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    • 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.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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Payment Break Plan Skycard


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Hi,

 

After recently hearing about mis sold PPI's, I thought that i would check my credit cards. On my skycard there was a "payment break plan" which I had never noticed before. I immediately rang Skycard to ask what it was and also to cancel it. It seems it is not a PPI, but where you can take a break from payments for a period of time, if in difficulties. Seems to me that this is the same as a PPI.

 

I have since wrote to skycard to request a full refund, as it has never been explained to me and i would never use it anyway, as my employer pays full pay when off sick and I have long term illness covered in my life insurance policy.

 

Anyway, they have replied to me today, stating that firstly, it is not a PPI and secondly, it has been on the account since day one and i would have "obviously" been told what it was when i activated my card.

 

My other point with them is that a few months ago, I wrote to them to see if they would freeze interest and lower my payments for 6 months, whilst I got my finances back on track, this they did.

 

Now had i known that this plan was on my account, surely I would have requested to claim on this, and also, why did no one at Skycard then advise me that this "payment break plan" was an option.

 

Could someone with more knowledge please let me know if I have a case here for claiming back the already paid amounts?

 

 

Thanks in advance

Yvonne

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Hi,

 

After recently hearing about mis sold PPI's, I thought that i would check my credit cards. On my skycard there was a "payment break plan" which I had never noticed before. I immediately rang Skycard to ask what it was and also to cancel it. It seems it is not a PPI, but where you can take a break from payments for a period of time, if in difficulties. Seems to me that this is the same as a PPI.

 

I have since wrote to skycard to request a full refund, as it has never been explained to me and i would never use it anyway, as my employer pays full pay when off sick and I have long term illness covered in my life insurance policy.

 

Anyway, they have replied to me today, stating that firstly, it is not a PPI and secondly, it has been on the account since day one and i would have "obviously" been told what it was when i activated my card.

 

My other point with them is that a few months ago, I wrote to them to see if they would freeze interest and lower my payments for 6 months, whilst I got my finances back on track, this they did.

 

Now had i known that this plan was on my account, surely I would have requested to claim on this, and also, why did no one at Skycard then advise me that this "payment break plan" was an option.

 

Could someone with more knowledge please let me know if I have a case here for claiming back the already paid amounts?

 

 

Thanks in advance

Yvonne

 

Hello Yvonne,

 

How did they explain this payment break plan to you and how does it work. I you rang them to ask them to reduce the payments when you were struggling, if you had that on your account, surely they would have suggested that you use this pbp

 

and also they did a very good job of selling it to you because you didn't you could use it either:rolleyes:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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In the 1st instance i would send a CCA request to get a copy of your credit agreement and see if that shows the terms and conditions of your account.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You'd need letter N if you decide to take this route. Enclose a £1 postal order and post recorded or special delivery. Keep hold of all receipts in case you need evidence of postage at a later date.

 

If you don't get the info you need, you could send a subject access request to gain all the info they hold about 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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Hello Yvonne,

 

How did they explain this payment break plan to you and how does it work. I you rang them to ask them to reduce the payments when you were struggling, if you had that on your account, surely they would have suggested that you use this pbp

 

and also they did a very good job of selling it to you because you didn't you could use it either:rolleyes:

 

That crossed my mind too!!

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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That crossed my mind too!!

 

great minds think alike:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi,

 

Thanks for all your replies.

 

I have already CCA'd them and received my agreement, but there is absolutely nothing relating to this on there.

 

I did mention this in my letter to them requesting re-imbursement and was told then it would have been mentioned to me when i rang to activate my card. I definitely would not have agreed to it, as stated before, I would not need to use it.

 

The letter they have sent me is basically a bog off letter, but i don't intend to leave it at that. Any ideas of what i can respond to them?

 

 

Thanks

Yvonne

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Hi,

 

Thanks for all your replies.

 

I have already CCA'd them and received my agreement, but there is absolutely nothing relating to this on there.

 

I did mention this in my letter to them requesting re-imbursement and was told then it would have been mentioned to me when i rang to activate my card. I definitely would not have agreed to it, as stated before, I would not need to use it.

 

The letter they have sent me is basically a bog off letter, but i don't intend to leave it at that. Any ideas of what i can respond to them?

 

 

Thanks

Yvonne

 

Hello Yvonne,

 

If there is nothing on your credit agreement, they must provide you with evidence that you agreed to it, The onus is one them to prove it was not applied without your agreement.

 

Write back to them stating this and tell them that if they do not return these mis-applied payments to you, you will consider taking action against them, your opinions are either the FOS or court. Tell them that you are reporting them to the Office of Fair Trading and Trading Standards:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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