Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Help understanding interest please :(


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5388 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

thanks again for your help pulu,

 

do you know where i stand with them not applying the 150 pound payments to my account straight away but instead putting them towards making 53.72 payments?

 

obviously if i pay 150 then it should be taken of the account straight away right, which would affect the year rate of interest and bring the interest down as im making larger payments than the set 53.72?

 

or is that totally wrong and they are in the right using the 1247 i paid to make payments of 53.72?

 

please any advice really would be appreciated because im going to call them shortly and it would be nice to know if im in the right or wrong?

 

thanks so much

 

Mark

Link to post
Share on other sites

i have attached my agreement earlier, can you see anything in the agreement?

 

they do no have the original terms and conditions that go with the agreement so are not able to provide them?

 

all they have is the credit agreement itself and a list of all the payments i had made, they have also said previously when i was kicking up a fuss that im allowed to make larger payments to pay it off faster...

 

so where do i stand in that situation?

 

Thanks again.

Link to post
Share on other sites

did you know how much the total interest would of gone down by i mean?

 

if im understanding your maths right then i need to take the deferred sum of 1583.69, and for each month i made a payment of 150, take it from that sum then apply the nominal interest rate you calculated for the left over balance of that month, and keep doing that up to my last payment i made in july?

 

and that will give me how really was left to pay by the end of july 2008?

 

have i worked that out right?

Link to post
Share on other sites

so what does making a larger payment do?

 

i didnt mean alter the interest, i meant it would alter the total amount of interest payble in the long because they calculate the interest on assumptions ill owe certian amounts through out right?

 

so if after i owed 1583.69 at the end of the deferred peroid which they apply a nominal rate to each month minus 53.72 then if i paid 150 instead, it would be nominal rate minus 150... which in turns affects the total amount of interest i'd pay in the long run?

 

does that make any more sense pulu31?

 

i guess im basically asking, if i made larger payments each month should the total interest payable be less then the qouted 1331.56?

Link to post
Share on other sites

Please, please, when I was a lecturer of Mathematics I always told my students that "Half the solution to a problem is to state it correctly".

 

Now can I ask you to, instead of typing your question into the 'Post Reply' box, take pen to paper and formulate your question. Then pass it to your wife, partner, friend etc., and ask them to read it. If they start to ask questions then, it is not stated correctly.

Once your question is formulated and precise then that is the time to post it.

 

Paying a larger sum reduces the current principal. Because the principal has been reduced, the total interest payable will/should also be reduced (but not the rate).

 

However, are repayments and interest calculated on a monthly basis, or an annual basis? Because there will be a difference in the overall interest paid between the two structures.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

sorry if i havent been clear enough with you, i am at work so get very limited time to post on here, but tomorrow i will go the figures as best i can using your formulate (please remember maths isnt my strong subject)...

 

The person on the phone yesterday told me it is worked out on a monthly basis, but i will call them again after work and confirm.

 

thanks,

 

mark

Link to post
Share on other sites

This is my last post regarding this matter.

I cannot answer questions that only the lender can.

 

The following illustrates the difference between two accounts. One with interest added annually and the other monthly. I have only used the example as an investment (savings) account. To include repayments, such as a loan account, would be too difficult for you to understand.

 

Fact:

Interest calculated annually:

 

i) P(1 + r)^n

 

Where:

P is the principal

r the Nominal Rate of Interest

n the term (years)

q the time interval of payment of interest

 

Interest calculated monthly:

 

ii) P(1 +r/q)^nq

 

So that an investment of say 1247 over 4 years with a NIR of 26.36% pa would result in:

i) interest paid annually

 

1247(1 + 0.2636)^4 = 3179.10

 

ii) interest paid monthly

 

1247(1 + 0.2636/12)^48 = 3538.58

 

Can you now see why it is important to know whether the interest is paid/charged annually or monthly?

Edited by pulu31

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

This is my last post regarding this matter.

I cannot answer questions that only the lender can.

 

The following illustrates the difference between two accounts. One with interest added annually and the other monthly. I have only used the example as an investment (savings) account. To include repayments, such as a loan account, would be too difficult for you to understand.

 

Fact:

Interest calculated annually:

 

i) P(1 + r)^n

 

Where:

P is the principal

r the Nominal Rate of Interest

n the term (years)

q the time interval of payment of interest

 

Interest calculated monthly:

 

ii) P(1 +r/q)^nq

 

So that an investment of say 1247 over 4 years with a NIR of 26.36% pa would result in:

i) interest paid annually

 

1247(1 + 0.2636)^4 = 3179.10

 

ii) interest paid monthly

 

1247(1 + 0.2636/12)^48 = 3538.58

 

Can you now see why it is important to know whether the interest is paid/charged annually or monthly?

 

Hi Pulu,

 

i know you said that was your last post but im hoping you can enlightening me a bit more just one more time, or someone else hopefully.

 

i just had a long chat with them on the phone. They said the interest is calculated from the beginning and they only way to pay a reduced rate of interest is to request a settlement figure.

 

They said even if at the end of the advance date i only had 100 left to pay on the price of the goods they would still add 1331.56 interest as the interest is calculated out right and never goes downs even if you make larger payments.

 

I have requested a break down of the interest on a month by month basis and my original terms again, and not my agreement which sould shed some light on if i can or cant make larger payments.

 

My question itself isnt maths related.

 

Basically they said i can make larger payments to pay it of earlier but it wouldnt bring the interest down even if i paid it a two years early unless i requested the settlement figure and paid in one go.

 

But to me that just doesn't sound right as the interest is calculated on the price on the goods and the idea i'd be paying it of over 48 months (plus 12 months advance). So if i paid it of two years early i should surely have to only pay 2 years worth of interest plus the advance?

Link to post
Share on other sites

Hi Pulu,

 

i know you said that was your last post but im hoping you can enlightening me a bit more just one more time, or someone else hopefully.

 

i just had a long chat with them on the phone. They said the interest is calculated from the beginning and they only way to pay a reduced rate (amount not rate)of interest is to request a settlement figure.This is correct.

 

They said even if at the end of the advance date i only had 100 left to pay on the price of the goods they would still add 1331.56 interest as the interest is calculated out right and never goes downs even if you make larger payments.Not necessarily correct depends how they apply the payments.

 

I have requested a break down of the interest on a month by month basis and my original terms again, and not my agreement which sould shed some light on if i can or cant make larger payments.This would have been included in the Subject Access Request that I advised you to send off for in post 18. You also need to request transcripts/recordings of any telephone conversations as well as account details.With a SAR they have to supply everything they have on you.

My question itself isnt maths related.

 

Basically they said i can make larger payments to pay it of earlier but it wouldnt bring the interest down even if i paid it a two years early unless i requested the settlement figure and paid in one go.True

 

But to me that just doesn't sound right as the interest is calculated on the price on the goods and the idea i'd be paying it of over 48 months (plus 12 months advance). So if i paid it of two years early i should surely have to only pay 2 years worth of interest plus the advance?

 

I've had another look at this and think you still owe part of the original advance as interest would and should have been deducted from the payments you made.

 

I don't have time at the minute but I will have a go at working out some figures for you later.

 

 

enamae

Please note: I have no qualifications in this area and any advice offered is given in good faith.

 

 

http://www.financial-ombudsman.org.uk/publications/Ombudsman-news/40/40_setoff.htm

Link to post
Share on other sites

I ran the loan through the OFT's program Dualcalc:

DualCalc - Dual APR and Rebate Calculator

 

Version 1.02a © Crown Copyright 2005-06

Office of Fair Trading

by Brian Stewart

 

Calculation Log File

 

Complex APR Calculation

 

Logged: Tue.21 Jul 2009,21:06:30

 

Loan Details:

Loan Amount = £1647.00(time = Zero)

Initial Sum = £400.00

 

(time = Zero) Days in a Year = 365.25

Periods in a Year = Months

Relevant Date = Zero

 

Advance/Repayment Details:

 

Levels = 2

Level 1 = £Zero Length = 12 (times 1 to 12)

Level 2 = £53.72 Length = 48 (times 13 to 60)

 

APR Results:

 

Loan Totals ...

Total Amount Advanced = £1647.00

Total Amount Payable = £2978.56 (TAP)

Total Charge for Credit = £1331.56 (TCC)

 

Rate Results ...

Period Rate = 2.12834339162%

Nominal Annual Rate = 25.5401206995%

Effective Annual Rate = 28.7524340501%

Annual Percentage Rate = 28.8 (APR)

 

The loan document says 29.8% which is incorrect but within the tolerance allowed by schedule 7 of the Consumer Contracts (Agreements) Regulations 1983.

 

You cannot calculate APR using a simple formula as the equation for it is very complicated. It has to be calculated using a computer program like Dualcalc. The APR is like an average rate over the whole loan. THe calculation I did was for an initial payment (deposit) of £400 followed by 12 payments of £0 and then 48 payments of £53.72

Edited by steven4064

 

 

Link to post
Share on other sites

Thank you for your post.

Substituting your given figure in the formula I gave in post #23, we have:

 

r = (1 + R)^1/12 - 1

 

= ( 1.28754340501) ^0.08333333333 - 1

= 0.021283434

That's the monthy Nominal Rate.

 

Annual NIR = 0.021283434 x 12 = 0.255401208..........

 

i.e. 25.54%

Confirming your computer calculation.

 

The APR provided in the early posts of this thread were possibly incorrectly illustrated.

 

Regards,

Dr. B

Edited by pulu31

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

thanks for replying steven and pulu31, its good to know the interest is correct and im not being taken advantage of, your help is very much appreciated.

 

Does anyone know if the interest should have changed by me making larger payments for the first 6 months?

 

Does anyone know what i do if they cant ever provide me with my matching terms and conditions that go with that agreemnt?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...