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    • It's the only way to proceed, he has to prove irrevocably that he gave me that information, and agreed to it, which he cannot do because it doesn't exist. Not only that, he sent me a trade sales invoice, other than that you're pretty spot on.
    • Sorry - need to put my glasses on!   I think you and the other posters have been at cross-purposes because they haven't followed what you are trying to argue.  You aren't arguing a fault etc with the car, you simply want to cancel it as a distance sale, and because the vendor did not provide the necessary cancellation information pre-contract in a durable medium, you are saying that you therefore have 12 months plus 14 days to cancel AND that the vendor has to pay the collection/recovery costs.   Although I understand that argument, I don't know if that's the best way to proceed or not.   I suspect not many people have tried to argue it with second-hand cars.  And that might be, for some reason I don't know, that it's a non-starter or it's too risky.
    • No, not all all.  It's up to them to prove you were the driver.  Well done in not telling them!   Remember in all this you are legally in the right.  Their parking fee was paid.  You're not trying to "get out" of something you owe.  They are in the wrong as far as the law goes.   So how about sending them something like -   Dear BW Legal,   cheers for your Letter Before Claim.   I don't earn owe your clients a bean, indeed your clients owe the driver of the vehicle who paid the parking fee - twice.  It is your clients' responsibility if the machines they buy second hand on eBay don't work properly because they're too tight to pay a technician to maintain them.   Your clients also gave me to no right of appeal or of paying a discount in contravention of their own industry's Code of Conduct.   You can either drop this foolishness now or your clients can get a good hiding in court, both are fine by me.  I fancy a winter holiday and I fancy financing it by an unreasonable costs order under CPR27.14(2)(g).   COPIED TO NCP   The reason i say to send to NCP too is because unscrupulous solicitors are well into their clients starting claims which are bound to lose, after all they get the £££ in any case.
    • appeal one has ref number showing other pix to screen removed please use PDF only     dx
    • Well that's an interesting question if I outted myself or not. I did send an appeal to NCP in reply to the original letter although I was late with that and after their shut off date or what ever they called it. I'd just had a hand operation. However I did not say I was the driver but perhaps by even replying to NCP I make myself the driver by default. Is that right?   after the time or not I did fire off and appeal and have the receipt for that. See attached. Some time late I got a letter from Trace then it seems I was bounced over to BW.   I never herd back from NPC regarding my appeal. Total radio silence. Then came the Trace letters and then BW   I did send a bit of snot over to NCP. As I was using this car park on a daily basis for some months I did capture on day the pic with the masking tape on it just by chance.   Apart from that I was using the NCP payment app which did or did not work depending on the day. Talk about bugware!   I do have some 4 months of payment history within the app.   so my point is that these machines do go wrong from time to time. I did not put the tape on there but someone did! bank card only.pdf
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Landlord hasnt notified Mortgage Lender


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Hiya

 

We have recently moved to a property in Wales. We moved in without a tenancy agreement (which turned up 3 weeks later), no deposit and no guarantor. we have no record of boiler servicing (oil fired), energy certificates or other testing such as PAT etc.

 

The lease states a rental sum significantly lower than that verbally agreed (so in our favour) and we have been paying that sum. We are approx 1.5 months in arrears (due to being self employed and out of work for a period) but now back in work and i will be paying double (the expected rental amount) per week over the next few weeks to clear the arrears.

 

So far so good. My wife received a visit today from the landlords mortgage company wanting to know when the mortgage payments were being brought up to date. My wife told him that we were tenants not the owner, and he said that he had no record of the property being rented, and as such did not recognise us. he instructed us to get the landlord to call him ASAP.

 

Problem is, the landlord still has all their mail delivered to our address and collects it once a week, and we have no forwarding adress for them.

 

Any ideas of what rights we have?

Meekle Vs CAPQuest (littlewoods) No CCA produced WON Total alledged debt written off

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Hiya

 

We have recently moved to a property in Wales. We moved in without a tenancy agreement (which turned up 3 weeks later), no deposit and no guarantor. we have no record of boiler servicing (oil fired), energy certificates or other testing such as PAT etc.

 

The lease states a rental sum significantly lower than that verbally agreed (so in our favour) and we have been paying that sum. We are approx 1.5 months in arrears (due to being self employed and out of work for a period) but now back in work and i will be paying double (the expected rental amount) per week over the next few weeks to clear the arrears.

 

So far so good. My wife received a visit today from the landlords mortgage company wanting to know when the mortgage payments were being brought up to date. My wife told him that we were tenants not the owner, and he said that he had no record of the property being rented, and as such did not recognise us. he instructed us to get the landlord to call him ASAP.

 

Problem is, the landlord still has all their mail delivered to our address and collects it once a week, and we have no forwarding adress for them.

 

Any ideas of what rights we have?

 

You question is a little unclear - Rights with respect to what?:

 

- Boiler servicing?

- PAT testing?

- Being in arrears?

- Talking to the mortgage company?

- The landlords mail being delievered to your house?

- Something else?

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sorry, need to be clear :)

 

1) We are worried that she hasnt paid her mortgage (why else would a guy from the mortgage company "drop in" for a chat) and therefore are worried that we could be made homeless. From conversations with the mortgage guy he knows nothing of a lease with the landlord and states that the lease is therefore invalid as the mortgage company fail to recognise us as tenants as they are not aware that the landlord is letting the property.

 

They have asked us to get the landlord to contact them, and i have given the mortgage company the only mobile number i have so they can try to establish contact also.

 

with regards to no PAt testing, boiler servicing etc - i understand from reading other threads that this is wrong, so we can persue that in other ways, but seems pointless if we are going to be thrown out!

 

Any ideas what to do? We are prepared to pay the mortgage company our rent direct if that smooths things out?

Meekle Vs CAPQuest (littlewoods) No CCA produced WON Total alledged debt written off

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My understanding is:

 

If your landlord has no permission to let the property, your rights to prevent eviction may be reduced if the house is repossessed.

 

Note that without an address for service for your landlord you are entitled to withhold rent till one is supplied. I'm not saying you should (as it might speed repossession) but you ideally need to get an address off LL, and mentioning this may focus LLs mind.

 

The landlord should ensure that any gas appliance/boiler has a landlord certificate every year.

 

PAT testing and electrical testing is not mandatory in a normal house. If electrical equipment has been purchased in the EU and is undamaged then it will likely meet the required safety standards and won't need PAT testing.

 

5 yearly tests of the fixed electrical system should be done if the house is an HMO (House of Multiple Occupancy), but are not mandatory otherwise.

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steve - thanks for the information, however, the boiler is an oil fired one, not gas does this make a difference?

Meekle Vs CAPQuest (littlewoods) No CCA produced WON Total alledged debt written off

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