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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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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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legal and general - non disclosure - non payout-YET!


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Hello to all members. You might want to take a deep breath before you read on, so he we go I'll do my very best to explain as clearly as I possibly can.

 

Last year my father passed away unexpectedly through natural causes. Natural Pneumonia was the cause. My father was a fit and healthy man for his age, visiting the gym at least twice a week, but due to a viral infection he picked up his body wasn't strong enough to beat the throws of natural pneumonia.

 

Some five years previous my father undertook a life assurance policy which was to cover the outstanding amount on his mortgage, and nothing more. There was no financial gain to be made by my father. The policy was necessary due to my father having to re-mortgage his home due to the divorce of his wife, my mother.

 

On the death of my father a claim was placed on behalf of myself and my sisters. Legal and General took several months to come to the decision, their decision being refusal to pay on the grounds of non disclosure.

 

As the policy was deamed to be in it's early term, Legal and General requested further information be supplied with reference to the claim. My late father's doctor provided with my consent completed a medical questionnaire, which made a suggestion of health problems. L & G's query being an in-eligable entry made by a previous doctor which turned out to be an irrelevant entry with no bearing on Legal and General's decision to refuse the claim. Because of this request for further medical records L & G came across some entries which were relevant to my fathers application and their point of non-disclosure.

 

My father's marriage break down caused him some distress and at that time he visited a previous doctor who made a note in my father's medical records stating he couldn't cope, quiet a natural reaction to a marriage breakdown i would say! My father would have also required help via prescription do ease his stress, but only for a period of a week, he required no consultation or follow up. I have his previous doctor at the time of his marriage breakdown and his last doctor both verifying that my father was fit, healthy and of a sound state of mind, and that it is only normal for anyone experiencing divorce to naturally feel low and down. The doctors are both happy to testify against L & G's decision in writing. I hold full medical records of my father.

 

question:have you at any time had, or been advised to have, any medical investigation or consultation, advice, operation or treatment for any of the following:

 

f)any form of nervous or mental disorder, or have you ever required tranquillisers or anti depressants?

 

My father obviously thought that he didn't feel his 1 week stint on prescription medicine was relevant and certainly his feeling low period was only kind of natural, my father never received any consultation, advice, operation or treatment of the above stated apart from the prescription he took. My father was a very very hard working man who never took time off work for illness, and working meant paying for his premiums too. My father never expected to pass away and he certainly never passed away due to mental disorder!??!?!

 

I am currently in communication with two past doctors who are willing to support me in everyway possible. I understand that i should exhaust my free options, ie; dispute the decision of L & G, then if the refuse again to go to the Financial Ombusdman, then if that fails, rely on a court of law?

 

A year later Im getting to the stage now where battling on my own is feeling like forever and I would love to hear from anyone who was or is in the same position as me, just so I can seek some support and advice. Should i use a solicitor now? should i seek letters of support from his past employers to state his clear state of mind? should i question L & G professionalism? Did L & G ask for a full medical when he undertook his policy application, bearing in mind he was mid forties? Any little bit of input would be wonderful and I look forward to your responses.

 

Thanks for reading, I really do appreciate it

 

Baboon

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thank you bookworm, will me taking so long cause a problem? my father's estate has been lying dormant for some months now, so it's really only the last couple of months that have seen some activity (with reference to our claim).

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i agree totally with bookworm.

try them one last time for a "final" decision then get a very detailed letter, ( with supporting evidence from dr's new and previous etc ) off to the ombudsman.

are they saying your dear Father wasnt in sound mind?

are they also trying the " the person was ill at time of taking out cover" routine ( which can be a good get out clause if they suspect you of clinical fraud ).

i understand that this must be playing on your mind, but have faith, and challenge this ridiculous decision.

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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I have my Life Insurance with Legal & General and when I took out the policy they wrote to my GP for my Medical Records anyway. They did as well for my wife. Double check through your records to make sure they did not do this in respect of your late fathers policy.

 

I'm really sorry they're trying to pull such a fast one - it's these sorts of things that give insurers such a bad name when trying to wriggle out of paying. Good luck with the Ombudsman although I understand they're pretty busy at the moment with Endowment and Bank Charges complaints - they're currently getting up to 5000 referrals a week as opposed to 1000 a couple of weeks ago.

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thanks for your input it's really appreciated. Im not sure if L & G sourced my father's medical records on his application. I have never really questioned whether my father supplied his medical records before. I guess if they didn't I should be questioning why???

 

Thanks for your input every little helps me on my way.

 

thanks:)

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