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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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2 Cap1 cards, one defaulted the other with late markers.


Elliot2011
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I'm seeking some advice on how to manage my current debts.

My credit score hasn't been brilliant since making some silly decisions when younger, but I had been making large steps in improving my score and almost cleared the majority of my debts.

 

Unfortunately over the past 6 months my partner has suffered with mental health issues (some of which manifest in a physical way and require her at times to have 24 hour care).

 

Her illnesses cause her to be off work from two weeks up to over a month depending on the severity of the episodes.

 

During these times I've either had to be off work so we have had no income at all for significant periods, or I've had to have family members help and use a much loathed credit card to cover basic bills.

 

The good news is I'm up to date on my rent and council tax.

Electric and gas bills are also up to date, and an affordable plan in place to cover my water bills.

 

I am however concerned about my credit card debit

, it's got to the point where I almost reach a time I can afford to clear the debt almost totally and then my partner gets ill again and I suddenly have no disposable income.

 

I think the credit company have become frustrated (understandably) with lack of payment.

I have tried to explain the situation to them but they don't seem to really read my letters and keep asking for proof that I myself has been ill, which isn't the case.

 

I want to get the debt under control and clear it as soon as possible and I am just looking for advice on how to handle it. Currently showing one in late payment and one about to default.

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I think the starting point is probably to start listing out your debts here.

 

It was the creditor, when was the debt taken out, how much is outstanding, when were last payments made – et cetera

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Without knowing more about all of the debts you have, it is difficult to advise. I guess what you are trying to avoid is defaulting on credit cards, as that might mean increased interest rates making it more difficult, credit record black mark and possible CCJ at some stage. Also the credit cards are your current safety net and if you lose these, then you would be in more difficulty.

 

Your main issue is your partners health and it affecting household income. I wonder whether you qualified for any government help during these period e.g tax credits, carers allowance, universal credit. Did you investigate ?

We could do with some help from you.

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Well done for dealing with your priority debts, rent, ctax, utility bills (less clean water).

 

These are, as you have correctly established, your PRIORITY, and MUST be paid, otherwise things will go from bad to worse.

 

Have you checked your credit file?

 

When did you take this credit card out and WHO is it with?

 

CC's are a NON-priority debt, have you informed them, in writing, that your circumstances have changed?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If you've got defaults paying off the debts in bulk won't help

Hope you are not paying any powerless dca's

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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A free debt advice group, like Step Wise or CAB may better advise you.

You may need to compile a monthly statement of savings, income & expenditure.

CCs may not be a priority debt but can be used to defer payments if paid off in full by the Statement date, otherwise they are an expensive form of credit.

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Thanks for the replies.

 

Yes I check my credit score weekly using the free Experian service and ClearScore as I have been really trying to improve my financial standing and wanting to correct past mistakes.

 

Both credit cards are with Capitol One.

 

 

One I've managed to keep up the minimum payments on most months but it does show late payments, the other is now defaulting.

 

 

I have tried to explain my change in circumstances to them but it seems as though they don't fully read my letters and keep asking for proof of my own Ill health,

which isn't an issue,

it's the situation created by my partners ill health that's causing financial hardship.

 

I'm not paying any DCA's.

 

Currently unsure what help government wise is available.

 

 

My partner was forced to apply for PIP after being awarded DLA for life, and as many people with mental illness are finding she was denied and is currently appealing.

 

I will try one of the free advice agencies too thank you.

 

 

I thought I'd ask here as the advice received previously when I was dealing with an unruly council was excellent.

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ill pop in later

 

 

bit busy today.

 

 

dx

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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Share on other sites

well in all reality you are going to default on both

so 6yrs bad credit rating sadly whatever you do

 

 

you are quite correct in not sending medical info.

it wont make any diff and its none of their business anyway.

only a judge can demand such info.

 

 

how old are the cards please

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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