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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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    • We have finally managed to obtain the transcript of this case.

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tesco insurance/ moorecroft


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hi all any advice please i owe tesco £33.80 for house insurance i was willing to pay reduced payments i wrote to them no reply they have instucted moorcroft to collect the debt, does it cover cca :x thanks

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I would normally advise you speak to our debt recovery department to try and sort this out but if we've already sent the debt to moorcroft then its probably too late to do anything. Have you tried contacting moorcroft to set up a payment arrangement with them?

 

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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You can always refuse to deal with Moorcrap, and pay directly to TESCO, I am more than sure that if you continued to pay what ever you could afford to Tesco, they'd happily bank the money, and once the balance is cleared thats the end of it.

 

This will totally p... off Moorcroft, and any other DCA if you by pass them. =)

 

Sometimes it works, sometimes it doesn't, but either way its worth a shot.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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I've got a feeling that once we've passed the debt on to moorcroft then there isn't anything our debt recovery dept will do other than advise you to settle the debt with moorcroft.

 

The issue is, for it to have got to this stage then we would have sent out a fair few letters to the customer advising them of the debt and giving them ample opportunity to settle it with us.

 

By all means call the number on the letter we've sent you for our debt recovery dept (unfortunately i don't have it to hand but I'll post it here tomorrow for you, all i can say is that they're only open from 9-5 Monday to Friday) but i still think your best bet is to just clear what you owe with moorcroft.

 

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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NEVER DISCUSS SETTLING A DEBT ON THE PHONE, ALWAYS PLACE IT IN WRITING.

 

That way you have a written record, and copies should it be needed.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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With respect, we're talking about £34 owed probably as the result of a missed payment or cancellation charge, we're not talking about defaulting on a loan or mortgage or something serious.

Something this simple can be sorted out in one phone call rather than mess around sending in letters, requesting copies of documents etc etc.

Once the payment is made over the phone, we'll send out a letter for your records confirming the balance is cleared.

Besides, by the time you've paid to send off letters recorded delivery, it'll probably cost you almost as much as the debt anyway.

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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Darkangelsdelite,

 

With all respect to yourself, I've never mentioned anything about requesting documents etc etc. Instead I have merely gave advice, like what the OP requested.

 

£33,80 may not be alot of money to me or you, but to the OP it could be a weeks benefit, we don't know the full circumstances, and until the OP wishes to disclose that information, we'll never know the reasons.

 

Instead of phoning them, and speaking to some monkey in a collections department, running from a script, placing the offer of payment in writing, or sending a cheque/Postal Order for the amount is easier than having to listen to all sort of threats that collection departments come up with, since an employee in an internal collections department is no different to that of an external debt collections company, (I prefer not to call them an agency as it implies authorisation to act for other, and in some cases this isn't always the case.)

 

marjie06

 

You do what you feel best, but the advice of many others on these forums is never to phone and dicuss a debt, always do it in writing.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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