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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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Got a cheque from my solicitor not in my name..........


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Ok, i was involved in a car accident 1 year ago.

 

Today i received a cheque for the repairs i made on my vehicle. I cashed it in today.

 

However today i also received a cheque for the hire car i hired out of my own money(as insurance wouldnt supply me). Its made payable to the hire car company, even though ive already paid them. Now i could go 120 miles round trip give them the cheque, wait for it to clear then go back to them 120 mile round trip and hope they dont rob me and collect the money. Seems odd and long winded.?

 

Or could i call my solicitor send the cheque back and get them to make it payable to me? is this possible? what would the process be? does the cheque come from my solicitors bank or does it come from third party insurers? there solicitors? or? is it a easy process? would they do it?

 

Appriciate a response...

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surely this depends upon what account iyts drawn against [i'e who wrote the cheque out]

 

that person needs to be informed that [with proof] you've already paid remittance for the car hire, so thus, this sum needs to be paid to you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This could be a simple oversight on your solicitors behalf.

 

Did you provide proof (receipt) that you had paid the hire car company to your solicitor? If so, that's all it will take to rectify this matter.

 

Now, if your solicitor provided the cheque from the firms account then they can easily cancel the cheque you have in your possession and issue a new one correctly made out to you or, if the cheque was provided by the third party insurer's, then you will have to return the cheque in your possession for your solicitor to return to them, in order for the thrid party solicitors to re-issue a new cheque.

 

Either way, it's pretty straight forward.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Yes i did provide the receipt for the hired vehicle and it clearly states i paid. I also told him verbally on the phone when he asked.

 

I have no idea where this cheque is from? does anyone know for sure if my own solicitor sent it from there account/insurance account OR it was sent from the third party insurers account/solicitors?.

 

Thank you.

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Yes i did provide the receipt for the hired vehicle and it clearly states i paid. I also told him verbally on the phone when he asked.

 

I have no idea where this cheque is from? does anyone know for sure if my own solicitor sent it from there account/insurance account OR it was sent from the third party insurers account/solicitors?.

 

Thank you.

 

If it was a non fault claim and you were expecting a cheque in your name to reimburse the money you had paid for the hire company, then they have made a mistake. Send the cheque back and ask them to make it payable to yourself.

 

The cheque itself will have the name of the issuing company (the account holder). It could be from the third parties Insurers. If you call your own Insurers or solicitors they will have the contact address details for the third parties Insurers.

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Speak to your solicitors,that's what they get paid for. Don't bother trying to get in touch direct with the third party insurers, and seeing as you've claimed for your own repairs, there's a good chance your own insurers will know little about this.

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Yes i did provide the receipt for the hired vehicle and it clearly states i paid. I also told him verbally on the phone when he asked.

 

I have no idea where this cheque is from? does anyone know for sure if my own solicitor sent it from there account/insurance account OR it was sent from the third party insurers account/solicitors?.

 

Thank you.

 

Was the cheque not accompanied by a letter? A compliment slip even? Very unprofessional if they just sent a cheque in the post.........

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Speak to your solicitors,that's what they get paid for. Don't bother trying to get in touch direct with the third party insurers, and seeing as you've claimed for your own repairs, there's a good chance your own insurers will know little about this.

 

 

This!

 

Without trying to be rude threads like this make me laugh. Your solicitor is getting paid to do a job, just ring them! Its not rocket science...

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Sorry, i dont think i mentioned i did contact my solicitor but hes away for 1 week. Thought id ask on here first incase someone knew i couldnt get a new cheque in my name, in that case i would just go all the way to the hire company and get them to agree to cashing in the cheque. But as mentioned i will wait for my solicitors return now.

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