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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.
    • 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
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forgot to take money out of cash machine


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I've just withdrawn thrity pounds from a tesco cash machine using my natwest card, on getting to tesco (10 seconds) I realised i hadn't got the money. Ran back the slip was there but no money. does anyone know how to get the money back or is it automatically repaid to my bank account ? very worried...

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It's really worth checking with Your Bank & Tesco, or whoever is responsible for the ATM.

 

After X amount of seconds I believe the Money if not removed is sucked back into the ATM, the slip isn't, but your bank should be aware of this. It's also worth checking if the ATM is covered by an internal or external CCTV, soonest.

 

It seems as if in your case though that the cash has been removed by a.n. other, therefore CCTV maybe your best bet, oh and inform the police (soonest) after you've checked with your bank and confirmed the withdrawal.

 

Good luck

 

Just for interest:

[please do not post advocating fraud]

 

Sorry - But several years ago I spoke with a HSBC Banker. 1st Party fraud, especially at ATMs was a problem, and this was pre Chip & PIN days, i.e. before PINs were automatically issued with credit cards. But your right and I do apologise. On the other hand unless we know how these crimes are committed, we can't combat them.

 

(On the other hand you could give people ideas how to commit fraud - I understand your thinking but please refrain from posting it again)

I won't, but I'm glad that SHELL held up their hands when their PIN entry devices were hacked, and millions lost.

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Hi

My mum did this a few years ago after the death of my stepfather and her mind was all over the place. What happens at ATM's in my mum's case anyway is that if the money is not taken from the ATM the ATM pulls it back in. She had no problem with the bank and the money was credited back into her account very quickly.

24th August 2006 Template letter to Argos demanding late payment fee of 17.50 is returned.

 

Argos late payment fee of £17.50 is returned.

 

22nd Nov £5 late payment fee returned by BT.

 

Virgin credit card 2* £12 overlimit fees, LBA issued early Nov..... awaiting news

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This happened to me and my statement just showed the money as being debited and then recredited.

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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I had the same problem. Had to wait for the bank to check the ATM at there usual time. Evidently it wasnt drawn back in and it wasnt covered by CCTV so they claim it must have been me or ANother that took it. £40 lost

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You will need to go into your bank and complete an ATM dispute form. If it has been sucked backed into the machine you should get the funds back into your accont within 5-6 weeks. If someone was behind you at the atm they may have taken the money which means you are 30 quid out of pocket.

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Karne, if I explain it in full it would be a bit long winded. What effectively happens is that the form goes to an ATM claims team who make further investigations, they then contact the atm supplier who have 10 working days to respond and then the money should be credited back. I do feel embarrassed having to explain this process to customers who may have had only £10 deducted, but you have to advise the timescale involved.

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  • 4 years later...

i was in preston lancashire and used the lloyds tbs cash machine to withdraw 300 pounds but i took the card and left without taking the cash. I checked with the bank and the 300 has been debited. I think some one behind me took it

 

i have reported to the police and i am waiting for a appointment to explain it

 

hopefully the cctv on the atm would have caught it

 

the atm was on lancaster road preston

 

im gutted!!!!!!!!!!!!!

 

Ps any ideas how i can go about getting my cash back any one helppppppppp

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immmy its gone! nobody responsible but you, just as if you dropped it and somebody piked it up.

illegal but thats what happens unless they hand it in to police or back to the bank; not likely tho.

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Which bank are you with? I did something similar a few weeks ago - withdrew 30 quid, took my card and left the money!!

 

I spoke to hsbc who raised a dispute with the ATM owner (lloyds) and organised for me to be recredited with the £30 in the meantime. It got me out of a hole at least!!

 

Hsbc then wrote back to me a few weeks later telling me that the machine reconcilliation didn't show a discrepancy so they took the £30 back but I didn't mind so much as by then I had been paid again and wasn't down to my last few quid!!

 

It is annoying when it happens but there may be something you can do x

"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

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Hi All

 

Thanks for all your advice, but i have managed to retreive my money . what happened was that the money was suched back in to the machine and the banks cash machine did not balalnce and as result i recived a call and my money was credited back into my account

 

A really lucky escape.

 

regards

 

immmys

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