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    • 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?
    • 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    
    • 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 
    • 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.  
    • @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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Insurance won't pay out and now accusing us of fraud!!! HELP


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Thanks for your reply. I can't dispute it now as the decision was made by the Ombudsman. The Ombudsman decision was final, unless I wanted to take them to court. They were made to pay out, but said they had every right to cancel as it looked like we were trying to gain financially from both policies. We've still got no insurance and I am not really sure who to go to and what to say to the next insurance. It seems very unfair to be accused of fraud when it simply was not the case

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Thanks for your reply. I can't dispute it now as the decision was made by the Ombudsman. The Ombudsman decision was final, unless I wanted to take them to court. They were made to pay out, but said they had every right to cancel as it looked like we were trying to gain financially from both policies. We've still got no insurance and I am not really sure who to go to and what to say to the next insurance. It seems very unfair to be accused of fraud when it simply was not the case

 

Try Bureau Insurance services, Home Protect, Towergate. Might be expensive, but you will be able to obtain Insurance.

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  • 3 weeks later...

it isnt there, the ombudsmans decision determined that there was no fraud so if they have a fraud maeker you can complain to the ICO and also sue them for your losses for false reporting of data as per Durkin v DSG and others.

The insurance co doent have to accept your business though and I wouldnt want to give it to them anyway. You twell your next insurer that you made a claim for whatever on the such and such date and leave it at that

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  • 1 month later...

Hi Guys

 

I am still having trouble finding building and content insurance.

 

When mentioned the fraud on our account, they just refuse to insure us.

 

My question here is...

The last policy was in my husbands name only.

Can I insure the house under my name??

Even though we're married with the same surname.

 

It's been over 18months now with no insurance and its making me nervous as I want to do building work to the house and the mortgage company don't know that we've got no building and contents. Please someone tell me the way forward.

 

Hi Thanks for getting back to me.

 

Unfortunately I've just re read the ombudsman letter and even thought they made them pay out, they also said that one of the policies was right to cancel due to fraud.

 

I don't know how to get any insurance now.

 

Can I apply for insurance in my name who will it be a marker on the house?

Edited by dx100uk
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You only have to have buildings ins under mortgage rules

And even then if you can't afford it..tough luck on them

 

Yes you can use your name..sorted!!

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... 

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when they ask you questions you answer them but do not volunteer any information.

 

so if they ask if you have had a claim you say yes and leave it at that unless they ask for dates and then you tell them the dates, you still dont go into a long story about this.

 

there is no fraud on your account, that has been decided so stop mentioning it

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Thanks so much. I only intend to get building insurance, and put £20 PM away for my own insurance, as we had a 15year no claims on this policy. So when I call up and they say have you had any policies before do I just say no, because its not been in my name?

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yep

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... 

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