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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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strict choice housing scheme requirements


worried33
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I have been in my current flat for 9 years and currently I get all my rent covered by housing benefit.

 

However this year the landlord decided to make things difficult and my terms are changing.

 

Extra £20 a week rent.

New guarantor required even tho I dont have arrears or ever had arrears. Without this 3 months rent paid in advance.

Early termination fee payable in advance

 

So to renew I need this amount of money.

£1245+£495 up front

and extra £20 month rent.

 

Council and charities have confirmed housing benefit will not cover extra rent, in fact I actually already get more than the allowance which I think has only been allowed as I was getting it anyway before the rates got revised.

 

My only income is ESA SG. Given the situation I have put in a claim for PIP although I think I will only be rewarded lower rate mobility.

 

It seems most councils will allow people to get on their choice schemes for needing more affordable housing, but my council seems very strict, unable to afford rent is not a valid reason and they wont let me register. They told me I can only register when I am actually homeless and only then if not intentional homelessness.

 

Shelter have advised me I am in a very tough situation, I can be deemed intentional homeless if I refuse to sign the new tenancy terms, but also likewise if I sign knowing I cannot fulfill the terms. My landlord has said if I dont sign I will get a section 21.

 

My council just kept refusing to acknowledge the private rental market is completely out of touch with local housing allowance rates and refusing me access to the housing association property market. Bedsits in my area cost more than the 1 bed flat LHA rates, thats how much of a difference there is.

 

I found one housing association property on housefinder thats the same rent as LHA rates but sadly they already got a tenant, they said they got 200 available on choice website, but just this one available outside of it.

 

It does seem a bit of a [problem] to be honest, one has to be homeless to get access to affordable housing.

 

My sister's council choice scheme doesnt have such requirements, one can register simply for 'affordability' reasons. But I do require a 'local connection', my sister however has only lived there 2 years (didnt tell them this), and they want 5 years as a minimum term for a relation.

 

Is there any advice on how to get housing association properties outside of choice schemes? or low priced benefit friendly places? I did wonder why these places never seem advertised and now I know why, they all seem locked away by the councils.

 

I have registered on all the housing associations on my councils website, none of them have any properties available, but have been told I have to do this and keep checking them or I risk been deemed intentionally homeless. I dread to think what happens then, do they literally chuck me on the street? What a society.

 

Since I have mobility issues and where I live now I currently cannot have a scooter, I am going to ask my GP this week if i get on the scheme for medical reasons, but I dont know if she will support me on that.

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Hi worried33

 

I really do sympathize with your situation which is a difficult one to get from private housing to social housing for the reasons you describe.

 

The actions you have taken by trying to apply to as many housing associations etc is what I would have advised even then as you have found out there are also barriers.

 

What I would advise is for you to get together as much medical evidence as possible (GP, Hospital Consultant, Occupational Therapy etc), in fact have you contacted the councils social work team to ask for an Occupational Assessment in your present property.

 

You need to get as much evidence as you can to give you a strong case.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Have you tried applying for discretionary housing payments to cover the extra upfront money they want, and possibly even the extra rent?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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England or Scotland?

 

Although I doubt it matters in this case.

 

You have been living in the same property for 9 years? If so you have a local connection by default. If your sister provides support or any caring duties even better tbf. But it's the 9 years which counts.

 

As for making yourself intentionally homeless are you sure the Shelter person said that?

http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council_when_homeless/intentional_homelessness

 

But it would be considered unreasonable for you to stay in your accommodation if:

 

you or someone you live with was experiencing violence or threats of violence

the accommodation was very poor compared with other local housing

you couldn't afford the rent or mortgage payments unless you went without essentials such as food and heating

the accommodation was causing damage to your health

 

Basically asking you to stump up so much money in advance is unreasonable and pay an upfront termination fee? Seriously!

 

Being honest it looks like they want you out so you need to be pro-active about things.

 

Have you applied for the housing list? If not do so also there's an extra section you need to fill in for disability .

 

On the contract thing as above I seriously doubt that you could be accused of making yourself intentionally homeless by not signing. You do need to be careful though if the rent is above the LHA limit as signing then being unable to pay is considered to be one reason.

 

Next question is and this is very important is your deposit protected and in an approved scheme and do you have the prescribed information and was it given to you within the correct time frames?

 

Even if you think it is check to make sure it still is!

 

I'm assuming you've signed a new contract since 4th April 2007 if so it has to be protected. If it isn't don't tell your landlord as it's a very big potentially expensive bargaining chip!

 

Any further advice depends on deposit protection.

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  • 3 weeks later...

Hi worried33

 

Is there any update on this at all?

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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