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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • iamgnome
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By iamgnome · Posted

      Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • Alfy
      Iva with Hanover now been passed to credit expert

      By Alfy · Posted

      That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Whyisitthis
      Shoplifting in Waitrose - Banned No Police called

      By Whyisitthis · Posted

      Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • lolerz
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By lolerz · Posted

      In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • COCOPINEAPLE1234
      Shoplifting in Waitrose - Banned No Police called

      By COCOPINEAPLE1234 · Posted

      @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

My daughter v Halifax

sachmo
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sachmo

sachmo

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Daughter received another letter from Halifax about our question on manual intervention and stating statements will be with her by 21/5 - again. Looks like they are dragging this one out to the full limit - these imbeciles make me sick.

 

They will only owe her more, the longer they hold out.

 

Also I need to mention that they gave her an overdraught of £200 when she first opened the account about 6 years ago and she spent it Christmas 2004 (without my knowledge) even though she had no exact means of paying it straight back.

 

They were sending her letters about it and she eventually went in to see them and agreed to pay it back £20 per month, and they took it out of her account every month. After a while they sent a letter to say she needed to sign a new agreement about it but by then she was burying her head in the sand as she couldnt cope with the worry of not having enough money to live on, because of them taking charge upon charge from her account.

 

They still continued to take the £20 from her account each month and then she started getting letters from a debt collection agency asking for the balance to be paid in full. That is when she told me about her problems so we paid the balance to the DCA but lo and behold halifax have taken 2 more £20's from her account which have incurred even more charges.

 

We went into the bank today and she explained everything about the debt having been already paid and they said she should have cancelled the standing order. She didnt know she had signed for a standing order, only that she had signed some sort of agreement to pay them back £20 per month. Her only fault is that she is naive when it comes to this sort of thing, but surely when the bank received their money back they should have known to stop taking the £20 monthly payment???

 

I must be naive aswell as I thought that is what would have happened once the debt was paid, because I knew nothing about this standing order thing. You see, because its only child tax credits and child benefit that gets paid in she obviously has to use it all as its her money to live on. I told the man in the bank that the charges are illegal and she would be getting all the charges back from them, and it just goes to show that there is no manual intervention at all, otherwise they wouldnt still be taking the £20 out after it had been paid in full, but he just ignored me, or at least seemed to be.

 

Anyway he told a co-worker that my daughter requested a refund of the latest payment as it would make her overdrawn again, and she agreed to refund it but not until tomorrow as she couldnt stop the money coming out today. Too little too late as far as Im concerned.

 

Will any of this stop her from claiming all of her charges back?Any comments or advice on this whole sorry saga would be greatly appreciated.

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jonni2bad

jonni2bad

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Nothing should stop her reclaiming all her money back for charges unlawfully imposed in the first place.

 

I hope you don't mind, but I edited your thread to break the writing up into more managable paragraphs - it was very hard to read in one go, and you'll probably get more response if you make things easier to digest :D

 

I have read somewhere that it is possible to write to a bank to inform them that monies (from benefits) must not be taken to pay charges etc, although it appears that one letter must be sent each time a payment is due in, rather than one 'cover-all' issue.

 

If this is relevant for the future, I will find the terminology again for you.

 

John

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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sachmo

sachmo

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Thankyou so much and i would be really grateful for the letter we could send to the bank to stop charges being taken out.

 

Sorry about that long winded post, its just i was a bit worried when i gathered all the facts together about her problem lol

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jonni2bad

jonni2bad

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We are talking, behind the scenes as it were, about this. I believe it's a 'Right of Appropriation'. Will be talking to CAB and CCCS etc over the next few days to gleen more info, and then we can prepare a letter.

 

In the mean time, maybe her best bet is to open a BASIC bank account with another bank, transfer everything across there, and effectively start from scratch.

 

Do a search for Basic Bank Accounts for more info.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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sachmo

sachmo

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Thankyou very much. Ill tell her to sort another account out. She still has no statements or anything from them and its 40 days this Sunday. They're either inundated with these requests or taking the p***. I wouldnt be too bothered if it was my money, but shes been through a really bad time because of all this, and im hurting too, and fuming. Thanks again.

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sachmo

sachmo

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She received her statements on 20/5 so I reckon I was right they are taking the p***. Its only because 21/5 was on a Sunday that she received them 1 day before the deadline. Anyway the total they owe her is £763.00, but it will be a bit more when she gets her latest statement. The prelim letter will be handed in to her bank tomorrow.

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jonni2bad

jonni2bad

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Excellent news - remain strong now until you get it all back.

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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sachmo

sachmo

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LBA handed into bank friday 18/8/06 - 14 days before we submit claim - they owe her more money now £884.00. I sometimes find that i cannot get onto this site, but will try to keep you updated. Thanks for all help so far.

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jonni2bad

jonni2bad

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Best of luck...

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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sachmo

sachmo

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This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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