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    • Hi, hope that you can help with the PCN detailed below, unfortunately I have entered into correspondence (appeal) and identified the driver, hope that this doesn't have too much of an impact! On 26/05/2024 the driver entered the ANPR controlled car park to park but was unable to find suitable parking due to the car park being very busy. This took 11 minutes according to Wise ANPR details, this was due to other vehicles looking for parking and impeding the driver's progress. This has been appealed to both Wise Parking and IAS and the appeal has been rejected by both; unfortunately, the driver has been identified on the appeal. Note: the appeal response from Wise was not received until 04/07/2024, wise state (after me chasing) that it was sent by email on 17/05/2024 but this was not received and not in junk mail. I have completed the form below and attached correspondence (post and email) as a single pdf Please let me know if you need anything else.   1 Date of the infringement 26/05/2024   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 29/05/2024   3 Date received Around 04/06/2024   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  Y   5 Is there any photographic evidence of the event? Y   6 Have you appealed? [Y/N?] post up your appeal] Y Unable to find /access details of my appeal to Wise, however I will have revealed the identity of the driver My appeal to IAS: You completed the appeal on 06/07/2024 23:38:42. The car was not parked on this land. The reason for this was that there were no available parking spaces. I drove the car around the car park a few times searching for a space but was unable to obtain a space due to it being busy. I then left the car park without parking, I therefor did not make use of their facility or have the opportunity to check their terms and conditions as I did not leave the car. The appellant made their response on 08/07/2024 09:52:52. As I did not park due to lack of opportunity a "parking" charge is not appropriate. As can be seen from the ticket, I was only onsite for a few minutes which backs up my assertion that I did not park. No evidence has been provided that I did park, only that I entered and left 11 minutes later.   Have you had a response? [Y/N?] post it up Y   7 Who is the parking company? Wise Parking   8. Where exactly [carpark name and town] Chapel Point, Chapel St Leonards   For either option, does it say which appeals body they operate under. IAS   If you have received any other correspondence, please mention it here I have received a response from both Wise and IAS rejecting my appeal     Wise Parking PCN - 26-05-2024.pdf
    • You mean the mediation Service. It's not from the court  Offering a date and time?  Dx   
    • Equivo are applying for an interim charging order although I know why they want to do this, I find it to be very unjust and needless in my point of view! and don't know why there is a continuing need to harrass me with a Charging Order. No payments have been missed since the order was made and a total of £360 paid to date The debt amount has not been reduced as they keep adding interest, the original debt was £1500 it now stands at £1700 The judgement didn't order a payment plan but we have agreed to one and for three years they have accepted my payment...not sure if that relevant? Also I live with my partner and they have sent her the same as she has a 50% claim to the property how can I stop this? many thanks Webbs   Interim Charging Order Creation Finance Old Flybe Card.pdf
    • Good. Hopefully you've done the reading and you know how it all works from now.  However, please will you not leave things to the last moment in future.  We have our work cut out as it is and to try and help you catch up with deadlines put extra strain on us which as an unpaid volunteer group, I don't think we should need to do
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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.

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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.

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      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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Insurance Policy To Cover Balance of Interest Only Mortgage


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Back in 1988, the backlash of the recession caused a massive reduction in the size of our family business, and my parents were advised to sell the family home and buy a smaller property. Moreover, to get an Interest Only Mortgage in case of the liquidation of the company whereupon should they be left unemployed the total of their mortgage payments would be covered by the DSS as it was in those days. To do this a separate insurance policy ie like an endowment needed to be set up alongside the mortgage to cover the balance of the money owed upon completion of the mortgage. The business did fold and as suggested, the DSS covered the mortgage payments until such time that they moved the goal posts on mortgage interest, and now my parents, who are now both sick and claiming non guaranteed pension credit have to pay from what little money they do have to live on. This however is not my main gripe.

 

A financial adviser, who was known to the family and company was employed to find such an insurance policy. He was never suspected of any foul play as he had been in and around us and other friends and business colleagues for years. Unfortunately, the policy that he sold us falls almost 2 thirds short of the balance that will have to be paid in around 18 months time.

 

We have been in contact with the financial ombudsmen who say they cannot assist as they need evidence that the policy was mis-sold. The afore mentioned financial adviser needs to be contacted to clarify this they say however to all intense and purposes he was last seen heading in the direction of the Sahara Desert on the back of a camel !!

 

They are now left in a position where they cannot get legal aid any more for some mad reason that I cannot explain and also facing the possibility of eviction from their home in the near future as they will be in the position of owing a large chunk of money to their building society which they will not be able to pay.

 

They are both past retirement age so the likelihood of the society agreeing another mortgage with them is fairly remote so we are now at a loss as to what to do. All payments to the policy and the mortgage are paid up to date and their credit history is good if not excellent as they seem to manage what little money they do have rather well.

 

Any mortgage requires life insurance which will be impossible for them to gain as they both have medical conditions that would load any life policy beyond reasonable affordability.

 

A barrister has looked at the case and has said he cannot help, but I suspect that this is because he is obviously privy to their financial situation and has assumed that they will not be able to afford his fees, should the case go against them and there seems as mentioned to be no legal aid available.

 

Has anyone any ideas on how I can help them. I am a well educated man with lots of experience of life, dealing with people and so on however, I am an early retired IT consultant due to the need to look after my mentally handicapped son and not a lawyer!

 

I have the time but not the finances nor the know how in order to assist.

Edited by the2nineteens
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Hi there thanks for converting those files for me,right it wouldnt hurt to give you just a little background to endowment policies so you get a basic jist of the situation.Endowmments became big business during the 80 and 90,s right through to around 2003 when there began a fall-off.They became very attractive to people because of their high return valuefor example,a50 quid a month investment over 25 years =15k that would have meant a return (at the height of these policies) of something like 100k,you can see how these endowments became so popular with borrowers,so what changed?

 

To answer that you have to look at the reason behind the high payouts of these policies at their maturity.What insurance companies were doing was inflating the payouts by paying in large terminal bonuses,in other words using their own cash to inflate the maturity value which in turn dangled the carrott to other investors,in other words sucking in joe public.Once joe public had been sucked in out went the bonus payments which inflated the payout value at the end of the term,hence the payouts fell sharply.There are still some terminal bonuses payed but these are discretionary.So what to do if you have an endowment which is performing poorly and wont cover the mortgage at its maturity.

 

Well first option of course would be to cash in the policy,surrender it ,however doing that would mean a pittance of a payout,i wouldnt insult you by saying how much you would get.

 

Second,you could sell it to a third party,but first you would have to find someone daft enough to buy it,a tall order to say the least.

 

Thirdly you could sell through a broker,that way you would get the best price for the policy,however these options are really not options where the mortgage payers in question are concerned.We know that there will be approx 2 thirds shortfall thus is there grounds for complaint and compensation for miss-selling.

 

 

First off,you cannot complain about the performance or the shortfall,you can only complain about the advice given by the broker.There are three main areas around which complains can be forwarded,

 

Endowment policy not suitable

 

Inthis case your broker would not have explained how the endowment would be invested,and of course explained the risks involved,did he explain the poor return if cashed in early ?

 

 

Endowment sale did not follow the rules and guidlines

 

Your broker should have explained all the charges and fees and provided a fact find before the sale

 

 

Payments not discussed

 

 

Your broker said that this sale would be ok and would cover the mortgage at maturity.

 

 

OK,so whats the next step if you think that there are grounds to complain.First-off you need to complain to the company that your advisor worked for,if that company no longer exists then you can complain to the Financial services compensation scheme who will look at your case.If the company still exists then its the financial ombudsmen who will look at the case,that said there is always the option of court action but this would be costly,personally i think you have a case and as such you should be going along the above route,sorry about the lengh of the post but i was just including as much info as possible to give you a clear picture.

Edited by newstarter
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Attachments changed to .pdf

 

Can you please remove all personal details from everything and then repost.

I have unapproved the ones above as they contain personal information

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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