirely automated, as it is in 99.999999% of cases, and it has cost them 50p for example, then they can only charge you 50p and not £35.00 as they probably have.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hmmm, how on Earth do I know what meritted intervention and what didn't if they have only sent the list of charges made over the past years.

 

The first lot they sent had some details of interven tions, I think, might not have been but it's such a jumble. I#ll have to try to go through it all again.

 

Never short of a drama in this house. My kitchen went on fire last week ad having had a nasty experience with insurers, I packed in my policy meaning to renew it with another company.

 

Unfortunately, my To-it is the wrong shape so I am left with no contents insurance but a black house (minus some material possessions but, thankfully, with all lives intact), to clean.

 

Every time I think I am about to turn that darned corner for the upturn in life, I get stumped by something else and always by something someone else has done.

GRRRRRR!

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I will, with your help, work at the bank reclaim and I'll do my best to win.

 

 

I know at times it's frustrating, but don't give up. You will get there in the end :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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