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    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • 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.
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Black Horse Car Finance Charges


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Hi, I had a car on finance with black horse that was recently voluntarily terminated. When I first phoned to enquire about doing this I was told there would be nothing to pay.

Now after the car has been sold they are saying I still owe them £200. I know its not a lot but its more the principal that is annoying me.

I've have asked for a full statement, which they have supplied. There were quite a few late payments, for which thay have added a £25 charge each time. Is there anything I can do about this? I was quite happy just to let the car go and let that be the end of it. There was no ppi so far as I can see and the account was not in arrears at the time of termination.

 

Thanks for any advice.

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Hi

 

You can claim those charges back...have a look at the notes in my signature about charges reclaims.

 

Who is the DCA....I would reckon they have been appointed to collect rather than having been assigned the debt. If they are just acting for BH then ignore them

 

ims

 

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Hi

 

You can claim those charges back...have a look at the notes in my signature about charges reclaims.

 

Who is the DCA....I would reckon they have been appointed to collect rather than having been assigned the debt. If they are just acting for BH then ignore them

 

ims

 

Thanks for the reply. The dca is Nationwide Collection Services, in Edinburgh, which seems a bit odd if BH are in cardiff. The letter states 'Your agreement with BH has been referred to us for collection...'

I can't actually see a signature on your post, probably just me being a bit thick

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  • 2 weeks later...

Thanks for all that.

I sent a letter last week asking for the charges to be refunded, and stated quite clearly that I do not believe the amount of the charge is fair in the actual cost to them for a late payment. I got back what I guess is a standard letter saying they don't uphold my complaint as the charges were for paying late and they are in the terms of the agreement, and I was welcome to take it up with the Ombudsman. No where in their letter do they attempt to justifiy or explain the amount of the charge.

What should my next move be?

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Hi

 

Ok so that was your preliminary letter so the next step is a 7 or 14 day lba....pretty much the same as your prelim but headed "Letter Before Action" and with a final paragraph that of they don't refund you then you will issue in court without further notice.

 

Make sure you do a spreadsheet of the amount you are claiming and attach it to the letter...here is the relevant sheet

 

CISheet v101.xls

 

Having read up on the interest tutorial you need to decide what interest you are going to apply

 

ims

 

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  • 2 weeks later...

OK, got a letter back offering to refund me £175, which considering the full total is over £600, I find pretty insulting.

What do I do next? Is it worth sending them a counter offer of about £400 to settle? Or should I write back to them at all and just issue court papers?

Thanks again for the advice already recieved.

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Hi

 

OK thanks

 

So the next step would be issue in court if you want to get all of the charges and interest back.

 

If you haven't already done so, I would start reading up on court claims to get these charges back

 

ims

 

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  • 5 months later...

I am experiencing a similar problem. I see now why my account has gone from BH to Nationwide and now BH again. They are chasing me for £5000 , which is just interest and charges. The vehicle, a motorhome was repossed within the first two years of the ten year loan ( which is now), I have paid the cost of the vehicle plus interest and yet they still want this £5k I am retired now, and my partner has made me realise what a disgrace the whole agreement is, but I just want to end it now. I am retired and feel they have had enough out of a debt that wasn t really mine in the first place.

The Financial Ombudsman could n t help, although sympathetic they said it was unregulated, CAB managed to get them to freeze some charges, ( that later crept back) and solicitors just don t want to know. So reading here to see what course of action I can take to end it all and live in peace of their phone and letter messages. They threaten my credit rating and extra charges, but its not listed on my credit profile, and they admit that since the repossession they do not record anything.

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