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    • 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. 
    • So you think not pay until DN then pay something to the oc to delay selling to dcas?    then go from there? 
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Natwest Asking For Overdraft Payment?


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Im writing on here behalf of my friend who is currently involved in a dispute with natwest on charges to his account that they are asking for.

 

He checks his account online one day and its shows up with £6000 being paid into his account. He doesnt know who sent it and obviously he isnt going to tell the bank about this otherwise they would take it back out of his account. He goes the next day and withdraws the whole £6000 from his account. Later the same day he checks his online account and it shows up saying its been paid out and after checking it says its an unpaid cheque.

 

Now the bank are asking him for the money back, why is this. The money was in his account and even though he didnt know who sent it he had the right to claim the money because it was in his account.

 

What does anyone who might of had the same issue advise for my friend.

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Im afraid unless your friend can prove that the money is/was rightfully his, the banks are perfectly entitled to ask for it back, even if it was their mistake. In fact, they can, and probably will pursue the matter through the courts, where when they prove their case, your friend will be liable to pay interest on the money, plus the banks solicitors and court costs...

You might want to have a read of this...

Obtaining a pecuniary advantage by deception - Wikipedia, the free encyclopedia

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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  • 1 year later...

I had a similar thing happen to me, although I was expecting a payment which turned out to be fraudulent, NatWest seem to have a habit of making money available, reversing it and then asking for it back, i find it ridiculous.

 

As for legal action, this is very rare over an amount like £6000, they need to be 100% sure they can get the money back, otherwise its just not feasible to go through the courts.

 

Personally, I think they will just send a few threatening letters and make phone calls, as they need to prove to the insurance companies they have tried to contact the debtor before selling the debt on to a DCA.

 

Whats your friends current situation? is he a high earner? own a property? or a car? They always look at assets before taking legal action.

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Riko100, if your friend has said he went into the branch and took out £6000.00 and that a cheque was returned unpaid the next day, he is not telling you the truth. Since the 2 4 6 process of cheque clearance which I believe is November 2007(ish), the process especially within the branch network would prevent the situation you have explained happening specifically on that amount. Ask him to tell you another story ;)

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I've worked for a natwest contact centre in the past and it was quite common for cheques to be made available before they clear, we always had to advise customers that it was their responsibility if they draw on the funds before 5 working days.

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