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Hearing (Refusal due to Bank letter)

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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mszafar
Junior Member
Posts: 67
Joined: Sun Aug 29, 2010 6:57 pm

Hearing (Refusal due to Bank letter)

Post by mszafar » Sun Oct 20, 2013 6:56 pm

I had hearing on 17 October. I gave email from Bank's complaint team that It is not their procedure to issue bank letter on third party name. HO rep asked me question like,

1- Why you have sent email instead of getting letter?
Answer: Account holder been to the branch many times to get letter with my name on it, but they refused to issue such letter. Also they refused to give their policy letter.

2- you have sent email instead of account holder.
Answer: Because account holder is aged person and does not use computer.

3- What is main purpose of showing these emails, It doesnot look like complaint?
Answer. It is not complaint. I tried to get their policy letter. I cannot register complaint because I am not account holder.

4- Judge: Why not you transfered money to UK?
Answer: If I get Visa I ll do transfer within one week. I donot want to do transfer because I have to pay transfer fee and plus I might have some loss because of exchange rate fluctuations.

5- HO rep: Why not you added your name to account?
Answer: I have to go back to pakistan during my exams to add my name as they need my signatures and ID which was not possible for me.

6- Judge: I am confused why account holder is giving you money?
Answer: my barrister told her, It is normal in pakistani culture. He is applicant uncle.

At the end judge looked confuse about why he is giving such a huge amount of money. She said, I ll send you decision in two weeks. HO barrister didnot ask many questions except about email. Comparatively, judge asked more questions than HO rep.

Will update when I get my decision. To me, It look like I have 50% chance to get decision in my favor.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Re: Hearing (Refusal due to Bank letter)

Post by Olasunkanmi » Sun Oct 20, 2013 7:22 pm

@ mszafar, you and your solicitor have done a good job during your appeal hearing.

My only fear is that the 4th question should never have been answered with the fear of loosing transfer fees as this will give the judge the impression that you seem to be afraid of transfer fee rather than success of your business. Businesses are built on hope of either profit or loss and your fear of loosing money might have made the judge to ask the 6th question as to why your uncle is giving you such amount of money.

I wish you the best of luck in your appeal decision.
The key to success is knowledge and hardwork, and to have faith.

mszafar
Junior Member
Posts: 67
Joined: Sun Aug 29, 2010 6:57 pm

Re: Hearing (Refusal due to Bank letter)

Post by mszafar » Sun Oct 20, 2013 7:29 pm

Olasunkanmi wrote:@ mszafar, you and your solicitor have done a good job during your appeal hearing.

My only fear is that the 4th question should never have been answered with the fear of loosing transfer fees as this will give the judge the impression that you seem to be afraid of transfer fee rather than success of your business. Businesses are built on hope of either profit or loss and your fear of loosing money might have made the judge to ask the 6th question as to why your uncle is giving you such amount of money.

I wish you the best of luck in your appeal decision.
I am not doing business yet. If i donot get visa i hv to send the money back within 2 weeks. If I get visa I am happy to do transfer in 1 week. Due to huge amount of money involed, small change in exchange rate will result in huge loss.

rizwan567
Diamond Member
Posts: 1098
Joined: Sat Mar 23, 2002 1:01 am
Location: Greater London

Post by rizwan567 » Sun Oct 20, 2013 11:40 pm

I think u r under 200k category, thats why business not yet started... correct?

mszafar
Junior Member
Posts: 67
Joined: Sun Aug 29, 2010 6:57 pm

Post by mszafar » Sun Oct 20, 2013 11:55 pm

rizwan567 wrote:I think u r under 200k category, thats why business not yet started... correct?
Yes, thats right

rizwan567
Diamond Member
Posts: 1098
Joined: Sat Mar 23, 2002 1:01 am
Location: Greater London

Post by rizwan567 » Mon Oct 21, 2013 8:42 am

Then I think your reply was OK for not transferring money to the UK coz you can not start a business until you get the visa. So why transfer money in advance when visa application is already jeopardize and in appeal.

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Post by Lola22 » Mon Oct 21, 2013 1:03 pm

To be honest. You really tried with your answers. I really do not know how I would have answered it better. I love all your answers, I just didn't get the answer for question 2 but overall it is great. It would have been an outright refusal but you managed to get a 50/50 win case at that minute and all you need to do now, is to pray for favour.

Good luck.

mszafar
Junior Member
Posts: 67
Joined: Sun Aug 29, 2010 6:57 pm

Post by mszafar » Mon Oct 21, 2013 1:13 pm

Lola22 wrote:To be honest. You really tried with your answers. I really do not know how I would have answered it better. I love all your answers, I just didn't get the answer for question 2 but overall it is great. It would have been an outright refusal but you managed to get a 50/50 win case at that minute and all you need to do now, is to pray for favour.

Good luck.
Thanks Lola

The account holder does not use email. He been to branch to get letter but they refused to give such letter. The only option was email, which account holder cannot use.

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Post by Lola22 » Mon Oct 21, 2013 1:32 pm

mszafar wrote:
Lola22 wrote:To be honest. You really tried with your answers. I really do not know how I would have answered it better. I love all your answers, I just didn't get the answer for question 2 but overall it is great. It would have been an outright refusal but you managed to get a 50/50 win case at that minute and all you need to do now, is to pray for favour.

Good luck.
Thanks Lola

The account holder does not use email. He been to branch to get letter but they refused to give such letter. The only option was email, which account holder cannot use.
Yeah, I later understood what you wrote, I guess the message from the bank was sent to your own email account. Right?

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Post by Lola22 » Mon Oct 21, 2013 1:38 pm

Sorry, I actually thought that it is easy to get such letter from your country. Am I correct? What di you submit exactly? Bank letter with no third party name or just bank account statement.

Thank you.

mszafar
Junior Member
Posts: 67
Joined: Sun Aug 29, 2010 6:57 pm

Post by mszafar » Mon Oct 21, 2013 3:43 pm

Lola22 wrote:Sorry, I actually thought that it is easy to get such letter from your country. Am I correct? What di you submit exactly? Bank letter with no third party name or just bank account statement.

Thank you.
Bank letter with no third party name and funds transferable to uk. But bank mentioned funds are free from any liability.

I have provided emails from bank that they cannot mention third party name on letter and for transfering money to uk, account holder will need to go to branch.

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Post by Lola22 » Mon Oct 21, 2013 4:16 pm

Yes, it is difficult to get such letter with third party name. Some banks don't give such letters and they know. Hopefully, you get it.

I wish you good luck.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Post by Olasunkanmi » Mon Oct 21, 2013 5:25 pm

It is very worrying the way the Home Office and the judges are treating the appeal of applicants with this kind of refusal about bank not ready to mention applicants name on bank letter.

Some guys have won appeal on similar reason and some have had their appeal dismissed. This shows how unprofessional the judges are now becoming and allowing Home Office to do as they like.
The key to success is knowledge and hardwork, and to have faith.

mszafar
Junior Member
Posts: 67
Joined: Sun Aug 29, 2010 6:57 pm

Post by mszafar » Mon Oct 21, 2013 9:47 pm

Olasunkanmi wrote:It is very worrying the way the Home Office and the judges are treating the appeal of applicants with this kind of refusal about bank not ready to mention applicants name on bank letter.

Some guys have won appeal on similar reason and some have had their appeal dismissed. This shows how unprofessional the judges are now becoming and allowing Home Office to do as they like.
Yeah, thats right. some ppl have their appeals allowed for same reason and some appeals are dismissed. I think It depends on judge.

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