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    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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Removing adverse credit information


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I've recently gone through my credit file with the 3 agencies and noticed on my IF loan accounts they have consistently recorded AP (Agreement to pay) when the payments were a few days late mainly because I didn't have enough money to pay on time because of there bank charges. I've successfully claimed back £1800 from them and calculate an additionional £400 since my last claim.

My retrospectoscope obviously says I should have done both at the same time.

 

Is it appropriate for them to record AP instead of late payment on my file when I did not enter into such an agreements?? It looks like the AP is having a significantly detrimental affect on my credit score. How can I get this info removed?? Has anyone been successful doing this with IF?

I'm so hacked off with them that it's now my mission to slay the Ba$tards.

 

Words of wisdom from this great forum would be highly appreciated. Do I start a new claim for the a refund of charges and removal of adverse info or should I pursue the adverse info on it's own?

 

Many thanks.

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...I've successfully claimed back £1800 from them and calculate an additionional £400 since my last claim.

My retrospectoscope obviously says I should have done both at the same time.

 

...Words of wisdom from this great forum would be highly appreciated. Do I start a new claim for the a refund of charges and removal of adverse info or should I pursue the adverse info on it's own?

Methinks that U have answered your own question!...;)

...:)

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I'm in the process - i've been offered back all my charges plus 8% interest (which I was very surprised about considering the OFT case is in Jan) but I rejected their offer as i'm holding on for default removal!! Maybe i'm mad, but I think the default removal is more valuable than the refund as we want to get a new mortgage at some point next year......

 

Has anyone been successful with default removal by IF???

b8byd :D

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  • 1 month later...

Interesting thread, I noticed when I looked at my credit file from Equifax last year that IF had recorded AP on mortgage account for 3 consecutive months, yet nothing is recorded with Experian, which was odd.

 

Looking back , I found this was when I took a 3 month payment holiday as per conditions of the mortgage!!! Surely, this was an arrangement between IF and myself within the terms of the mortgage, but it should not be detrimental to my/our credit files should it?

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My understanding is that these 'AP's are nearly as bad as defaults. I wrote to experian who confirmed that these markers don't exist on my file whilst they have been placed on my equifax file. My 'credit score' works out at 928 (experian) 467 (equifax) - go figure!

I also never entered into a written or verbal 'arrangement to pay' with IF. Will be filing with MCOL next week.

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I thought that Credit reference agencies were not supposed to hold scores, just data relating to accounts.

If they all hold different information which could have detrimental effect on an individual being granted or declined credit, then companies who use Equifax rather than say Experian, would be receiving unfair and inaccurate information from the agency, and according to the data protection act that is an offence on the part of the credit reference agency. How come the other 2 agencies don't hold this data?

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I thought that Credit reference agencies were not supposed to hold scores, just data relating to accounts.

If they all hold different information which could have detrimental effect on an individual being granted or declined credit, then companies who use Equifax rather than say Experian, would be receiving unfair and inaccurate information from the agency, and according to the data protection act that is an offence on the part of the credit reference agency. How come the other 2 agencies don't hold this data?

 

I think this is a great point. They are using the collected data to derive a credit score on which the basis of a decision is made. Surely this exceeds their remit to simply be a register of information that lenders can access?

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  • 9 months later...

The credit scores they show you are just an indication to how likely you are to gain credit, not that they are your actual score.

 

Different companies have different lending criteria so no decision is based on any one thing.

 

:D

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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