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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • 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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    • 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.

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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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POWER TO CONTACT chasing for CSL


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Harassed senior, I didn't think you were going to add any more to the subject?! :confused::D

 

The thing is, if you are unemployed and there is a vacancy for a job that you are capable of doing, then I guess the option to pick and choose doesn't apply, especially in the current climate.

 

I suspect that there are lots of opportunities at the moment for this occupation.

 

I think the person knocking the door is getting the blame here for the sheer incompetence of the CCC's for not getting there act together in the first place and are now suffering the inevitable consequences!

 

It is the banks that are instigating the door step calls in the first place, so the blame should lie with THEM. IMO.

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Definition of something or someone who lives of another persons misfortune, a leech ........ a parasite

 

ignoring your total rudeness towards me , which as i see it is unnecessary and uncalled for

 

i suppose you might have a point if the debtor world was entirely populated by cant pay debtors whose arms were twisted up their backs by unscrupulous lenders who forced them to live beyond their means,

 

the reality being rather different, one would hope that on some occassion you were not in need of assistance to recover money or property that some person had borrowed from you with no intention of returning it

 

that you seem to think that wont pays don't exist or are not at least equal in numbers to those who are in the former category is indicative of someone who needs to get out a bit more and see the real world

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There are good and bad and occasional downright awful in all walks of life, and I guess if you are happy doing your job then you have to admit that if it is a job that many others would not have the conscience to do, in that they could not sleep at night, you have a different 'take' on life in general.

 

Life differs for everyone and what one sees as a pleasant job, others have not got the 'stomach' for it.

 

What I am trying to say is not that these jobs must not be done, but think about what you are asked to do and in what circumstances, and if you would not be happy doing it, or having these things done to a member of your family, then perhaps you are being asked to go a step too far.

 

People who get actual pleasure in the debt collection business should have a smattering of conscience, and education, and have a brain they can use, and not just be rude, arrogant, aggresive people who cannot string two words together that don't make a threat. In other words they should have MINDS and not be led by scripts.

 

i happen to beleive in the rule of law

 

if anyone who thinks debt collectors and bailiffs are not essential- perhaps they could come up with an alternative system of forcing people who WONT pay to do so

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i happen to beleive in the rule of law
I did. Once.

 

But the banks, DCAs and our Politicians are now mostly operating above the Laws they expect the rest of us to abide by, so I no longer do so.

 

The system is broken. All we are now doing is trying to make the best of a rotten system.

 

This absurd Debt based economy is the real culprit, without that, we would not need such bloated banks and financial groups, nor their obsession with our Data, nor their armies of mindless DCAs to chase people around who inevitably fall by the wayside when there is never enough money in circulation to repay the Debts they engineer. They depend upon ever escalating Debt for the whole sorry show to rumble on.

 

Billions of Debt Checks and armies of DCAs have achieved the square root of F-all in trying to prevent a bank inflicted recession.

 

It's a self-licking lollipop that tastes like poop.

 

Cheers,

BRW

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when i was a copper i had no compunction in sticking on a motorist who had not tax and insurance whilst i had to subsidise his motoring from my own tax and insurance

 

as a bailiff i had no qualms about clamping and removing cars from repeat offenders who had run up scores of fines and penalties and were sticking two fingers up to everyone else

 

as a cagger i have no qualms about holding creditors to the strict letter of the law of their agreements- just as they would do to me

 

however i do not see the need to regard the opposition as ****, parasites or insult them in order to do so

 

believe i t or not, when a copper is getting his head punched by a leary drunk on a saturday night or freezing his bollocks off wading into cold water to rescue someone who has fallen in- it aint nice knowing that the very same people he is trying to protect then go around calling him a "pig" and "filth"

 

the very same people are usually the first to moan when they need help!

 

i just find it sad that people cannot see the other point of view without resorting to insults

 

in the case of caggers it is also IMO very foolish to underestimate the intelligence of the people you are dealing with

 

there you go- my four penneth

 

these very same cretins who think that they can just

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