Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3361 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I'm confused. If we can't post questions on here now, what is the point of this section.

 

I have only just got on here today, as my laptop has died. I see the point of not having threads disrupted by wazzocks, but surely people are going to wonder what can be posted now - I do!

 

I don't want to cause any difficulties, but I thought the whole point of a forum was to discuss things. People are likely now simply to go elsewhere for their advice which may or may not be a good thing. Personally I'd rather source my advice from this site.

 

Just expressing my humble opinion. I can always post elsewhere I guess.

Link to post
Share on other sites

I think the main worry is/was a lot of the useful people

were almost solely starting/posting on 'discussion threads' or 'information threads'

or threads indicating advice elsewhere was wrong and not helping our users

 

 

it became 'the norm' over a long period pf time and there is/was a need to focus people.

 

 

after all CAG is here to help others.

 

 

dx

 

 

 

 

we don't mind discussion, but urge those in the know to help

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... 

Link to post
Share on other sites

I agree totally with that dx. I think it is wise for CAG to refocus on what it does best, help people. My worry is that people will go elsewhere fortheir advice, and that would be hugely detrimental to them.

 

Also, with legislation being unpicked in detail among a few people here, it helps us all, and I mean all, to understand things better. I can see this area of the site may not be the best place to do it, but it will have a running commentary wherever it appears, ridiculous though that is.

 

I support wholly regaining the focus of this section and making CAG THE place to come for sensible, impartial bailiff help.

Link to post
Share on other sites

people don't look at discussion threads when they post here for help

 

 

many users don't even have a clue how to even post a thread.

let alone see/find these 'discussion threads'.......

 

 

so the notion of 'they'll go elsewhere' is IMHO a bit flawed.

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... 

Link to post
Share on other sites

I hope sincerely you're correct. I know if you have just received a letter from a bailiff and start to panic, you're likely to hit Google. Put in just the word 'bailiff' and your first option is not CAG. It is not one I would personally go to either. 'bailiff help' does not bring up CAG, and again does not bring up one I would go to. 'bailiff advice' does bring up a site I would happily use, but not far below is another I wouldn't choose to use.

 

I appreciate what is being said here, but wonder what, exactly, does bring people to this section of CAG. Something clearly does, as it has a lively and successful section.

 

As said above, I'm fully supportive of a 'refocus', but I think we'd all be mortified if people went elsewhere when we know this is the best place to post for help. :-)

Link to post
Share on other sites

Perhaps we need to collaborate on what ifs referenced to the regulations, so

 

1: bailiff has sent a letter = engage within the compliance stage period to arrange a payment

 

2 if sensible affordable repayments are arranged Great

 

3: EA is obstructive refuses all reasonable offers, visits and applies the Enforcement fee, we need to focus on options and look at the Regulations to see if there is a ground for challenge, as it stands the regs are clearly set up in favour of the EA rather than any formal redress for the debtor. for Equita being Equita (just used them as a metaphor for lying cheatring bailiffs as they were the ones who engaged in widespread upfront fee fraud blatantly under the old system)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Lol, has this not turned into one of those discussion threads that everyone is so keen to avoid.

 

I have to agree that most threads on here are now just one or two posters going into fine detail about one subject or another often just a matter of semantics. If i were a first time visitor i would be a bit afraid to post because a lot of the discussions are way beyond what a person who does not understand the legislation can comprehend.

 

Saying all the above though,when someone does ask for help the advice given is very good and helpful,but i have noticed that even after good advice is given it can drift again to the nit picking about relevant legislation or the interpretation of a sentence,this is no help to people looking for help later when they come to the site and is of no benefit to someone desperatly seeking a quick and helpful answer.

 

Apart from all that this is a great site:-)

Link to post
Share on other sites

Actually Welsh1, it is that level of attention to detail which makes this site stand above all the others out there. I appreciate it is hard to follow unless significant chunks of time are taken up reading and discussing legislation and the way it works in practice, but some of those nit-picking issues which appear to be mere semantics are far from.

 

Point taken entirely about reading and possibly being overwhelmed, though it can be quite comforting as well to know people are taking that much trouble to ensure things are correct. I don't think a single person on this site would claim to understand the legislation fully. Certainly I know that three of us who frequently talk in depth about these issues cannot agree on a point which could soon prove critical to get right.

 

Point taken also about this turning into one of those threads, but it is for the benefit of CAGGERS present and future that the site must get this right. The discussion has a place, but where and when?

 

I think the idea of a basic guide which answers the most common questions is a brilliant idea, and one which is easily achieved in the fullness of time. Meanwhile I think Bankfodder et al are correct in saying CAG lets people post, we answer as best we can and move on to the next problem. Whether it is possible to be that simplistic remains to be seen, but it's a fair aim. :-)

Link to post
Share on other sites

The new regulations came into effect nine months ago and it was natural that a lot of 'debating' and 'discussions' would take place between all 'regular' posters and that was to be wholly expected given that we not only had the Tribunal, Courts & Enforcement Act 2007 to consider but we also had the Taking Control of Goods Regs 2013, the Taking Control of Goods (Fees) Regs 2014, the TCE 2007 (Consequential, Transitional and Savings Provision) Order 2014 and recently, the amended Criminal Procedure Rules 2015.

 

Now, we all seem to have a far better understanding of the regulations and this is apparent in the high quality of answers provided on the forum. Yes....we will all make mistakes in the future and that too is to be expected. None of us are perfect and I would be the first to say that I have made mistakes in the past and will very likely continue to do so for quite some time yet.

 

A turning point was made a couple of months ago when we were all 'debating' a complicated (but nonetheless very interesting subject) of bailiff fees for Attachments of Earnings. Sadly, that thread and many others since then have been ruined by 'trolls' and this is not only a waste of everyone's time but can be very hurtful to individual posters on here (myself included).

 

Going forward, we should all be focused on continuing to provide the excellent quality of responses to which this forum is well known. The government promised to review the regulations by April (the one year anniversary) and this 'review' has been ongoing for quite some time and announcements will be made by the relevant bodies at the appropriate time.

 

There is a huge amount of information forthcoming at this moment in time from various sources (including new procedures for Magistrate Courts when dealing with Statutory Declarations) and instead of debating the subjects here on the forum I will ensure that regulars posters are provided with copies so that we all have access to accurate and up to date information.

Link to post
Share on other sites

I should mention as well that I have just about finished a Simplified Guide to the Taking Control of Goods Regulations which is supported by links to the actual legislation. I will contact the moderators shortly to see if they want to feature the Guide in their Library. In the meantime, I will be sending copies to all regular posters on here.

Link to post
Share on other sites

I should mention as well that I have just about finished a Simplified Guide to the Taking Control of Goods Regulations which is supported by links to the actual legislation. I will contact the moderators shortly to see if they want to feature the Guide in their Library. In the meantime, I will be sending copies to all regular posters on here.

Brilliant, will aid whoever amongst the regulars is around to give prompt concise accurate advice.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

I cant wait to read it.

 

It will help us be consistent in any advice offered and allow access to the correct documentation to quote from.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...