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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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    • 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 
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    • 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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Received HMRC letter about tax credits. What do I tell them?


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It may be that his mother pays full council tax, but they know who lives at that address. Your partner won't likely be on the electoral roll at his parents for all the years involved and this is one of the main points of a Compliance investigation's evidence.

 

I would be as honest as possible because the following : - he went back to his mums, he works away - are two of the most common statements made during fraud investigations by claimants during the initial stages or at IUC for an investigation into a single claim. The fact his parents or extended family have agreed to lie for you is perverting the course of justice. If this goes to down a non-civil route (which it will if you lie to them), then they will be involved. Don't forget, they don't just send these letters out randomly, these cases are picked up months, sometimes years before they attempt to give you a chance to confess. They have contacted you now because they believe they have enough evidence.

 

It seems to have been missed on all the forums but it was agreed last week that there is going to be a minimum penalty - an on the spot fine for any benefit fraud and they are going to start moving away from the "non-civil" routes. This is due to the changes coming in with UC and to prevent benefit fraud. Considering the fines go up into the thousands, it will work.

 

As mentioned, they have the power to go back many years. To be completely frank with you and to give you as honest an answer as possible; your planned response would ring bells for me due to it's similarity to other stories given and because the evidence they will have is that he paid the bills. To claim as a single person you must prove that you are not financially linked, which by him paying your bills you are. This is the reason the claims are all being stopped and people have these overpayments. Not because the partner was living with the claimant but because he was paying for them. A single person gets more precisely for this reason - they are supposed to be paying alone.

 

You have all the utilities, TV license, insurances in his name. Then you add the childcare into it. I would get down to the CAB and discuss making savings and planning control of any debts you have, because you are going to need it.

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Caly it doesn't have to destroy you, ony will if you let it.

 

Just co-operate with the questions they ask and answer as honestly as possible. If you do this they will treat you more favourably than if you cover something up.

 

When they decide what action they will take, they will likely set up a repayment arrangement. It is still proceeding by non civil routes for these cases, only cases where the claimants have been difficult or evasive are prosecutions or high value cases.

 

You need to start planning a budget so that when your tax credits are changed you can adapt as best as possible, the CAB can help you to do this.

 

Thousands of people have been and are currently in this situation. If you speak to the majority who have overpayments on forums (because no-one admits it in real life) they will tell you that being caught turned out to be the best thing because the weight and burden was lifted. Although they had less money, they were glad to finally have things out in the open. I am sure once your case is dealt with, you will be the same, whatever outcome.

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It is different for everyone Caly. With some it is only a small portion of time, others they want to go back. But as I said and I cannot stress this enough to you - how you act and behave towards them can be the deciding factor.

 

Get any information you think you might need and answer the questions they put to you. That's all you have to do. Give honest and truthful answers to what is aked of you.

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