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    • 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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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 81 replies
    • 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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Equifax tips for consumers


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Just read that again and consider that IMHO the selling of our data

gleaned from OUR credit files is an unfair business practice, going to print that out and send with my submission to

my MP.

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Lets all that the whole thing of government depts. using CRA's goes pear shaped.

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  • 2 weeks later...

The DCA's Cannot sell or pass on your details other than to the companies who are providing

the information, the CRA's don,'t gather the information it is supplied to them

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It is interesting Martin, as I use all the CRA's for work had a look at some sample ''listings''

on the address list it is basically a phone book disc, the other note a household that has perhaps

had insurance quotations etc .

 

All of seems to be no more than any marketing agency in house out would have on file.

BUT I STILL DON'T LIKE IT:!:

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The crux of the matter is I think that a very great deal of the time the public are not

made aware that they can opt out ,or the option to do do so is small and or hidden away,

there needs to be greater transparency.

Edited by BRIGADIER2JCS
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  • 5 months later...
I might be sounding cynical but I love the comment in the 'guidance on defaults' where unresolved disputes mean difficult decisions are to be made. Ahem, I've never yet seen a creditor issuing a default notice with one iota of concern for the (alleged) defaulter whatsoever. They happily will take your money and default you because, dependant on their own 'points' system the notice will just 'click in'.

 

Michael

 

Surely a default notice is issued by the creditor to give the

debtor an opportunity to rectify the dispute and not incur

any further charges or penaties.

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Well I guess they will still accept your payments (:whoo:) however for 6 years that default is around your neck wheather or not you pay the debt off. A potential creditor does not look at the word 'satisfied' but 'default' and as one sees on a CRA file it's in red, it is to someone who searches.

Michael

 

Well if you fail to rectify the default, what do you expect, rectify the arrears then no default entry.

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I'm sorry but the default will remain even if you clear the debt. The entry might well say 'satisfied' however the default stays (and shows as such) for the 6 years and any potential creditor will see it.

Michael

I see you are confused if you receive a default notice and rectify

the default within the time scale allowed there will be no default

to record.

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Maybe confusing this with a late payment marker ?

 

Sounds possible.

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Agreed DX,

Michael, Why shouldn't the crditor mark

your file with a default when as DX quite rightly

says according to your theory you have had

2 months to rectify the default.

Any variation of the ''agreed'' amount payable

either reduced payment or late payment constitutes

a default on said agreement.

You should also note that the ''procedures'' on placing

defaults, over limit and late payment markers varies

quite considerably between financial services companies,

card providers and banks etc.

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  • 2 months later...

I doubt the OC would tell you, Call Credit( Noodle) is not

widely used by major lenders.

You should check Experian (Credit Expert) and or Equifax

both have 3o day free trials.

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Just found that on the moneysavingexpert.com a helpful list of major companies and which credit reference agencies they use. Hope it helps everybody. You just type in name of Co (M & S in my case) and it told me they use Experian and Equifax. Yippee :lol:

 

This list has been around for sometime, but the major lenders flit around sometimes using on exclusively or the any

combination, it seems sometimes to vary on the type of account, which is why when an individual is declined credit

they are advised to ''check their credit files''.

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  • 1 month later...

No, not unless the company that placed

the entry agrees, the CRAs cannot unilaterally

remove or change entries.

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How cum equifax can remove the default but the rest will not?

 

Quite simple they will have investigated/made enquires of the

company that bplaced the entry.

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You MUST contact the company that placed the default first!!!!!!!!!!!!!!!

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