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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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    • 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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Not sure which thread to put this on.......so here goes:

 

BRILLIANT!!!!!

 

A SENIOR MOMENT - An elderly lady actually wrote this letter to her

bank. The bank manager thought it amusing enough to have it published

in The Times and this newspaper thanks him most sincerely.

 

 

Dear Sir,

 

I am writing to thank you for bouncing my cheque with which I

endeavoured to pay my plumber last month. By my calculations, three

'nanoseconds' must have elapsed between his presenting the cheque and

the arrival in my account of the funds needed to honour it. I refer, of

course, to the automatic monthly deposit of my Pension, an arrangement

which, I admit, has been in place for only thirty eight years. You are

to be commended for seizing that brief window of opportunity, and also

for debiting my account £30 by way of penalty for the inconvenience

caused to your bank.

 

My thankfulness springs from the manner in which this incident has

caused me to rethink my errant financial ways.

 

I noticed that whereas I personally attend to your telephone calls and

letters, when I try to contact you, I am confronted by the impersonal,

overcharging, re-recorded, faceless entity which your bank has become.

From now on, I, like you, choose only to deal with a flesh-and-blood

person. My mortgage and loan payments will therefore and hereafter no

longer be automatic, but will arrive at your bank by cheque, addressed

personally and confidentially to an employee at your bank whom you must

nominate.

 

Be aware that it is an offence under the Postal Act for any other

person to open such an envelope.

 

Please find attached an Application Contact Status which I require

your chosen employee to complete. I am sorry it runs to eight pages,

but in order that I know as much about him or her as your bank knows

about me, there is no alternative. Please note that all copies of his

or her medical history must be countersigned by a Solicitor, and the

mandatory details of his/her financial situation (income, debts, assets

and liabilities) must be accompanied by documented proof.

 

In due course, I will issue your employee with a PIN number which

he/she must quote in dealings with me. I regret that it cannot be

shorter than 28 digits but, again, I have modelled it on the number of

button presses required of me to access my account balance on your

phone bank service.

 

A s they say, imitation is the sincerest form of flattery.

 

Let me level the playing field even further. When you call me, press

buttons as follows:

 

1-- To make an appointment to see me.

 

2-- To query a missing payment.

 

3-- To transfer the call to my living room in case I am there.

 

4-- To transfer the call to my bedroom in case I am sleeping.

 

5-- To transfer the call to my toilet in case I am attending to nature.

 

6-- To transfer the call to my mobile phone if I am not at home.

 

7-- To leave a message on my computer (a password to access my computer

is required. A password will be communicated to you at a later date to

the Authorised Contact.)

 

8-- To return to the main menu and to listen to options 1 through 8

 

9-- To make a general complaint or inquiry, the contact will then be

put on hold, pending the attention of my automated answering service.

While this may, on occasion, involve a lengthy wait, uplifting music

will play for the duration of the call.

 

Regrettably, but again following your example, I must also levy an

Establishment fee to cover the setting up of this new arrangement. May

I wish you a happy, if ever so slightly less prosperous, New Year.

 

Your Humble Client

 

 

 

Addendum from The Editor:

 

 

 

IMPORTANT to REMEMBER that this letter was written by a 98 year old

woman.

 

 

DOESN'T SHE MAKE YOU PROUD!!!

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Brilliant. I know just the people to show this to. :D

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Stand back Bookies gonna blow!!!!!!

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Its an old one-it was here in 2006.

Bookie has been sleeping;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Lol I bet Bookie will be so pleased to see this one raised again, this poor 96 yr old woman has been haunting this forum for quite some time...although I have to admit it makes me laugh every time!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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If she was 98 years old when she wrote this-then she must have had a couple of birthday cards off Madge by now...:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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No there was the recent story on TV about the woman who complained about getting the same card every year after turning 100.

Prince William sorted it out and she got a different one last year.

Anyone else see it ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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yes it was so good, I am not a royalist, I really dont care about the Royal family one way or the other. I dont see why I should respect them just because they have been born! But when Prince William was despatched in person to see the old lady and to apologise I thought that was fantastic. There sat this old lady with her batch of identical cards, all with the Queen in yellow. This year she got one with the Queen in green!

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