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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.
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    • 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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Very.co.uk & their £12 default charges


martin4963
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Hi,

Just before I take this matter to the ombudsman, I`d appreciate the forum's take on the following:

 

Very.co.uk have charged me a £12 default charge because I made a payment of £80.00 on 1st July

for payment due date of 25th July and

 

 

are classing it as an overpayment on the previous month,

 

 

the due date being 27th June,

 

 

citing their reasons been that my next statement hadn't been printed and was only generated on 5th July.

 

 

I disagree and dispute the default charge in it's entirety.

 

My point of view been that any ADDITIONAL payment I make AFTER the due date,

 

 

should automatically be allocated to that months payment.

 

 

This is the response I have received from their "Customer Excellence" department in Bolton,

 

 

and further advise me that this is their final response to the matter

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The £12 default charges are reclaimable... But yes it seems silly that youve got charged a default charge for overpaying to help you out?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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if you pay within a 28 day cycle and the statement date is after the credit date then they do not carry that payment as next due payment within the next statement i.e. pay twice within charging period but statement due date after payments recorded then next month shows as no payment received, I had this with HSBC years ago.

 

But the default £12.00 is claimable back from them, have you spoke to them?

:mad2::-x:jaw::sad:
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It's so little, that it's not really worth taking any direct action about it. Instead, why don't you simply take their final response and use it as the basis for bringing a complaint to the ombudsman. That will cost them about £400.

 

These people are crazy and have no sense of proportion. Begin the ombudsman complaint and see what happens. I would suggest that even if they put their hands up and pay the money, that you still insist that it goes to the ombudsman because you need clarification.

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Thank you, I agree it is a piddling amount and a part of me says that "they're obviously in greater need of £12 than I am, so roll over play dead and let them keep it",

but on the other hand, how many £100's and £1000's are they skanking off their customers simply because they do roll over and play dead ?

 

The ombudsman it is !

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