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.
  • Recommended Topics

  • 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
  • Recommended Topics

Tax credits investigating living together - please help


folle
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3726 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 sent my stuff in tuesday they would got it wednesday ! With me they are looking at 2010to2011 2011to2012 the cav man said that was normal ! I am to scared to phone them ! I just want this over I still feel I want to go to sleep and not wake up ! Have u read all my thread edmj and do u think they will be civil with me I hope so xx

Link to post
Share on other sites

  • Replies 183
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

folle, my letter had 2010-2011 & 2011-2012 too, but they just said to me on the phone they could see he has been here since July,so that is where they are taking it back until,please stay calm, it should be ok,

 

in the letter i got yesterday it basically said to me if did it gain they would charge me a penalty.so if they ARE going to take action,it should be civil.

 

please let us know what the outcome is!?

Link to post
Share on other sites

Hi folle, I recieved a letter from them re overpayments. They have reduced my overpayment to if I had made a joint claim and not a single claim so looks luke that is the end. I will have to call them to arrange a payment plan.

 

Keep us up-to-date on how u get on, I'm sure it will b fine for u!

 

Are you going to manage on that though? As obviously a couple receive more than a single claimant would? That would rile me that would. You'll basically be living on less than what a single claimant should be by law.

Link to post
Share on other sites

Hi ednmj I could not get to my private messages I am at my wits end ! Taken over my life ! God knows when they will get back to me ! I am still waiting on some copy statements from my bank I need to send in ! My health has really deteriorated ! Last night or should I say this morning I fell asleep at 6.30am ! I have got mhservices keep a close eye on me! They phoned me today and said they were worried what this is doing to my health ! I am to scared to phone then ! I don't think I will go to prison ! But it is a complicated case! I just want it over with ! Edmj when did u send all your stuff in ! it is a a chapter of my life ! I wish was over! My best friend can't believe how it has effected my health so badly ! She said there is worrying and making myself ill, on so much medication it is unbelievable ! Good luck everyone I think I am going to need it xx

Link to post
Share on other sites

Oh really sorry I did it wrong then.

I have not been asked to send anything in yet I have called twice and just told I will be called back.

I have been stressed so bad too and I can not concentrate at work either :!:

I constantly feel sick and last week every time the phone rang I was jumpy and then gutted it wasn't them for me to sort this out.

Ill try and send you a message again its bugging me that you didn't get it x

Link to post
Share on other sites

Thanx for all the support I don't think mine will be good news ! Do u think 4 days is a bit early to phone and find out what is going on ! Everything points to me having a relationship with him but I haven't its just over the years have bumbled along my life here and his life in london ! God what can we do ! I am to scared to phone them I am sure they wiLl write to me or should I phone them ! Nearer the end of the week! Xx

Link to post
Share on other sites

Do u really think they would listen I don't think they would take any notice at all ! I wish they would ! As it has made a big impact to my health ! One I wonder if I will ever fully recover from ! I just hope they get bacj to me this week ! At least I have prison out of my mind ! Fingers crossed for u guys ! Does anyone want to phone them on my behalf! I am to scared! Perhaps I could write to them and expkain what it has done ro my health x

Link to post
Share on other sites

I have not got the courage to phone them ! I shake at the the thought of it ! I am shaking just thinking about it ! They prob won't accept his letters etc ! Why hasn't anyone phoned me ! Or do they just phone when u contact the! I phoned when I got my first letter and they told me to send in what I needed ! What shall I do shall I just wait for them to contact me! Glad u have got yours sorted out noodle doodle ! God if mine is 15grand god knows what I will do ! Will have to just get on with it ! Am still under mental health services it has effected me that much x

Link to post
Share on other sites

I am still disputing the fact he lives with as his abode is in london perhaps I shoild just phone up and agree to anything just toget the bloody thing done ! And over with xxhope u ok mysique x

Link to post
Share on other sites

Makes me wonder what I should do I think I am going to phone tomorrow and see what they say ! If they don't believe what I have given then I shall say what next as I want this sorting ! Wish mine was sorted! Any advice guys ! X

Link to post
Share on other sites

Hales 7 he is in london ! But only has landlord letters as he rents a room in a house I don't know what I could say ! If they dispute it I have not got the energy to argue with them mentally or physically ! I just want it done and over with ! X

Link to post
Share on other sites

i feel so silly, we filled out our joint claim last night and we are entitled to the same amount of money if we were joint give or take 20 quid.going to look up this notional offset thing later,8k is alot to pay back otherwise!

 

folle, it wont hurt to ring up for an update,let us know how you get on, i am sure it will be ok, the worst that can happen is that you will need to pay some back and do another single claim (if you are not living with him).

Link to post
Share on other sites

The lady I spoke to told me I couldn't offset what I would have been entitled to against my overpayment. She told me the only way I could do that would be if they had given me inaccurate information which led to me incorrectly claiming in the first place.

 

Folle, I really think you should try and muster up the courage to phone them. I can't tell you the relief I felt immediately after speaking to them. Although I know I still have a way to go with resolving and repaying the overpayment, I am much less stressed and anxious.

Link to post
Share on other sites

I am to scared incase they start asking me questions like the first woman did! What about if they ask me for more stuff ! I am shakin just thinking about it ! They have had my stuff for a week is that to soon to have an outcome! I am a wreck and nervous shaking just thinking about ! Does anyone want to phone for me :( x

Link to post
Share on other sites

I am to scared incase they start asking me questions like the first woman did! What about if they ask me for more stuff ! I am shakin just thinking about it ! They have had my stuff for a week is that to soon to have an outcome! I am a wreck and nervous shaking just thinking about ! Does anyone want to phone for me :( x

 

if you feel really uncomfortable just hang up as it will be on the phone so of you feel your being interrogated just hang up. If you are phoning the actual compliance officer just aak them to advise if they have recieved your stuff and to give an indication of how long it will take. Let them know that it is causing a lot of stress just now and they should offer some reassurance as to how long it might take.

 

It's interesting what people are saying about offsetting, I was told the general rule was they do not offset overpayments where you have made a single claim and tax credits believe it should have been joint claim. I argued with them that I should not have made a joint claim and my overpayment has been offset!

Link to post
Share on other sites

I have just plucked up the courage to phone them ! And the lady I need to speak to is not at her desk and she will call me back ! What do I expect if it was the first lady I spoke to I wish now I had never phoned ! Oh my god am shaking like a leaf ! Perhaps I will end up in prison :(

Link to post
Share on other sites

I can't give them any more evidence ! What shall I do ! I have been interrogated once on the phone I hoped a different lady would be dealing with it but I think it is the same one ! What can I do ! I am so scared ! :(

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...