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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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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Problems with the world today


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It feels like more and more people are needing top ups from the government in order to make ends meet. How did we get to such a sorry state..

 

Its a vicious circle.

 

If state pays top-ups, employers can pay less and make more profit

 

If state doesn't pay top-ups, employers pay less and we all go back to victorian times before even properly leaving them behind

 

If the state demands a minimum wage, then proxy slavery is abolished and there are less jobs for unskilled or those services cost more

 

There are possible benefits in that a subsidy by the government would be cheaper than paying unemployment benefit, but it gets to be such a tangled web that policy and planning based on such is almost impossible.

 

Note that really wealthy countries (where everyone is considered wealthier than average) a cup of coffee or a sandwich from a 'bar' costs more than here and taxes are higher, but the society is often envied.

Now I think that is the way to go.

 

 

Blame the Tories? No

Blame Labour for not dealing with it in a more socially acceptable way when they could and should have done.

They would have lost the election following, but would have done the right thing for those people who would kick them out for it.

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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I know you will find fault with what I say, it seems to be a pastime to do so, but the problem today is it's a 'now' world. We have to have things today.

It's not necessarily that people can't make ends meet. Look at the amount of food thrown away in this country, enough to make a few of these African countries we see on the telly adverts obese.

 

Our mums and dads didn't throw it away, they used every ounce of food, boiling up the chicken bones, adding dumplings, lentils and veg and making a hearty stew which not only did the family enjoy, but was nutricious.

 

None of that appears to be happening any longer, if there isn't the money to buy Kentucky there are complaints that the kids have to go hungry instead of cooking up a meal from what they have.

 

We made do with a radio until such time, maybe years, that there was enough savings to buy a tv. Now not only are we demanding a tv, we are demanding the latest model even if there is nothing wrong with our present one.

 

You can see where I'm going with this so I will say no more and though you might pick it to bits, you all know that I am right.

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I know you will find fault with what I say, it seems to be a pastime to do so, but the problem today is it's a 'now' world. We have to have things today.

It's not necessarily that people can't make ends meet. Look at the amount of food thrown away in this country, enough to make a few of these African countries we see on the telly adverts obese.

 

Our mums and dads didn't throw it away, they used every ounce of food, boiling up the chicken bones, adding dumplings, lentils and veg and making a hearty stew which not only did the family enjoy, but was nutricious.

 

None of that appears to be happening any longer, if there isn't the money to buy Kentucky there are complaints that the kids have to go hungry instead of cooking up a meal from what they have.

 

We made do with a radio until such time, maybe years, that there was enough savings to buy a tv. Now not only are we demanding a tv, we are demanding the latest model even if there is nothing wrong with our present one.

 

You can see where I'm going with this so I will say no more and though you might pick it to bits, you all know that I am right.

 

Not sure what this has to do except indirectly with the topic,

but +1

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

Link to post
Share on other sites

Now as someone that is normally on the other side of the fence to Coniff

 

I know you will find fault with what I say, it seems to be a pastime to do so, but the problem today is it's a 'now' world. We have to have things today.

It's not necessarily that people can't make ends meet. Look at the amount of food thrown away in this country, enough to make a few of these African countries we see on the telly adverts obese.

 

Agreed - Although it is good to see more initiatives like this starting up http://www.mirror.co.uk/news/business/tesco-give-unsold-food-homeless-5819240

 

Our mums and dads didn't throw it away, they used every ounce of food, boiling up the chicken bones, adding dumplings, lentils and veg and making a hearty stew which not only did the family enjoy, but was nutritious.

 

None of that appears to be happening any longer, if there isn't the money to buy Kentucky there are complaints that the kids have to go hungry instead of cooking up a meal from what they have.

 

2 words - BAD EDUCATION - Kids at school used to eb taught how to cook and these skills passed to their children. This has stopped. Also lack of Financial Education as well.

 

 

We made do with a radio until such time, maybe years, that there was enough savings to buy a tv. Now not only are we demanding a tv, we are demanding the latest model even if there is nothing wrong with our present one.

Global rise in consumerism powered by a global desire to enslave everyone into debt. Offer cheap credit, enslave a population. To do that you need to drive the "Now Idealogy" Welcome to Capitalism

 

However this is only part of the problem.. Especially in this country there has been a growing level of inequality that has forced people to use credit to survive. one such area - Rental expenses and the proportion of an average persons salary has massively increased along with energy and other utilities. People have given up saving as now a days most people do not have the spare cash to put aside.

You can see where I'm going with this so I will say no more and though you might pick it to bits, you all know that I am right.

 

Ironically you do identify legitimate issues. Its just the bigger picture in my opinion is more in depth and broader.

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Now as someone that is normally on the other side of the fence to Coniff.

 

I don't really see how you can be on the other side of the fence as I'm not really on either side, I take my cue from what happens on the day. I don't have a hard and fast line and that's it no matter what.

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2 words - BAD EDUCATION - Kids at school used to eb taught how to cook and these skills passed to their children. This has stopped. Also lack of Financial Education as well.

 

Only partly, and smaller partly at that in my opinion.

Kids were taught and exampled the method and the simple rightness and normality of this sort of practice and many other good and right practices by their parents

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

Link to post
Share on other sites

It's not just individuals that throw food away, don't supermarkets do it all the time ?

 

When it's reached the best before or sell by, they have no choice. They do it with stuff reaching that date and still a few days on it, usually because a new palet of goods have arrived and if it's put on the shelves no one will buy the older stuff so either unattractive shelves with a few items on or a stacked shelf that draws attention.

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It's not just individuals that throw food away, don't supermarkets do it all the time ?

 

 

See the link in my post #4

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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The £30 billion + in unpaid corporation taxes would make a massive difference. Could you imagine the choices a government would have if they received the full amount of tax that should be due. They could reduce personal tax rates, build more social housing, subsidise a better public transport system etc.

 

I am pro EU, but under EU rules companies can export UK profits to their businesses elsewhere within the EU, so they can pay less tax. I note that this is one EU rule that Cameron does not want to renegotiate, as he believes in tax competition. But this means UK Treasury does not receive the full taxes companies should pay on UK profits. Some of the profits made in the EU, end up being invested away in tax havens. There is an estimated $40 trillion held in tax havens globally, owned by companies and very rich people.

 

Current capitalism does not work, because much of it is being done in a way that is not really helpful to nation states. The Tories in particular are servants of private equity investors and large corporations, in the same way as Tony Blair was. Whether this is structly necessary or whether nation states can avoid being in hock to private investors, is a question people should ask.

We could do with some help from you.

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Costa is probably the best example of that. They buy coffee at a price, sell it and make a profit and then pay taxes on that profit, but the way they got around it was to set up a seperate company in another country to buy the coffee at the price offered and then that seperate company which is still part of costa sells it to the shops as such an inflated price that the shops don't make a profit so don't pay any taxes.

Costa itself makes huge profits from it's offshoot company and sees off the treasury.

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Costa is probably the best example of that. They buy coffee at a price, sell it and make a profit and then pay taxes on that profit, but the way they got around it was to set up a seperate company in another country to buy the coffee at the price offered and then that seperate company which is still part of costa sells it to the shops as such an inflated price that the shops don't make a profit so don't pay any taxes.

Costa itself makes huge profits from it's offshoot company and sees off the treasury.

 

All sorts of dodges are done.

 

I heard of a business that was due to be sold, investing in Belgium, so the Directors could save paying milllions in capital gains tax. They had to live in Belgium for a period, so that they could comply with tax residency rules. Accountants around the country are advising their clients how to dodge tax on a daily basis.

 

Look at London, where huge sums of money are being paid to buy property, much of which is not viewed before buying. How much if this is done via an investment company with a registered address in IOM, channel islands, Luxemborg etc.

 

Locally a developer using a trust based in Jersey moved the profits back to Jersey, presumably in a way that reduced taxes that would be due. I can remember a programme that looked at just how much UK business is done via nearby tax havens, when the business only had a brass plate in say Jersey.

We could do with some help from you.

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I don't as much put the blame on the companies or the accountants, but on the law makers who have known of these dodges since Queen Victoria and have done nothing but talk about them.

 

But having said that, it can't be that easy to just close a loop-hole without the risk of upsetting big business so much that they pull out and move abroad which kinda defeats the object or makes it worse as there are also more people out of work.

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I don't as much put the blame on the companies or the accountants, but on the law makers who have known of these dodges since Queen Victoria and have done nothing but talk about them.

 

But having said that, it can't be that easy to just close a loop-hole without the risk of upsetting big business so much that they pull out and move abroad which kinda defeats the object or makes it worse as there are also more people out of work.

 

It is a judgement call, as to how far you go in pursuing taxes from businesses and wealthy. Yes you don't want them to leave the country taking their money with them. But it has to be a fair situation. I

We could do with some help from you.

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It is a judgement call, as to how far you go in pursuing taxes from businesses and wealthy. Yes you don't want them to leave the country taking their money with them. But it has to be a fair situation. I

 

Why not?

They aren't paying their way, they are effectively being subsidised.

Get rid of them and something will jump in to fill the gap - hopefully better for the country if they know they wont get away with crap..

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

Link to post
Share on other sites

Why not?

They aren't paying their way, they are effectively being subsidised.

Get rid of them and something will jump in to fill the gap - hopefully better for the country if they know they wont get away with crap..

 

Yes they are in many ways. Another biggie is tax credits which is to make up for lower wages.

 

Someone described London as the tax avoidance capital of the world due to very loose tax rules. You can live in the London area, claim non dom status, enjoy the top private schools, enjoy the theatres/sports, better security than most places, invest in UK assets via variious offshore schemes and manage to pay very little tax on earnings as overseas earnings is not taxed.

We could do with some help from you.

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Why not?

They aren't paying their way, they are effectively being subsidised.

Get rid of them and something will jump in to fill the gap - hopefully better for the country if they know they wont get away with crap..

 

Yes, I believe most of these threats to be empty, and those that are not - if it's an area money can be made in, then another (tax paying) company will fill the gap.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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