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Invalid application due to payment problem

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lal41
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Joined: Sat Aug 01, 2015 9:17 pm

Invalid application due to payment problem

Post by lal41 » Sat Aug 01, 2015 10:15 pm

Please I need Help,
I re-apply my leave to remain in the UK before it runs out in May 2015. I received the acknowledgement letter, after a month I received a letter that the Home Office cant received the payment meanwhile the money has gone from my account within 4days I sent the application. I sent then the bank statement where the money has being taken out. Nothing was heard after 3wks and they sent me the biometric form which I fill and paid the money send it back through the post office. In july , the case worker sent me a that my application was invalid because they can`t take the payment and was told to get in touch with my local enforcement for the date of my removal. What a joke, My first daughter is 11yrs and my partner is white and pregnant with our second baby.
I sent my complaint email to the complaint allocation hub, complaints&compliments@homeoffice.gsi.gov.uk, public.enquiries@homeoffice.gsi.gov.uk. and to the immigration MP privateoffice.external@homeoffice.gsi.gov.uk. for the past 25days now. Even my constituency MP hasn't get back to me after 5 email. Please What can I do ?
Can someone advise me what next to do. please.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Invalid application due to payment problem

Post by vinny » Sat Aug 01, 2015 11:44 pm

Did the UKVI claim in writing that can't take the payment, for the application or for the biometrics?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

lal41
Newly Registered
Posts: 3
Joined: Sat Aug 01, 2015 9:17 pm

Re: Invalid application due to payment problem

Post by lal41 » Sun Aug 02, 2015 7:52 am

Thanks for your reply Vinny
They wrote to me that they cant take the payment for the application fees, I sent them the copy of my bank statement to the case worker where the money was taken and nothing was heard. After 3wks they sent me the biometric which I did and send it back to them with the correct fees as well.

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Invalid application due to payment problem

Post by vinny » Sun Aug 02, 2015 8:51 am

If your bank statement state that the money was taken and the UKBA claim that they can't take the payment, then someone else may have.

Ask the police and bank to investigate further.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

lal41
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Posts: 3
Joined: Sat Aug 01, 2015 9:17 pm

Re: Invalid application due to payment problem

Post by lal41 » Sun Aug 02, 2015 9:20 am

It shows on my bank statement Reference Home Office took the money.

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Invalid application due to payment problem

Post by vinny » Sun Aug 02, 2015 10:02 am

If the Home Office has written to deny taking payment, then I suggest you also report this matter to the police and your bank. If the police or your bank continue to continue to confirm that the Home Office had taken payment, then I think you should be in a stronger position to challenge the Home Office's assertions of the contrary.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Invalid application due to payment problem

Post by vinny » Sun Aug 02, 2015 10:34 am

Moreover, the burden of proof that you didn't make the payment rests with the Home Office.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Location: UK/Ireland
Ireland

Re: Invalid application due to payment problem

Post by Obie » Sun Aug 02, 2015 10:37 am

You should forward the letter to the bank and seek clarification. .

The police will not get involved, as the bank will ask you to get a police and crime number, only if they suspect that fraud had taken place.

The bank could clarify and that could form a basis for a pre action protocol and possibly a JR , which will have a realistic prospect of succeeding.
Smooth seas do not make skilful sailors

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Invalid application due to payment problem

Post by vinny » Sun Aug 02, 2015 10:40 am

Obie wrote:The police will not get involved, as the bank will ask you to get a police and crime number, only if they suspect that fraud had taken place.
That's one of my suspicions. Or Home Office's misfiling.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Posts: 15166
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Invalid application due to payment problem

Post by Obie » Sun Aug 02, 2015 3:45 pm

vinny wrote:
Obie wrote:The police will not get involved, as the bank will ask you to get a police and crime number, only if they suspect that fraud had taken place.
That's one of my suspicions. Or Home Office's misfiling.

This will make for a very interesting Judicial Review case.

I believe the restrictions imposed are clearly unlawful as the OP has Section 3C rights which is still live.
Smooth seas do not make skilful sailors

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