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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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    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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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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Channel 4 Dispatches to air debt collection exposé


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Kurt Obermaier, executive director of the Credit Services Association, confirmed that a CSA member had made the trade body aware of the situation. He said the company had the correct policies in place for collections but individual employees appeared to have deviated from them.

 

Having the correct policies in place is of no use whatever unless management ensure compliance. If Herr Obermaier's weasel words are supposed to be some sort of excuse for the CSA member failing to comply with its obligations, he's doing a particularly poor job. The company is still responsible for compliance, and should ensure it supervises its staff properly.

 

I wonder if English isn't his first language. In order to assist, then:

 

Sehr Geehrter Herr Obermaier

 

Ihre Entschuldigungen sind schwach. Lesen Sie bitte Ferguson v. British Gas Trading (2009), die alles klarstellen. Sie können das CSA herauf Ihr Band haften, ohne Vaseline.

 

Ihnen Unglück wünschen

 

Das Scharlachrot Pimpernel

Im auftrag der Verbraucher Aktions-Gruppe

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The shock of it, Kurt Obermaier & the CSA no doubt will exclude this DCA from its membership for bringing their trade into disrepute. Second thoughts, they won't do that will they? Of course not because if they did they would have to do it to all of their members that circumvent the law and various other bodies official guidelines, they'd have no members left.

 

 

When attempting to calculate the likelihood of the CSA censuring, let alone expelling, a miscreant member, remember this:

 

The Chairman of the CSA is the CEO of 1st Credit, a company who have done at least as much as any other to bring their industry into disrepute. He did not think that being responsible for major non-compliance was grounds to resign. I can't be bothered to check, but I should not be at all surprised to find that most, if not all, of the main DCAs are involved in running the CSA.

 

Asinus asinum fricat, as they say.

 

Our bombers are over Berlin, Herr Obermaier - you're a Dutchman.

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A Kilo of Semtex?

 

Do you mean to draw the regulator's attention to their ongoing flaccidity, or the use of HE to remove the cause of our complaints?

 

If the former, there is a risk of collateral damage leaving fewer regulators; I propose that some form of electrical cattle prod would be effective. If the latter, HE might do the job, but I suspect that an L115A3 would be far more satisfying.

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1st crud have had more than their fare share of expose

 

 

Indeed, but they also continue to be non-compliant, and that creature Nathoo remains as the Chairman of the debt-industry's bottom-sniffing club, the CSA.

 

1st Credit understand the situation perfectly; they are taking a calculated risk that the OFT, having eventually threatened them with serious action, will not have the testicular fortitude required to actually impose substantial financial sanctions or revoke their credit licence.

 

So far 1st Credit's strategy seems to be paying off.

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Marlin's MD has already been busy trying to defend his firm's behaviour. He thinks the programme might have an adverse effect on his drones:

 

Dunphy expressed concern over the welfare of staff and said the company is working with Dispatches to ensure none of them are put in danger by the programme. "It is a sensitive business and there are safety issues. We don’t want any of our people made vulnerable."

 

What sort of danger does Dunphy think might result from his company's bad practices being exposed. Will they be sent to patrol on foot in Helmand Province, something that is truly dangerous? Or does Dunphy imagine that someone may recognise a monkey in the pub and give him a good shoeing? I suspect the chances of either are remote, and that in fact Dunphy's nauseating words are designed to divert attention from the reality, which is that he has been caught red-handed. What a chopper.

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I do find it strange that they specialize in threatening people, yet they are concerned for their employees personal safety....simple solution morons - stop the threats ;)

 

Indeed. Be the hard man when you have the advantage or can hide, then pish your drawers and pretend to be the victim when you're nicked. Classic bully behaviour.

 

I think Mr Dunphy doesn't like playing Big Boy's Rules.

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In fact, I do not think that gratuitously insulting DCA staff is either appropriate or helpful, because it merely lowers us to their level. However, I have sometimes been guilty of amusing myself at the expense of DCA staff of low intelligence, and of using psychological skills against them.

 

The creatures I would really like to get to grips with are those at the top; the ones who run the companies, and pretend they don't know what goes on at the coal face. The Dunphys, Nathoos and Obermaiers of the industry have much to answer for. The drones are usually just that - the turnover of phone-monkeys is high, and most don't stay long.

 

I do not share the view that Cyclops and his gang will, in the little time left to them, side with the DCAs. They do not actually generate much money. Far from it - if you look deep enough into the ownership of many, you will see that the real money goes overseas. Remember that most of the debts they are chasing have already been written off against tax, a debit to the Exchequer. Sure, they employ people, but almost all the jobs are low grade, unskilled and commission based. Look how many jobs the banks have dumped - Za-Nu Labour didn't bat an eyelid.

 

My feeling is that people power will be the winning policy of the next election - no ID cards, less intrusive data gathering and so on. The debt industry would be a small sacrifice that would win votes, and few would miss them.

 

To the conspiracy theorists I offer this - just why are we in Afghanistan? Fighting the Taleban and stopping the flow of drugs to UK? Or is Broon keeping the military busy because he's worried that one day he'll wake up to the sound of Warriors clanking up Whitehall... :D

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Has nobody ever spoken to a decent/civil debt collector?

 

No. They are trained to bully and harass. There's no doubt that some revel in the effect they have. Remember that the reason bullies do what they do is that they are inadequate; if these creatures had anything about them they wouldn't be working in a callcentre in a commission-based job.

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One of the journalists involved with Dispatches has just been on the Andrew Marr programme - she said that DCAs were chasing people who had borrowed in better times and now couldn't afford to pay; Baroness Helena Kennedy QC commented that people were encouraged to borrow beyond their means.

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Tears down the phone DOES NOT work!!!

 

It makes them worse :mad:

 

Because they realise that they have the psychological advantage, and will seek to exploit it.

 

One of teh techniques they use is Transactional Analysis. Essentially, the theory is that we all have various 'ego states' - child, adult, parent. In general terms, we are most at ease when dealing with another person in the same state. It's more complex than that, but you can see what I mean. What the DCA tries to do is be a parent (dominant), and make you go into child state (submissive). Once you are aware of it, it's quite easy to counter.

 

Look at Spicebird's experience - made her cry, and then put her onto someone who 'helped'. In other words, angry parent made Spicebird go from frightened adult to upset child, then 'helpful' parent came along and got her to do something she didn't really want to do.

 

I often tell DCA monkeys not to interrupt, because it's rude - all I'm doing is asserting myself as a parent to their naughty child. They either comply, or they go all teenager and hang up. Works without fail.

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Who's to say there isn't a sleeper of two still within the DCA companies? It's the long game that usually wins in intelligence, as PIRA, for example, know to their cost.

 

The directors of these shabby outfits will be looking over their shoulders for a long time.

 

The other wake-up call, of course, is for the regulators; DCAs will bin monkeys who get caught, but big fines and making senior staff accountable are the only things they'll take notice of - and Ferguson v. British Gas Trading Ltd both made clear that managers are responsible for everything that goes on in their firms, and also makes clear that TS and OFT have a duty to enforce. Then there's the Solicitors Regulation Authority, who should be taking better care of their group consumer credit licence.

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There will always be people who are lucky enough not to be in circumstances that have put them in debt. They are irritating, but they post from ignorance or from a sense of smugness.

 

As to the DCAs, I agree that they are indulging in Labour-stylee damage limitation. Their excuses that it was rogue staff, or 'training issues' no longer holds water, however - Ferguson showed that those in charge of companies are responsible for everything that goes on within. What they are saying is effectively an admission that their management and compliance is so poor they don't know what's happening under their noses.

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...and on the Today programme, it is again reported that the Conservatives have said that they will bin the FSA and create a new body which will be founded on consumer protection.

 

Proof of the pudding etc., but it seems to me that this is another example of the way in which politicians have seen that things cannot continue as they are.

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