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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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      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.  

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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.
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      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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if you used a credit card to make a payment it would be covered under an existing limit (agreement) else it would bounce

 

a debit card is no different to cash or a cheque and is a payment from your bank account and again would not be classed as "further borrowing"

Debit card no but credit card is a yes.

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Hi,

I was in discussion with the OFT about this very issue about 3 years ago but they never gave their final answer as they were quite busy. I may write to them again to get a response.

If you had a debt of say £500 and paid it on a credit card, it will be significantly higher than £500. This is because you pay interest on the credit card which is also usually much higher than if the original debt was a loan. If the original debt had no interest (i.e. was a utility bill) you will now pay interest if paying by credit card.

Also if you only ever pay the minimum amount on your card it compounds the amount you pay and can be quite shocking.

I don't have the email anymore but the OFT said basically because a card is issued under the consumer credit act it is considered borrowing.

Actually I will write again, this has spurred me on to do it.

 

EDIT:Remember a card is not fixed term credit either.

Edited by NitrousOxide
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If you owe nothing on your Credit Card and you use £ 500 of your credit limit that is FURTHER borrowing. At least it was when I went to school.

 

Before you borrowed the money from your credit card you didnt owe anything on your credit card. By using the £ 500 you have in fact borrowed more money. You now owe it to a Credit Card company instead of the DCA. Its no different from going to a friend/parent/lover and asking for the loan of £ 500 to pay off a DCA who is sending threatomatics to you.

Plus interest on top.

 

and if you paid it back out of your bank account (becuase you used the card for convenience) before the interest is charged then that is called managing your money!

 

i have learned on this forum that there is a time , having made your point to shut up otherwise a discussion turns into an argument

 

that time has come for me on this thread

It's apples and pears really.

You are correct when reffering to debit cards as it's usually your money from your own bank account (not including overdrafts).

However it is generally accepted that using a credit card is further borrowing.

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Letters like,

"You have 7 days to pay or (insert threat here). Please phone 0890 xxxx and pay by either debit or credit card".

That's a threat. A threat of legal action.

Using a credit card is borrowing. Pay a £500 debt off and the amount you pay back will be higher.

 

EDIT: Mind if I include this thread as part of the argument to the OFT? I will remove pointless posts and concentrate on the good arguments.

Edited by NitrousOxide
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