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


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    • 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.
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    • 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.
    • NewsBot
      How well does YOUR bank protect you from mobile and online fraud?

      By NewsBot · Posted

      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
    • aesmith
      my Leasehold/Freehold property and it's issues.

      By aesmith · Posted

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

      BankFodder posted a post in a topic,

      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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      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.

Made redundant while off sick

M64

By M64
in Employment and minimum wage problems

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M64

M64

Posted
Posted (edited)

Hi I have been with my firm for nearly 5 years. We have just gone through the redundancy procedure and i was not on the list. I was told that i would be safe - i work for the owner in administation. I had an operation on my face and was due to be off for 2 weeks recovery but due to complications i was signed for another 2 weeks. Before going off for the operation i was told i would be paid for my time off; i have letters from my surgeon/consultant and certificates from my doctor. I was phoned today to say i have now been put in a poole of redundancies and they don't know if they will be paying me for my sickness..... can they do this?

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M64

M64

Posted
  • Author
Posted (edited)

Hi I have been with my firm for nearly 5 years. We have just gone through the redundancy procedure and i was not on the list. I was told that i would be safe - i work for the owner. I am in administration. I had an operation and was due to be off for 2 weeks recovering but due to complications i was signed for another 2 weeks. Before going off for the operation i was told i would be paid for my sickness; i have letters from my surgeon/consultant and certificates from my doctor. I was phoned today to say i have now been put in a poole of redundancies and they don't know if they will be paying me for my sickness..... can they do this? Can they say they will pay me then say they will not, i have it in writing by email that they will?

Edited by M64
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Mr lex

Mr lex

Posted
Posted

Hi M64,

 

Welcome to the Consumer Action Group :)

 

I've moved your thread to the 'Employment' forum, you'll get more help here.

 

Lex

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Sidewinder

Sidewinder

Posted
Posted

If you have an agreement for sick pay to be paid then you may force the issue as a potential breach of contract. A written grievance would be the appropriate starting point if they go back on their word, with a Letter Before Action if the situation progresses.

 

With regard to the redundancy situation, whilst sickness is no barrier to being made redundant, you are entitled to the same consideration and consultation as others would be. You therefore need to receive written information as to what is happening and why, what the implications might be, and you must have the opportunity to ask questions and explore any alternatives to redundancy. If you are not physically capable, then you should be given the opportunity to use a representative to attend meetings on your behalf, or there may already be an arrangement where a colleague has been elected to attend and report to those at risk. If that is the case, then you need to make sure that you have access to that person by phone or e mail so that your views are included and that you are included in any discussion about what was discussed at any consultation meeting. Failure to consult might constitute Unfair Dismissal if you are made redundant.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Sidewinder

Sidewinder

Posted
Posted

Whoops - there appear to be two identical threads. Have added my two penn'orth to your other post.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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  • 1 month later...
M64

M64

Posted
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thank you for the advice. I was offered alternative empoyment. I took a part time job, the only job on offer on reception. I have gone back to work in my new role. I no longer work for the same person. However i returned to work with numerous tasks from my old manager. I emailed him and his wife (who doesn't work for the company) to say i no longer deal with his work and pointed them in the direction of the person who is doing his work now. I have continued to get work requests and have reffered this to the HR manager who confirmed he had spoken to my old boss but stated that he needed me to email my old boss, by way of reminder, that i no longer work for him!!!!!!! I am gob smacked, angry and very upset. I have all the emails relating to this and want to know waht i should do now. I am grateful for the new job offer but cannot do both jobs especially as my boss made numerous statements in meetings to say he no longer has need for me. Any advice would be very welcome as i feel humiliated and very upset that i am being treated like this.

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