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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.
    • 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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    • 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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      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.
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      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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Trying to cancel O2 sim only deal within 14 days cooling off period is proving to be difficult!


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Hi Gaggers,

On 4th February, I received a phone call from Virgin media/02 and was offered a too-good-to-be-true offer which I gladly accepted.

I soon discovered that I was not getting what I agreed to.  Such as, Spotify and Disney + for the full term of the contract.  I did ask the salesman to confirm the deal in writing but he said that he couldn't and everything would be sent to me in an email, which I never received.

The SIM card arrived a few days later, I signed up for the O2 app on my mobile and discovered that I Spotify was not included.  I decided to cancel.

I went to the O2 store and they said that they could not help me as the sale was conducted over the phone and I have to contact O2 by phone.

Three times, over three separate days I have rung O2, by placing the sim in my mobile and dialling 202. 

After over 30 minutes wait to speak to someone I am repeatedly told that their system in down and it is bot possible to confirm close the account and that I should call back the another time. 

I am increasingly worried my 14 days is being run down to zero deliberately. 

I have about 5 days left of my 14 days cooling off period and wanted to reach out to CAG to see what else I could do to cancel this SIM only contract?

Their mobile phone app and website is designed to run a circle around you and not get you anywhere.

Any suggestions would be much appreciated - I thought I would contact CAG now and not after 14 days has passed and cancelling becomes much more tricker.

Thanks

 

 

 

 

 

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Wait for more replies but if I were in your position?

Send them a letter to their head office giving formal notice to cancel. Send special delivery so you can prove they received it within the 14 day cooling off period.

Send a duplicate of that letter by email to their complaints/customer relations dept so you have email proof as well.

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Thanks Whitelist,

I was thinking about doing that.  The Consumer Rights Act states that I should not be inconvenienced and by writing a letter and going to my post office and sending via recorded delivery, I will be! 

I will wait for other replies...

Thanks again for your reply :)

 

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This is where I will disagree.

If you need to elevate the dispute to the Regulator you will need to prove that you acted within the 14 day cooling off period. For that you will need a confirmed paper trail. For the cost of a signature on delivery it will save a lot of hassle down the line.

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Up to you, but as stated previously, you need a paper trail

The more sources look better for you rather than get stuffed in a contract you cannot get out of.

It shows your commitment in trying to resolve the dispute by acting reasonably and leaves them little room to maneuverer.

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As you are being advised, send the cancellation by letter and by email. Also take a letter into your local shop. That's perfectly adequate and you are being misled by a shop assistant who has got no idea what to do.
Get it done quickly.
I understand that you haven't been told your cancellation rights is this correct?

14 day cooling off period only begins from the time that you receive the goods or items that you have contracted for and you are informed in writing of your various cancellation rights.
You are saying that you want to affect the cancellation with minimum effort. You can't imagine the effort is going to take you if you don't manage to do this in time. Even now there is a danger that they will ignore you.
It takes effort to protect yourself –, by not falling for some telephone sales chatter and thinking that you're getting something too good to be true for nothing.
It will also take effort to protect yourself if the cancellation doesn't go through properly and you then have to deal with trying to challenge demands regular payments, references to debt collection agencies, black marks on your credit file, threatening letters, threats of bailiffs,.
Get the letter in straightaway. And quite frankly don't play primadonna by saying that you shouldn't be inconvenienced by sending a letter. We are here to help you you need to help yourself as well and be sensible.

 

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legally you dont need to prove receipt.

you only need to prove a letter was sent.

use a 1st class stamp and get free proof of posting from any PO counter.

as for the letter do not forget to mention you are exercising your rights under the distance selling regulation as this was a telephone sale, which is now part of the consumer rights act. and that gave 14 days to cancel for no reason needed.

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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A few years ago, I got roped into a contract. I thought I was talking to a real O2 rep but it was some third party company pretending to be O2. My tarriff was completely different to what we agreed on the phone. Eventually, I had to threaten them with ofcom to cancel and get out of it. 

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