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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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Home Serve Water Pipe Supply insurance - let down


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Not sure on this one, so thought I start a thread here for some opinions.

I have had a water supply pipe insurance with Home Serve and have had this for I don't know how many years. It was initially advertised by South West Water and provided by Home Serve. Initially it only cost £2 a month but over the years has crept up to almost £20 a month.

It is supposed to cover you for leaks of internal and external water supply pipes which are your responsibility as a home owner.

 

I never actually used it over the years even when the price slowly crept up I always kept it 'just in case'. I am attaching their advertising flyer which they keep sending me when the insurance is due for renewal.

 

Now two months ago I actually did have an emergency where a hot water supply pipe burst under my kitchen sink. Hot water was pouring out and turning off the main stop cock didn't stop it. The kitchen and hall floors were covered in hot water and the steam was setting the smoke alarms off in the house.

I called Home Serve and asked made a call out.

They then said they couldn't come around for a week. This happened on a Monday and they said the earliest appointment they had was next Saturday, whilst water was pouring out and pouring out.

 

I told them Saturday wasn't good enough, I needed someone right away, so they said they maybe able to get someone just to come around and turn all the water to the property off, but I would be left without water for a week then.

 

I again pointed out this wasn't acceptable and they said they would call me back.

 

I couldn't wait so I called an Emergency Plumber who came around within 45 minutes and fixed it. That cost me £300, with call out charge.

 

When Home Serve finally called me back hours later it had been fixed and I was just mopping up and surveying the damage to the laminate flooring.

 

I told them their services weren't needed anymore but I wanted to make a complaint about the service received.

 

So I raised this as a formal complaint with them over 8 weeks ago and also sent them receipts for the £300 total I had to pay.

Last week I received a cheque for £93.55 from them , an accompanying letter said they would in such cases only refund what it would have cost them if they had fixed it but were prepared as a gesture of good will to up it to £150, half of what it cost me.

 

I told them I would accept this only as part payment, as I would like to have the whole £300 reimbursed, as I took out this insurance for events like this and didn't expect to be told I would have to wait a week for someone to come out and fix a problem.

 

Is this something worth taking to the insurance ombudsman or small claims court ?

Or do I just have to suck it up ?

 

 

 

Document_2023-04-28_191214.pdf

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or ring your bank and do a direct debit guarantee reclaim for every DD you've ever paid them.

 

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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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The problem with Home Service and any of the Home Emergency Insurance, is that these companies don't have enough contractors to actually carry out the emergency works.

 

In many such situations, people end up calling out their own local contractors to complete the work.

 

If you really want this type of cover, then possibly it is best to have as part of a Home Insurance extended cover, rather than as a standalone product.  But you may still end up calling your own local people out, but then have more chance of the Home Insurers covering the cost you incurred.

 

Yes you can go to the FOS to complain about Homeserve, but need a final response letter from Homeserve.  Or issue them with letter before claim saying they are in breach of the contract in not providing 'emergency' works and that you will issue a County Court claim unless they pay the full amount.

 

 

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I think I had this insurance for over ten years at least, my bank would love me 🙃

 

I'll take this to the Ombudsman first.

 

The website says if the complaint has been unresolved for over 8 weeks you don't need a final response letter, you can start the complaint without one. I'll give it a go.

 

You'd think though if they advertise the service as being there when you need them, that is what can be expected.

 

I get it that they don't have enough contractors , but their call center should then be able to do what I did.

 

Get a local emergency plumber out at their expense. Over the 10 plus years I paid them enough I would have thought. 🤷‍♀️

 

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