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      its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
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      my Leasehold/Freehold property and it's issues.

      By aesmith · Posted

      From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
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      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

    • lookinforinfo
      NPE ANPR PCN - No Permit - Locton Estate, London, E3 2LP

      By lookinforinfo · Posted

      Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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      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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Debt collection hell, need advice & someone to talk to...

Peepo

By Peepo
in Debt Collection Agencies

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Hopeful1

Hopeful1

Posted
Posted
All my accounts were frozen, even the one with my benefits and student finance, so be prepared...

 

 

Hi BB :)

 

If you don't mind me asking - do you have any sort of bank / building / post office account now?

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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babybear39

babybear39

Posted
Posted (edited)

Yes, my bank sent my total balance to the OR but the OR returned it saying they had no interest in it as it was benefits and student finance. I have a student account and a basic bank account.

 

And hi Hopeful :) Hope you and yours are doing ok...

Edited by babybear39
forgot something
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Hopeful1

Hopeful1

Posted
Posted
Yes, my bank sent my total balance to the OR but the OR returned it saying they had no interest in it as it was benefits and student finance. I have a student account and a basic bank account.

 

And hi Hopeful :) Hope you and yours are doing ok...

 

 

Thanks for that BB. I'm sure that will be helpful for Peepo - you can't beat hearing these things from someone with 1st hand experience.

 

Me and mine are ploughing on :o :rolleyes: Hugs to you :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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palomino

palomino

Posted
Posted
Yes, my bank sent my total balance to the OR but the OR returned it saying they had no interest in it as it was benefits and student finance. I have a student account and a basic bank account.

 

 

Did you have student loan?

The insolvency website says "Student loans, since 1 September 2004 all outstanding student loans cannot be claimed in bankruptcy. They remain the responsibility of the (former) student to repay within the terms of the loan arrangement"

 

and "If you were made bankrupt before 1 September 2004 you may still have to repay your student loan. Clarification should be requested from the official receiver who is dealing with your affairs."

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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palomino

palomino

Posted
Posted

Aah I see, the loan was taken out after the bankruptcy. The bits I posted refer to loans taken out prior to the bankruptcy.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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palomino

palomino

Posted
Posted

Sounds like some sort of special arrangement with everything happening all around the same time. Glad it worked out for you!

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Peepo

Peepo

Posted
  • Author
Posted

Ahh ok thanks, I dont think they will be able to help me.

 

I recieved a reply for a Subject Access Request that I send one of my credit cards. They have sent me a copy of the credit agreement unsigned & have written

 

'We regard this as meeting our obligation under section 78 of the act 1974 to provide you with a true copy of the executed agreement. On their proper construction, that section and Regulation 3 of the Consumer Credit (Cancellation Notices & Copies of Documents) Regulations 1983 (1983 S.I 1553) do not require us to provide you with a copy of the executed credit agreement between us in the form of a photocopy of that document'

 

Does this sound like a load of mumbojumbo?

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babybear39

babybear39

Posted
Posted

Try CCCS anyway as there are loads of other charities that may be able to help.

 

They do have an obligation to provide a true copy of your properly executed CCA :rolleyes: Report them to Trading Standards and the OFT.

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Hopeful1

Hopeful1

Posted
Posted
Ahh ok thanks, I dont think they will be able to help me.

 

I recieved a reply for a Subject Access Request that I send one of my credit cards. They have sent me a copy of the credit agreement unsigned & have written

 

'We regard this as meeting our obligation under section 78 of the act 1974 to provide you with a true copy of the executed agreement. On their proper construction, that section and Regulation 3 of the Consumer Credit (Cancellation Notices & Copies of Documents) Regulations 1983 (1983 S.I 1553) do not require us to provide you with a copy of the executed credit agreement between us in the form of a photocopy of that document'

 

Does this sound like a load of mumbojumbo?

 

Try CCCS anyway as there are loads of other charities that may be able to help.

 

They do have an obligation to provide a true copy of your properly executed CCA :rolleyes: Report them to Trading Standards and the OFT.

 

Hi Peepo :)

 

I just wanted to ditto what Babybear said and to add DO NOT send them anything with your signature on. In the past i have photocopied my driver's license but then blocked out my signature. Be aware of how you sign for letters etc if you receive anything recorded too as companies can view the signature online the same as we can.

 

I know - talk about paranoia!!! :o :D

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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notsoevil

notsoevil

Posted
Posted

hi

 

Hmmmm I had a similar experience with ultily bills once years ago, I dont think you have a credit agreement as such, but you do have an agreement to be supplied with whatever it is.

 

For the powergen one I would not ask for the copy of the agreement.

 

I dont see why admin charges have been added! Once a person has informed the relevant companies that they are in financial hardship all interest and charges should be stopped! I would put in your letters that you have informed them all more then once of your situation and yet they still add charges. Inform them you are seeking advice from CAB (and do so) and request all admin charges and interest added after you told them of your situation to be refunded.

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PriorityOne

PriorityOne

Posted
Posted
Ahh ok thanks, I dont think they will be able to help me.

 

I recieved a reply for a Subject Access Request that I send one of my credit cards. They have sent me a copy of the credit agreement unsigned & have written

 

'We regard this as meeting our obligation under section 78 of the act 1974 to provide you with a true copy of the executed agreement. On their proper construction, that section and Regulation 3 of the Consumer Credit (Cancellation Notices & Copies of Documents) Regulations 1983 (1983 S.I 1553) do not require us to provide you with a copy of the executed credit agreement between us in the form of a photocopy of that document'

 

Does this sound like a load of mumbojumbo?

 

They've supplied a copy under the above Act... but unfortunately it's unenforceable under CCA1974; sec 127(3), due to it being blank; no signatures. :p

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  • 2 months later...
Peepo

Peepo

Posted
  • Author
Posted

Hello again & thankyou everyone for the replies.

I am no closer to declaring myself bankrupt, however, my mind is slightly at ease, the reason for this lighter frame of mind... I have stopped opening the letters from the debt collectors :)

I have them in a neat pile on the shelf, unopened & I feel much better.

When I was a child the postman always used to bring nice things, so Ive grown up with a sense that letters are there to be opened. Well I decided that as you get older the postman brings mostly not very nice stuff & in actual fact you dont have to open them. This new way of thinking has helped abit for the time being & has given me much needed head space to sort myself out while I try to save up the money to declare myself bankrupt.

 

One of them has managed to get my mobile phone number from where I have no idea, & has been calling me constantly for the last few days, so Im changing my number again & not giving it to anyone. I dont understand why they are threatening me with court action for the last year & have still done nothing about it, as its a utility bill.

 

Anyway, apart from this small detail things are abit clearer, now I dont have to be belittled over my breakfast by letters from debt collectors every morning. I think it was Goldlady who said eventually you become immune to the letters, I think she is deffinately right :)

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Goldlady

Goldlady

Posted
Posted

I am so pleased you are coping better - you simply cannot let these people destroy you. I think realising how many other people are in a similar situation must also give you some strength.

 

Soon you will be passing on your knowledge and experience to other people - and the way things are going there will be lots more folk in a mess.

 

Enjoy your breakfasts:D. I love your philosophy.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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  • 2 weeks later...
Hopeful1

Hopeful1

Posted
Posted
Something terrible has happened, my landlord served me notice to quit today because she said she is concerned with me declaring myself bankrupt. I dont understand how they can do this!

Thats it, Im all out of energy for this, the fight has been lost.

 

Peepo i'm really sorry to hear that. Please don't give up. Are there friends or family who can offer you some support and accommodation?

 

Please don't despair - keep posting even if it's just to get things off your chest. I'll be looking out for your posts x

  • Haha 1

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Goldlady

Goldlady

Posted
Posted

I am not sure if they can do that when you haven't actually gone bankrupt.... How did she know you were thinking of it? I'm not sure if there is any appeal open to you but can get someone from the landlord and tenant forums across if it would help.

 

Don't give up - things can only get better as they say:)

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hopeful1

Hopeful1

Posted
Posted
I am not sure if they can do that when you haven't actually gone bankrupt.... How did she know you were thinking of it? I'm not sure if there is any appeal open to you but can get someone from the landlord and tenant forums across if it would help.

 

Don't give up - things can only get better as they say:)

 

That's a good tip about talking to someone from the landlord / tenant forums.

 

How are you doing, Peepo?

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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MrShed

MrShed

Posted
Posted

And...duly dragged over from the LT forums(thanks for the PM Goldlady).

 

Peepo, what kind of tenancy agreement are you on, and when did it start?

  • Haha 1

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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  • 3 weeks later...
Peepo

Peepo

Posted
  • Author
Posted

Crisis averted. I told her I had decided no to go bankrupt & she has told me I can remain in the house.

Ive lived here 8 years & never paid my rent late, Ive spent money on the house aswell as decorated it etc and she told me she was worried when I mentioned bankruptsy that my rent might not be paid. Well theres gratitude for you!

 

With regards to the bankruptsy I have moved all my finances over to my new bank account in preparation for losing my old one when I declare myself bankrupt. And I have gotten myself a rather handy Pay As You Go credit card which means if I lose my bank account when bankrupt I will still be able to pay my bills online, that has cheered me up somewhat as losing the ability to pay for online services was a worry for me, so all good in that department :)

Now I just have to save up the money to actually do it.

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