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    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • 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
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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Is ATOS medicla requried if on Pension credit?


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I was on ESA and have now switched across to Pension credit, however prior to this I received a "Limited capability for work" questionaire which I have not completed as yet. They require it back by 8th July 2010.

Due to my existing and escalating medical condition it is unlikely I will be judged fit for work, but if on Pension credit are you still required to complete the form for the ATOS medical?

I would like to avoid the hassle and stress if possible.

 

Right I hope that I can help you with this one as I looked into it as an option I could take.

Pension Credit is basically a means tested benefit. For a single person a payment of £132.60pw is made and for a couple, £202.40. If all of your income is less, Pension Credit will top it up. There are other additions such as mortgage interest payments, payments if you have savings and disability premiums.

Now if you are claiming ESA, Pension Credit will take that into account when calculating your total weekly income. However if you stop claiming ESA, whatever you lose by way of payment for that benefit, Pension Credit will increase their payment by the same amount.

So in other words, you can never be any better off or indeed worse off.

What it does mean that you have no need to continue sending in sick notes, attend medicals or fill in the ESA50. Whatever you receive from ESA it will be taken off the Pension Credit payment. One thing in favour in claiming Pension Credit is that the amount is fixed for a period of time, and if your income does go up it will not affect the weekly payment until the review date - maybe in 6 months!

 

It is a personal choice if you want to claim ESA however (it may sound daft given my comments above!), as there are or maybe other options open to you depending on your particular circumstances.

 

Example: I receive £5.25 Pension Credit pw & £65.45 ESA pw whilst waiting for the Tribunal hearing as I failed the medical. If I stopped the ESA, my Pension Credit payment would go up to £70.70 pw.

 

The reason I am claiming ESA is because of the other conditional add on's that are not available with Pension Credit but are with ESA.

 

Hope that makes sense - it's really a personal thing and you have to weigh up all of your other options that might be of use to you now and in the future.

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Andyandflo I chose the pension credit route as it is quiet stressful remembering to get sick notes every month plus the hassle of the ESA which I doubt if I will pass but knowing ATOS will fail. The disabilities lady at the Jobcentreplus recomended that ti may be the best option for me as one week I can work a whole week and the next week only one or two days or even none. Last year I maanged to hang onto a job for three months but eventually they had to let me go due to having to take days off for medicals, specialist appointments and being off ill.

To be fair to any employer, who would want to employ someone that has to have days off constantly and special arrangements have to be made to accommodate their disabilities.

Ideally I would like a self employed part time as and when job where I could work from home with occasionally visits to the workplace to update. At least that way the brain is kept active and may be able to earn a few bob to boot and it just get deducted at the review.

 

Hi, yes I know where you are coming from. I went off sick in March 2009 and resigned in December 2009. I was honest with my employer in that building up to March 09, I was in and out of work for at least a week every month. I could not see a time when I would be able to go back full time so we parted company. Prior to resigning, I claimed ESA in Oct 09, failed the medical in Mar 10 and now waiting for the appeal hearing. Of course it would be a lot less stressful if I cancelled the ESA claim, but like you I am hoping to do some self employed work if and when.

Where it helps me is that the disregard for Pension Credit is £10pw - earn anything over that it is reduced £ for £. By staying on ESA, and under the 'Permitted Work' rules, the disregard is a lot better.

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