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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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      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.

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Mortgage Interest Support, MI12 and JSA3


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blurredFX , thanks for your reply , I am still looking into this , plus I have another concern , if you enter an agreement with lenders and payments are set from the interest rate (prescribed term) the interest rate is lowered before the first payment (resulting in lower payments) but payments are set at first interest rate , would this also be misrepresentation , I believe so , but all thoughts welcome ,

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Andydd , you sign an agreement on monday , interest rate 8.3% , repayments £260 per month , first repayment 4 weeks from date of start of agreement ,

 

On the friday / 4 days after agreement is signed interest rate is dropped to 8.0%

 

no notification ,so the repayments are set @ 8.3% and continue like this for 12 months then jump above the original contractual interest rate , the interest rate has increased 15 times , not once notified ,

 

interest rate reached 12.9% , and yes you guessed never notified , my monthly repayment never altered once and continued to be £260 ,

 

£260 was set at 8.3% , 12.9 = £370 , I was not given a option to increase my monthly repayments as I was not notified , the extra amount that 12.9% would equal was added to the outstanding balance and subject to interest ,

 

so in reality , this is breach of contract , as the agreement was for 300 months , to conceal interest increases and to add the extra amount needed to cover the monthly repayments to balance is wrong and stops the contract performance , as can not end after 30 months / debt not discharged

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Still dont follow this, are we talking about a fixed rate or a variable rate loan/mortage ?

 

I myself have 2 mortgages, one is fixed rate of 5.2% and for a fixed period, so the amount i pay will be the same, the other is a tracker (its BoE base rate +2%), currently its 2.5%, I have a standing order set up top pay this, if the BoE rate changes though, so will the amount I pay, I dont think my lender will write to me everytime it changes, I dont think they are obliged to either, its upto me to make sure I pay the correct amount.

 

Andy

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I do not agree with your thoughts Andydd , if the interest rate is increased your lender has a duty to inform you 30 day before any changes take effect ,

 

so they can just increase the interest rate ?, which increases your monthly repayments , you are not notified and the extra costs per month are concealed and added to balance ,

 

its not hard to follow Andy , and easy to see this is not right

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The cut in interest payments was discussed on Radio 4's MoneyBox today. Apparently only a minority of recipients are unemployed with most being either disabled or on Pension Credit. Shelter have asked that the government pay according to actual rates rather than the same percentage for everyone. No-one from the government would speak to the programme.

 

I had my letter last week to say my payments were being reduced. Just one week's notice and with no explanation given for the reduction. It must be very confusing for many claimants.

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