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    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
    • I will annotate the message I sent for the forum.  Sorry, didn't see this straight away...
    • I went back to the area, this photo is taken on entry. My vehicle was parked in the first space on the left.    Would you say there is sufficient signage ? It’s different to the street view as one sign is missing. The sign nearest to where I parked is 2.23m above ground! So even if the car had been reversed parked in front of it, I don’t think it could be seen. PCN PPM.pdf
    • Thank you. I expect that @dx100uk will be along soon to give advice. Meanwhile, I really wonder whether the default date – as being the starting point of the six years – something which has been decided in law. It has always seemed to me to be extremely unfair. According to the limitation act, the six year period begins from the date on which the cause of action accrued. This normally means that the breach of contract occurred. Section 6 of the limitation act says that in terms of loans, the cause of action begins on the date that the debt was "demanded". Over the past two years this has come to mean the date that the default notice was issued – but I have to say I don't find that very satisfactory. If you received demands for payment before then then I don't see why section 6 shouldn't refer to that date. Did you not receive any correspondence at all in 2017/2018? What was the value of the original loan – and how much you pay off? I see that there was some kind of instalment agreement. Tell us about that. See what my colleague @dx100uk says but anyway, if I were you I would send off an SAR immediately both to the claimant and also to the original creditor. It costs you nothing. There is no downside. Get in the post straightaway with some kind of utility bill establishing your identity. You can even include a copy of the claim form as well as proof of your identity
    • £749.69 court fee £70 legal fee £70 total £889.68 MyJar TM.pdf
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Is this loan attached to her mortgage - together I think they call it.

 

You said earlier that she borrowed the equity - i thought that was this loan.

 

Sorry, its quite difficult as I am ringing and texting her questions!

 

She borrowed the equity and also took out the unsecured loan, just waiting for text to see if it is called together.

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Sorry, she is not sure if it is called together, she thought mortgage might be called tracker.

She was granted XXXamount when she was buying house and as house was XXX amount more they give her the rest as unsecured.....is that a together?

 

Does that make sense?

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So she has got equity then? How much is the house worth, is there a redemption penalty for early repayment, and how much is the mortgage outstanding.

 

Is it a joint mortgage?

 

Sorry she hasnt told me exact amounts on mortgage, so I didnt like to ask.

She has just told me that basically they owe more than the house is worth, plus this unsecured loan.

House prices are around £150,000 in the area but cant be sure.

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Ok, went round to my friends house today to get some proper details so I could help.

The £27,500 debt is unsecured and she rang northern rock and they have agreed £50 per month - Result!

 

Now there was another debt secured from NR that had been sold to Link financial for £30,000 so she rang them again (these loans are in her husbands name but he has given authority for her to speak) and the dca was very nasty, and would not accept any offer so she asked what would happen and he said "as in the credit agreement your husband signed we can apply to force sale of the house.

 

I am about to do her a CCA request to see exactly what he signed for.

 

Any advice?

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Ok, went round to my friends house today to get some proper details so I could help.

The £27,500 debt is unsecured and she rang northern rock and they have agreed £50 per month - Result!

 

Now there was another debt secured from NR that had been sold to Link financial for £30,000 so she rang them again (these loans are in her husbands name but he has given authority for her to speak) and the dca was very nasty, and would not accept any offer so she asked what would happen and he said "as in the credit agreement your husband signed we can apply to force sale of the house.

 

I am about to do her a CCA request to see exactly what he signed for.

 

Any advice?

 

Ok so what they have is - is this right?

Mortgage around £120k - Joint names

Secured Loan £30K - Husbands name

Unsecured Loan £27.5k Wifes name

Other unsecured debt £12.5K - wifes name?

House value £150K

 

I am surprised that NR have passed over the secured loan to a DCA, but thye are one of the most aggressive creditor around.

 

There will be no agreement under the CCA as it is over £25k, there will be some sort of agreemnt obvioulsy though/

Consumer Health Forums - where you can discuss any health or relationship matters.

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Well if they have negative equity then Bankruptcy may be an option. They would have to consider selling their beneficial interest in the property, you can do this under the low cost transfer scheme. The beneficial interest is sold to someone else for £1, this means that the property would not be disposed of by the Official Reciever.

 

What Will Happen to my Home

 

I think it would be important for them to seek some professional advice before deciding on what to do next.

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Ok so what they have is - is this right?

Mortgage around £120k - Joint names

Secured Loan £30K - Husbands name

Unsecured Loan £27.5k Wifes name

Other unsecured debt £12.5K - wifes name?

House value £150K

 

I am surprised that NR have passed over the secured loan to a DCA, but thye are one of the most aggressive creditor around.

 

There will be no agreement under the CCA as it is over £25k, there will be some sort of agreemnt obvioulsy though/

 

Mortgage £150k

secured loan £30k

Unsecured £27k

other debts actually only came to a few hundered and she offered them all £5 a week which they accepted

ALL IN HUSBANDS NAME.

 

They are managing the mortgage and arranged all the other debts today...with my help :)

 

However Link are being a real pain in the XXXX she put him on speaker phone he was very abrubt and not very sympathetic :mad:

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If he was to go bankrupt, no need for her to, if they are all in his name could they then afford the secured loan and mortgage comfortably without getting further into arrears?

 

Sequenci will know more on this, but I am not sure how you stand when a secured loan has gone to a DCA, not something I have come across. I am wondering if NR have passed the wrong one over to the DCA and it should have been the unsecured.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Oh and her husband rang the national debt helpline and they said if they want to keep there house then bankrupcy isnt an option. They dont want to lose there home as the children are really settled in school.

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Oh and her husband rang the national debt helpline and they said if they want to keep there house then bankrupcy isnt an option. They dont want to lose there home as the children are really settled in school.

 

 

As there is no equity then this is wrong.

Could they afford the house without the other debts. How much are they paying at full rate on the mortgage and secured loan?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Oh and her husband rang the national debt helpline and they said if they want to keep there house then bankrupcy isnt an option. They dont want to lose there home as the children are really settled in school.

 

Did they inform the NDL adviser that they had negaitive equity? Do they actually have negative equity? If they do then Bankruptcy *could* be an option.

 

I'm puzzled why a secured loan would go to a DCA, is it registered at the land registry?

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Yes they do have negative equity, he did tell ndh advisor this.

Yes they can manage mortgage and other debts now they have all been reduced, obviously it will still be a struggle but she said they will manage, so there is only link to deal with.

 

they are not sure if registered with land registry.

 

Is it worth sending a cca request?

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Was it definately National Debtline they called? There are LOTS of firms who have VERY similar names who will try and sell them something, The OFT are investigating the similarities. I'm just suprised as I know the training for bankruptcy is very, very good and the adviser should have known that bankruptcy could be an option :confused:

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Yes it was I gave them the number 0808 808 4000 is that right?

 

She has just rang northern rock to find out what debt was passed to link.

 

They said it was a personal loan that went to court and got a charge on the land, it then got passed to Link

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Yes they do have negative equity, he did tell ndh advisor this.

Yes they can manage mortgage and other debts now they have all been reduced, obviously it will still be a struggle but she said they will manage, so there is only link to deal with.

 

they are not sure if registered with land registry.

 

Is it worth sending a cca request?

 

But the point is they are not managing if they are paying the mortgage short, and the secured loan. How long can they hope to carry on like this? Will their circumstances change over the next year? Wil they be earning more to catch up. Each month they are paying below the amount of the mortgage they are increasing their debt. Juggling and lower payments are only good for a very short time.

Consumer Health Forums - where you can discuss any health or relationship matters.

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But the point is they are not managing if they are paying the mortgage short, and the secured loan. How long can they hope to carry on like this? Will their circumstances change over the next year? Wil they be earning more to catch up. Each month they are paying below the amount of the mortgage they are increasing their debt. Juggling and lower payments are only good for a very short time.

 

She said NR was considering changing them to a fixed rate instead of the variable.

 

I never thought about that gizmo, I`ll have to tell her.

 

I suppose it would be better if they went and rented at least they would get housing benefit if they were stuck.

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