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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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stringernicy v HSBC ***SETTLED IN FULL***


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Hi everyone, I hope all is well with youre claims.

I sent my preliminary letter today, 10th-11-06. along with a list of 102 charges totalling £4555.50. This is without o/d interest.

I have left out the interest as I have no doubt this will go as far as a court claim, and so with the 8% that I add on at that stage, claiming for o/d int will push me over the 5k barrier, this I dont want to do. All I want is my charges back.

I have been in conversation with a few work collegues who are interested in pursuing the same goal as myself.

So expect a few more members CAG.

I did make one little mistake. After sending in my claim, I went over the statements again and it seems ive missed 2 charges totalling £40.00.

The list they have all adds up perfectly as these two charges were not on there. Will this make a difference? good luck all.:)

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Just a quick one, am I able to claim back charges of £10.00 or is this amount allowed to be charged. The question is past tense now as I have already entered these on the list of charges which Ive already sent.

But I understand I can amend any mistake in the next letter. [l.b.a.]

thanks to anyone who has an answer. Once again good luck to you all.:)

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I have sent prelim and LBA and didn't hear a dicky bird (track & post confirmed receipt)

Have just filed my MCOL - gulped at the £120 - but I'm also very stubbon

 

My 14 days to acknowledge starts on next Tues (privately hoping they don't bother to acknowledge that either)

 

Then I WIN by default !!!!

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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Could anyone help me please. I have sent the prelim letter with a list of charges totalling £4595.50. I have not claimed the o/d interest as I expect the claim to reach at least the n1 form stage at which point I can add on the statutory 8%. With the o/d int, my claim will exceed 5k, which I do not want to do. Can I still win my case without claiming the o/d int?

Incidentally, the bank has 4 days left to reply before the 14 day limit is up.

Im sure you'll understand Im not optimistic of a reply. GOOD LUCK ALL!:-x

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totally normal for hsbc. keep to the timetable, you may not hear from them right until after you file your mcol. use the next 14 day wait to prepare your mcol. you can register with them - have your own little place to go in and out at will and get your particulars written, etc. do everything right up to paying the fee and clicking submit which you will be ready to do 14 days after posting your lba. keep it going.....

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Hello again all,I am about to send in my LBA letter as I have had no response to the prelim letter,and the 14 days are up.

Im not really expecting a reply to lba either, so Im preparing my list of charges along with the statutory 8% interest added on.

Im not claiming contractual interest, I just want my bloody charges back and then this bank is history.

Unfortunately I dont know which spreadsheet in vampiress's chambers Im to use, can anyone help please.

Also does anyone know how I can get hold of a copy of the cd by Peter McNamara? any help is most welcome, as always good luck all.:confused:

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McNamara here:

http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/118-peter-mcnamara-bbc-radio.html

 

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

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all the info you need is in the library, the faqs and the step by step info.

here's the link to the spreadsheet; 6. Interest calculation spreadsheets

go down in that link to the list at the bottom of the thread - use england - advanced - excel (or works). did you not do this before you sent your prelimin. else how did you know how much to ask for? maybe you mean you just added up your charges from your statements. on the spreadsheet there are two tabs at the bottom, one for charges and interest - which is the one you do to find out how much you are claiming for the chrges plus the portion of the interest they have charged you on that interest, this total you are using for your prelim and lba, the other tab is 8% interest - when you do that one use the date that you anticipate filing your cliam - 14 days from your lba, it then figures days since the charge incurred to the date you are filing on each line and you come up with the 8% you will use in your claim.

 

p.s. it would make it easier if you pm a moderator and ask for your threads to be merged. makes life easier for us to help you.

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Hello

 

Did you claim your charges and the 8% interest or just charges in the end? I need to fill my claim forms in but dont know how to work out the interest.. am tempted to just ask for the £1,050 they owe me and the £120 court fees - do you think that would be ok??

 

C

[FONT=Comic Sans MS][SIZE=4][COLOR=magenta]C [COLOR=black]& [/COLOR][COLOR=blue]D :) [/COLOR][/COLOR][/SIZE][/FONT] [COLOR=black][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC[/B][COLOR=#000000]- Full settlement received & spent! £1,477.93 :-) [/COLOR][/COLOR][/FONT] [COLOR=mediumturquoise][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC claim 2![/B][/COLOR][COLOR=#000000] - Full settlement offer received 27/06 - £1,116 :) [/COLOR][/FONT] [FONT=Comic Sans MS][FONT=Comic Sans MS][COLOR=mediumturquoise][B]A&L[/B][/COLOR][COLOR=#000000] (for my Nan) - full settlement received on day of prelim hearing - approx £1500 :-)[/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Halifax[/B][/COLOR][COLOR=#000000] - (for a friend) - full settlement received 30/06 - £2576! :) [/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Barclays[/B][/COLOR][COLOR=#000000] - (for a friend) - Court forms were due to be submitted but he wants to wait for results of the court case with OFT[/COLOR][/FONT] [/FONT][/COLOR][/COLOR][FONT=Comic Sans MS][COLOR=#000000][B][COLOR=mediumturquoise]A&L[/COLOR][/B] - (for a friend) - court forms submitted - claim 'stayed' due to OFT case[/COLOR][/FONT]

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Hello all, hsbc recieved my lba letter today, 28.11.06. I know they got it today as I work for a certain huge mail company & gave it directly to the postie delivering to that address. Not expecting an answer though. Getting a bit worried about the next stage though, Im not sure which road to take, ie' mcol or n1 form, which is simpler? Thanks in advance, good luck all.:)

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Hi you two,

 

I am sending my LBA off tomorrow aswell! They are gonna be swamped - good enough!!!:cool:

Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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Hello Again All, Hsbc Got My Lba On 28-11-06, Not Expecting A Reply So Im Preparing My Claim. A Couple Of Questions, Once The 14 Days Are Up {12-12-06} How Soon After Should I Send My Claim In? Is There A Deadline? When Working Out The Amount Of Days Between Each Charge For The Int Calc Spreadsheet, Do I Count The Days From The Date Of Claim Or From The Date Of The Last Charge.any Answers Are Most Welcome, Thanks & Good Luck All.:)

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You can claim 14 days after your LBA, but there's no rush or deadline for filing. The important thing is to get it right first time/

 

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

and guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

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Hi stringernicy,

 

You should send your claim to the bank hq - most (inc me) used:-

8 canada square london

 

Steve

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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oops - yep - don't foget the post code

 

(thanks Bong)

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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:confused: Hi all, could someone help please. I am awaiting a reply from my LBA letter, now Im pretty sure Im not going to get one so Im preparing to send in the N1 claim form after the 14 day wait is up. Im not going to use mcol, Im going to my local court to pick up the N1, once I have this I understand I need to fill it in with the particulars of claim info that is found in the bank templates section plus my personal info that is required. Now the bit Im confused about, once Ive got a complete N1 plus a schedule of charges including the 8% stat interest I send this to the bank, RIGHT?

Do I also send a copy to the court along with my payment which in my case will be £120.00? I cant find any info in the faqs that is clear on this.

HELP PLEASE! PANICKING!!!!!!!!

Also I presume I send the N1 to their head office and not my local branch as I have with the previous letters. ANY ADVICE IS MOST WELCOME, AND I THANK ALL THE GOOD PEOPLE THAT HAVE ADVISED ME SO FAR.

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