Jump to content


  • Tweets

  • Posts

    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Stole from m&s very worried


Recommended Posts

Did my shopping in m&s as I do every week with my partner.

When we use the self scan till we dont always scan everything saving maybe £20.

This time we didn't scan lots of stuff.

We were in a rush which is no excuse but noticed the staff watching us as stupidly we made it obvious.

We didn't scan maybe £80 worth of stuff and paid for the rest (£40).

As we were leaving I noticed the one of the staff go straight to the till we used and look up what items we bought but we left very quickly and he didnt have any time to stop us.

My worry is will they be able to find out who we are from the till/store cctv, find out who we are from our debit card or even find out who we are from the car registration we left in?

Will they contact the police and give cctv/card details, reg number?

Whats the chances of the police contacting us?

We obviously won't be doing it again. We wont be returning to that m&s store or any of them in fact.

We are absolutely terrified our anxiety is through the roof and we have a little child.

Link to post
Share on other sites

no the police will not be involved.

p'haps you should have thought a bit more about your child before you started this spate of repeated premeditated shop lifting....

all very well having worries for their future afterwards as some kind of excuse for being allowed to do it and continue to get off scot free.

dx

  • I agree 1

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... 

Link to post
Share on other sites

We've never seen a case of police being called after the event in all the time I've been on this forum. It's possible that store security at M&S have viewed the CCTV and would recognise you if you go there again.

As dx says, the important thing is to stop shoplifting, find somewhere different to shop and pay for everything you buy going forward. You've been lucky so far but it can only catch up with you.

HB

  • I agree 1

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

I can’t be so sure.

Most similar posts are where someone gets stopped & is worried the police get called after the store has

a) retrieved the goods and

b) banned them.

Here is different : they made good their escape before the staff could stop them.

if the staff would have stopped them but weren’t quick enough, they might escalate it to loss prevention, who would have the CCTV and the card details. If they looked back on previous episodes of card use, knowing the time & date : if they still had CCTV and saw previous high value thefts- they might inform the police.

lots of "if’s" and “might’s” there, but I cant be as sure as other respondents, given it wasn't "done & dusted" at the time (which, if it had, I'd share the other respondents certainty).

 

Link to post
Share on other sites

i see where you are going..but..

the store staff (wages expense) hours to search (if still existing) CCTV footage was available far out weighs the loss via the 'thefts'.

and any later external scammers like RLP/DWF etc can never have such access under GDPR.

what really disturbs me is the OP's historic attitude.

8 hours ago, strangerdanger said:

When we use the self scan till we dont always scan everything saving maybe £20.

dx

 

 

  • I agree 1

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... 

Link to post
Share on other sites

Agree that RLP / DWF not a concern. Have they tried anything on (other than hollow threats) since the spanking they got on the Oxford case?

Re: wages / time / expense. If the OP used the same payment card (or loyalty card) that might give loss prevention precise time / date stamps, meaning they can focus in to establish the scale of loss quite quickly. If large scale then they might view the time required as worthwhile.

Edited by BazzaS
Link to post
Share on other sites

The shock alone even if nothing happens has made us stop completely.

It's made us realise its really not worth it at all.

the chances of police being called right now are 50/50 you think?

What would the outcome be from the police?

Would it be jail time?

Anxiety is through the roof.

Link to post
Share on other sites

For court: 6 months for police/CPS to present (“lay”) any changes for a summary offence (Magistrate Court).

So, if they lay a charge just before 6 months, then add any backlog / delay within the court itself. So, the precise timescale has 2 variables;

a) the date any charge(s) is/are laid, and

b) how busy the court is.

But, the police would usually interview a suspect first, if only to establish if it were them on the CCTV / their card hadn’t been stolen / misappropriated. So, in practice, if not heard from the police or court in 6 months, unlikely to occur.

Link to post
Share on other sites

In the past for others do the police usually contact within the first couple of weeks? 

I'm hoping they are waiting for me to return (which I wont be) and not actually contacted the police at this point.

Would we be looking at jail time do you think? 

Link to post
Share on other sites

I really do hope that they don't.

I've not been going to work as I have panic attack when leaving the house.

I constantly check the letterbox to see if there's any letters from the police.

When letters come through my heart races so fast it's worrying.

Knowing I could have to wait up to 6 months is going to send me to my grave.

I think how it's going to effect my child when I'm in prison and how I lose my job and can't afford mortgage.

I also get angry how my abuser when I was a child got off with no punishment but police admitted in writing that the crime actually happened and I could be in jail for pinching from a billion pound company..

. that's no excuse for what I've done though. 

Link to post
Share on other sites

unlikely you’d go to jail even if prosecuted.

i’d stop saying “it’s OK” (or more acceptable) to steal from them as they are a large or profitable company. That is no excuse. How would you feel if someone started comparing a mother stealing baby formula out of desperation to you choosing to steal, repeatedly, from a high-end-of-market retailer.

Was it the fact that you felt they are a large company that made you feel it was more acceptable, or “you wanted the ‘posh’ stuff”?

Edited by BazzaS
  • Like 1
Link to post
Share on other sites

the police will not be involved nor will you ever hear from them...end of no if's or buts.

this is a very very low level matter to them. IF they ever would get involved they would simply refer the matter back to M&S stating should they wish M&S themselves could deal with this under the civil court system. but ofcourse they wont.

its a daily incident carried out by 100's of people across the country each day.

prison...NO NO NO NO.

pers im rather more concerned by:

55 minutes ago, strangerdanger said:

I also get angry how my abuser when I was a child

this could be the route cause of many issues for you without realisation. inc this compulsive stealing.

id p'haps go have a chat with your GP in confidence.

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... 

Link to post
Share on other sites

30 minutes ago, BazzaS said:

unlikely you’d go to jail even if prosecuted.

i’d stop saying “it’s OK” (or more acceptable) to steal from them as they are a large or profitable company. That is no excuse. How would you feel if someone started comparing a mother stealing baby formula out of desperation to you choosing to steal, repeatedly, from a high-end-of-market retailer.

Was it the fact that you felt they are a large company that made you feel it was more acceptable, or “you wanted the ‘posh’ stuff”?

I never said it was OK.

I compared to if I was to be put in jail for pinching to giving no punishment to my relative who abused me even though police admitted the evidence to be true and offered a sum money which I refused.

The difference is night and day to me.

I then said but this is no excuse for what I've done.

Link to post
Share on other sites

What you’ve described happening to you is wrong.

However, “2 wrongs don’t make a right”, and although it  may seem unfair,  you cant directly use it to have any bearing on this case.

Link to post
Share on other sites

Some saying police won't be involved some saying they could pass cctv etc to police I'm in two minds about it.

I honestly wouldn't say what happened in my past is due to me stealing but I will say the abuse effected me throughout my life and then after all these years I opened up about it ,the police did nothing at all but offer me money.

This made me angry and change the way I think about things  but then again I never stole before opening up to what happened to me.

I won't blame my past for my wrong actions.

I 100% accept that what I've done is wrong but I'm not the type of person to do something again once I've realised how bad of a person it has made me.

Link to post
Share on other sites

1 minute ago, strangerdanger said:

once I've realised how bad of a person it has made me.

Wrong. Untrue. Look at some of the people in this world and then take that back . You're not a 'bad person' at all. As Dx said, it's something that 100s of people do every day. But know what? 100s of people probably decide to stop doing it every day, too.

You're one of them.

  • Like 2
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...