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.
  • 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

SMI Mortgage Interest 50% Cut !


andydd
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4432 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

I was shocked to recieve a letter from DWP this morning telling me the amount they pay to cover my mortgage interest is to be cut by almost 50% at the end of this month, I tried phoning but couldnt get through.

 

However a quick google gave me my answer

 

Mortgage interest support

 

The current system of mortgage interest support means that 92% of customers get more help than they actually need. To ensure that Support for Mortgage Interest (SMI) is better targeted we will reduce the rate from 1 October 2010 from 6.08% to the Bank of England average (currently 3.67%).

 

Which was hidden half way down the page on http://www.dwp.gov.uk/newsroom/top-stories/

 

There was no explantion on the letters from DWP, you would of thought such a major change which is effectively going to cut the amount that millions receive would of been better communicated, when I spoke to my mortgage company, even they were unaware !..and it is going to effectively hit them hard as they will have millions of customers who now won't even be able to afford the interest payments on their mortgage let alone the capital payments.

 

As discussed elsewhere in this forum, the reality is that there are not many people who actually do have a interest rate as low as 3.67 %, I am still stuck on a fixed rate of 5.2% but at least only untill the end of the year.

 

I'm surprised that this isn't a bigger news story, there must be many people who are just holding onto their homes and this will push them over the edge.

 

Yes, its true that there are people who get 'overpayments' in the current system but the new system will no doubt mean 'under payments' for many (why don't they print a percentage of that ?).

 

Andy

Link to post
Share on other sites

Well..Looks like the BBC are interested, i am really shocked that this doesnt appear to have (so far) been picked up by the media, I was unaware that there was any change coming, I only found out yesterday that it is to take effect in 13 days time !. How can I prepare for that ?. For many it will be the biggest benefit change ever. (This is on top of the DWP already screwing up my payments , they havn't been paying anything, many phone calls later, hopefully it is now resolved)

 

We all know that the B of E base rate is the lowest ever but loans and credit have never been more difficult to obtain this means that in reality the actual rate people will be paying will be far in excess of the 3.63%, I know mine is and I have a relatively long/good relationship with my mortgage company, but there must be many people who are paying 5,6,7,8,9% or higher, they will be totally screwed come their next mortgage payment date, this is of course assuming that their mortgage company has already allowed them an interest-only period.

 

The government claim that this is to 'better target' the resources but I can't understand that at all, by 'better' they mean 'less'.

 

Andy

Edited by andydd
Link to post
Share on other sites

Just found this discussion document. www.dwp.gov.uk/docs/support-for-mortgage-interest.pdf

It has lots of facts and figures (compliled by the government), it shows that 72% on SMI are NOT on a low tracker mortgage, it alos goes on to point out that at least 50% of people will now be worse off !

Andy

Link to post
Share on other sites

Will this make a difference to people who are on an Interest only mortgage too?

 

Yes..If you get help from DWP under the SMI scheme, they only help towards the interest part anyway so its irrelevant if its interest-only or repayment.

 

Andy

Link to post
Share on other sites

Another good article here http://www.talktalk.co.uk/money/guardian/news/2010/09/5/disabled-homeowners-fear-repossession-as-mortgage-interest-payments-cut.html.

 

I think that many people were unaware of the implications of this cut untill yesterday when letters from DWP/Job Center started arriving through their door.

 

Andy

  • Confused 1
Link to post
Share on other sites

Hi, I am disabled father of two and husband who cares for my ill wife,I recieve DLA mobility and the lower care componant and ESA. I used to work two jobs and run a successfull business. I bought a house which is modest and was well within our means and unfortunately, due to bad luck have came out of work due to a back injury and my wife has also suffered a serious illness. I have been claiming SMI interest for just over a year. My mortgage rate is fixed at 6.29% untill july 2013. My interest payments are £950 per month which is similar to equivilant rents in the area. I was recieving £750 per month towards this and struggled to top up the other 200 per month. My new SMI payments are £104 per week(£450 per month)!!! ( i now will have to find £500 per month xtra)If I were renting paying the same amount £950 per month I would be getting an extra £800 per month in benefits!!!!! This is crazy...I thought this country wants to save money!!!!

 

My payments are relatively modest compared to yours but it is still a worrying situation, if you look at my Talktalk link above, it is specifically about disabled homeowners and the problesm they face.,

 

I was interviewed by BBC News yesterday and my main point was that they have only given us 2 weeks notice of this sudden cut and where do they expect us to find the extra cash from ?.

 

If you read my DWP link above somewhere it has lots of statitics that show that only 28% of people are actually on a low tracker mortgage of around 2%, the rest are on far higher rates, the governemt point out that at present 92% of people receive more than the interest BUT under the new system only 50% will get all their interest paid, the rest will have to (try) and make up the shortfall, many will find this impossible, the government then seems to shift the burden on to the individual lenders (mine, was unaware of any changes).

 

Anyway, the BBC report should be on Breakfast News on Monday, the reporter (Samantha Washington) said that she will be contacting the lenders to add their comments.

 

Andy

Link to post
Share on other sites

You could phone up the Joc Center BDC and enquire as to whats going on, the person answering the phone wont know but should be able to get someone to give you a call back.

 

My letter was dated 13th and arrived Thursday (16th)

 

Andy

Link to post
Share on other sites

Not sure what to add except that these new rules will clearly effect many people (official figures show that in reality only 28% of people are on a genuinelly low mortage of 2.1%, the rest are on higher tracker or fixed rate ones.

 

The government is well aware that this will affect people more but they want to shift the burden onto lenders, many of whom are already being very flexible, BUT these new rules do imply that lenders should be even more flexible and to quote the official report show 'foreberance'.

 

Anyone in trouble should contact their lender and point this out, the DWP report I posted early on has lots of useful info. and statistics.

 

Andy

Link to post
Share on other sites

  • 2 weeks later...

My lender was unaware of any change when I spoke to them. Not sure if my lovely (!) TV appeareance achieved anything as this still seems to have been ignored by most media, perhaps when there is a sudden increase in repossessions then people will begin to take notice.

 

The facts (from the governments own report) are that 50% of people will now be in danger of not even being able to meet the minumum of interest only payments, this is assuming your lender will accept interest-only payments, many that will (like mine) will only accept it for a limited period.

 

Andy

Link to post
Share on other sites

  • 5 months later...
Does anyone know how the amounts of SMI are worked out please? i.e the actual mathematical formula they use??

 

e.g. (£yyyyyy x zz%) / 52 = £x weekly amount

 

because I've had SO MANY instances lately where people have got their basic maths wrong I getting a 'thing' where i feel the need to check everything

 

if not can you request the calculations used from the DWP because whilst they (sometimes) send you a letter telling you the amount it's never broken down

 

Good point, you may get more sense from your mortgage company than the DWP, although if you write to the DWP you may get a response telling you how it's calculated.

 

Andy

Link to post
Share on other sites

  • 11 months later...
Hi all it would be interesting to find out how much affect this cut has had to guys on this site

in my own circumstances it has left me with severe arrears on my mortgage and with the payments to stop within 2 years what does people do then mortgage companies will only work so much with you and of course halifax rates has just risen so what now

 

Howdee.. At the time I was interviewed my mortgage was 5.8% or something, a fixed rate, luckily it was just coming to the end of that and went onto the standard BoE +2% rate so that wasnt too bad, shortly got a job after, although its due to end this summer.

 

Andy

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...