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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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      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.  

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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.

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      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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My husband passed away a few week ago not done anything financial except cancel a few direct debits

 

 

His yearly pension forecast came today so I phoned them they asked who I banked with they then offered to inform the Halifax on my behalf as they were part of the same company (I said no)

 

 

The Halifax account is a joint account I am the Main Account holder

 

Will they freeze /close the account when i inform them this is my main account ?

 

My husband has 2 halifax credit cards both up to date with payment dont want to stop payment incase they take the money i have in the bank (offset) can they do this ?

 

Can they offset the credit card debt against his pension ?

 

 

Thanks for reading any gidance would be helpfull

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Hi hallowitch.

 

 

I'm so sorry to hear about your husband. :hug:

 

 

I've flagged your thread for the site team, I expect they and others will be along to advise. Don't rush to tell the Halifax, when my mother died I was advised to leave the bank account open and notify them when it suited me.

 

 

Best, HB

Illegitimi non carborundum

 

 

 

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if he is named on an account then yes they can offset.

 

now if the fact of his death makes any legal change here i'm not sure

 

you say the cards are in his name only and that you want to keep paying.

not sure you can..surely legally they must close the cards accounts down and will be after the money from his assets/estate

 

have you got a sols involved?

might it not be prudent to get a parachute account opened and move all possible income and income payment to one they cant get their muggy hands on?

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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My husband passed away a few week ago not done anything financial except cancel a few direct debits

 

Please accept our deepest condolences hallowitch.

 

 

The following is an assumption that you both credited the Halifax current account and that the payments for credit card came from the same account.

 

His yearly pension forecast came today so I phoned them they asked who I banked with they then offered to inform the Halifax on my behalf as they were part of the same company (I said no)

 

Set up a new current account away from Halifax....no connections

 

The Halifax account is a joint account I am the Main Account holder

 

Will they freeze /close the account when i inform them this is my main account ? Dont inform them yet ..you are the main account holder

 

My husband has 2 halifax credit cards both up to date with payment dont want to stop payment incase they take the money i have in the bank (offset) can they do this ?

 

Possibly as he was an additional holder..although not the main...once you have a new current account in place with all your DD/SOs set up and payments running in...inform them of his death and enclose a copy of the death cert..dont make any further payments.

 

Can they offset the credit card debt against his pension ? Not if you tell them to pay the pension to your new account.

 

 

Thanks for reading any guidance would be helpful

 

Andy

We could do with some help from you.

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nationwide, co-op or post office are good and you can do the application on line.

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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Sorry for your loss. Your joint account will be changed to sole ownership.

 

The credit card will have to be paid from your husband's estate. Whether his pension forms part of his estate depends on the arrangement.

 

I'd recommend that you seek independent advice on this one. If you don't get this right you in the future you might have an inheritance tax liability, have a creditor try and make a claim on the estate

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Sorry for your loss. Your joint account will be changed to sole ownership.

 

The credit card will have to be paid from your husband's estate. Whether his pension forms part of his estate depends on the arrangement.

 

I'd recommend that you seek independent advice on this one. If you don't get this right you in the future you might have an inheritance tax liability, have a creditor try and make a claim on the estate

 

Assuming there is an estate ?...If not they will have to write them off...hence the need to distance from Halifax...hence the need to get the pension paid to a new Bank.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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no estate No savings he went self employed in april and we kitted out a van and other expense's no life insurance no idea how it happened but his policy is accidental death only might manage to pay this months and next months mortgage but that's it

 

 

so its all a bit of a mess

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There is an estate (it just a term that refers to all the money and assets owned by the person). But if it's insolvent then there's no funds to pay the debts so creditors don't have a choice.

 

It's a wasted effort opening a separate account as you can't just choose what forms part of the estate. Debts also have to be repaid in priority order - secured creditors first, funeral expenses next and unsecured debts like credit cards are toward the bottom. Most pensions allow inheritance so can be left to a beneficiary without becoming part of the estate. The joint account will move to sole ownership.

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