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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.
    • 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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      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.

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Claim for Lost Engagement Ring


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Hi

 

Last night I left my wedding and engagement rings at a studio we use at the local sports centre.

 

My husband and I were the only ones using the studio and the last ones out of the sports centre. I realise I'd left them on the table in the studio half way home, tried calling but no answer.

 

I phoned first thing this morning to find that the cleaners had already been and nobody had handed anything in!!

 

I have phoned the police to report them stolen, but wonder were I stand with my insurance policy, we added all of our rings to the policy when we bought them, so they are listed in the possessions section, but wonder if the fact that I forgot them will be a problem.

 

Any advice would be gratefully received.

 

Thanks

Tx

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You will have to check their T&Cs.

Even if you are covered, your insurers are likely to wriggle. Check the wording very carefully

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Hi

Thank you for replying

There are two terms in particular that bother me - these are under what is not covered.

 

for theft or disappearance of jewellery from baggage unless

such baggage is carried by hand and under your personal

supervision

and

for unexplained or mysterious disappearance of jewellery or

watches

Any thoughts.

Thanks

Tx

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You need to be careful. The items left/stolen would needed to have been within your supervision at the time of loss. Obviously you had just left they behind, so they will ask many questions to find out why this was the case. They will also ask why the rings were not placed in a safe or locker or just left at home. They will ask whether it is usual for you to have taken the rings off. I think the Insurers will require a cognitive interview to be undertaken, which is designed to find out whether the claim event is likely to be truthful or not.

We could do with some help from you.

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Hi

 

Thank you for your response.

 

I always wear my rings, I have to take them off when we dance as they tend to cut into my husbands fingers. We use the same studio almost every week and we are the last session of the evening. No-one else is in the studio with us, nor could anyone come into the studio without us noticing.

 

I usually take my rings off and put them on the table next to the sound system and then put them back on as we leave, on this ocassion we got into the studio late after a mix up with our booking, so we left in a bit of a hurry as it was later than usual.

 

We called the sport centre several times as soon as we had realised, but with no answer. So we called back first thing before it opened, but was told that cleaners etc had already been around, and no-one had seen them.

 

So I called the police and left the details with them, they said that they would go down and speak to the manager. I haven't heard back about this yet

 

It's a truthful claim so I will happily go through an interview, to be honest I just want my rings back!

 

Tx

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Make enquiries with the studio about any CCTV that may be available and to advise them that a theft has been reported. Perhaps there is CCTV coverage of the studio ?

We could do with some help from you.

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Unfortunately there is no CCTV in the studio, and I don't think there is any in the sports centre at all.

 

I told the manager that I would need to report them as stolen, but he wasn't really interested and said he didn't really know what they would do!

 

Tx

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I can se the insurance would be difficult on this as the rings wernt lost they appear to have been stolen but not from your home, i would report the theft to the police and get a crime number to back up your claim to the insurance, also the cleaning company may make investigations if you have reported it as a theft.

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As advised, check the wording of the insurance policy but from what you point out above there is no mystery to the disappearance, they were stolen by persons unknown.

The other bit refers to things being pinched by baggage handlers so always carry valuable with you on planes.

get in touch with the police again and get a crime number if nothing else. If your insurers wont play ball then consider telling the sports centre you wish to claim against theirs and will sue if they dont co-operate.

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