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    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • 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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debts with cccs


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should put on the thinking cap first.

seeing payments have been made on a monthly basis for now at least 4 years hasnt my brother by paying vie me

really confirmed the debt as his.

and also by not paying now wouldnt we just be playing with fire ie feds going to town on brother.

sorry if this is garbled but i hope you see where we are going.

thanks very much

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Hi,

 

Get the CCA request away tomorrow, lets see what Freds come back with.

 

If/when Freds reply, scan in, but remove all of the personal details, full amount owing, reference numbers and barcodes for your own identity protection.

 

DCA's do not care about rules, the money from your account is just as good as any other, yes you could claim it back but it will be a long road and I bet Freds will fight every step of the way.

 

As to the payment, I am not against debt evasion but it looks like they have milked your brother for long enough, is your brother on benefits or a pension? If so drop the payments to £1 per calender month.

 

Lets get the full picture with the CCA request, Credit reference file.

 

The CCA request will show on the form if PPI was taken out.

 

I would still SAR Egg/Barclaycard to get the full picture of how the account was ran throughout.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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seeing payments have been made on a monthly basis for now at least 4 years hasnt my brother by paying vie me

really confirmed the debt as his.

and also by not paying now wouldnt we just be playing with fire ie feds going to town on brother.

 

The debt has been acknowledged regardless who paid the debt, so the statute barred route is a deffo no no unless after your brother defaulted and you started paying freds their has been a clear 6 year gap, then its out of the window.

 

Obtaining a copy of a CCA request is a lawful right, it's not a crime to ask for it.

 

If Freds want to start chucking toys out of the pram, just post up and someone will happily advise you.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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The debt has been acknowledged regardless who paid the debt

 

If you paid on your brothers behalf, it will not be hard to put 2 and 2 together, unless your brother has a disability where you are conducting his financial affairs on his behalf because of communication or memory disabilities.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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thanks very much.

i pay this because brother hasnt got a debit/credit card and have been doing this since the start.

right tomorrow send CCA and one pound po to freds/

when they call say to them only correspond in writing.

and then sit back a watch the s'''''t hit the fan.

thank you so much will get back soon

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then sit back a watch the s'''''t hit the fan.

 

Let Freds rant & rave

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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good evening,

well freds rang today, said only going to contact thru letters,

letter sent to freds re cca, just one thing please.

what if i get back from freds a blank form re details ie no

signature on original what do is do please.

thanks

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good afternoon,

well that was quick, have just got a letter from freds.

it just says we have referred the matter to our client and will revert to you

as soon as were are in receipt of instructions.

in the meantime, we confirm that we have placed the account on hold.

so please can i ask some questions, what happens now, what do i do if egg,

come back, with sometime and do they still have to reply within the 12+2 days

and finally what about my £1 postal order that was sent, should that come back.

thanks for all your help.

Edited by winchester
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good evening,

sorry to bother people, but could i have a answer to my last post please,

i am not sure what to do next seeing i have just got a letter back from freds.

do i just wait for an answer from egg or just sit tight.

does the 12+2 days include the time freds passed the cra to egg or does it start when,

egg get the demand, and also what about my £1 po not much i know, but can freds hold this,

please help

thanks very much

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Hi winchester,

sorry you have been left a bit in the lurch here.

Yes wait for what they come ba1ck with, when we

know exactly what they have or have not got it will

be easier to advise.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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good afternoon,

thanks brigadier, that means a lot, and i am sure i will wait, and

yes i will just see what they come back with,

thanks so much.

winchester

In box is clear winchester.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 2 months later...

i have been helped on this forum a few times so thanks,

 

i have 4 store cards and credit cards that i have, now been helped by cccs

 

one or two go back 20 years or so,

i am still paying these via cccs

would it be any good sending them a cca letter or sar, or am i just wasting my time,

 

thanks for any help, i have checked my credit check and they are on there

 

winchester

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would pay to request CCA for them, this might throw up the answer, just send CCA request to the O.C. marking P.Order or what ever for CCA purposes only, they have 12 + 2 days to respond before they are in default, that is until they supply, we can look to the next step on this site once we know the situation, they are some very good advisers on Cag. send Recorded Delivery.

 

If you send a cheque, try to send someone elses cheque (not saying they might lift your siggy of course)

:mad2::-x:jaw::sad:
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when did you start paying through CCCS?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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winchester

 

If you are still making payments through your CCCS to these cards that are not on your credit report, then they could still be enforceable, because they would not be statute barred.

 

Of course they could still be found to be unenforceable if there is something wrong with the agreement, so send a request for a copy.

 

Alan

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  • 3 weeks later...

good afternoon,

well it is now nearly 4 months since freds sent back the reply saying they were passing my cca onto their clients and will revert to you

as soon as they are in reciept of instructions,

well i have heard nothing does this mean they cannot find anything?? if they cannot could i claim back money i have paid freds,

thanks very much

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No you can't reclaim anything already paid.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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well i have heard nothing does this mean they cannot find anything??

if they cannot could i claim back money i have paid freds,

 

Hi,

 

Fred's cannot get the required documentation because of various reasons - office shredder, misplaced, lost etc.

 

Unfortunately, any monies paid is classed as a gift so you have lost that and gone straight into Fred's pockets.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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a very quick question please i have a very old barclaycard debt and a store card with creation both of these are at least 20 years old

i am paying back vie ccccs, but both both are not on my noddle report, does the re-constituted agreement apply, is if i cca these can they send anything they like or has it got to be a proper agreement.

thanks very much

sorry what i should have said i am going to send both a cca do you think this i a good idea

any thoughts would be very grateful

Edited by winchester
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they wont be on your cra file as the defaults would be more than 6 yrs old.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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