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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.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
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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.

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Desperate to move from Engage mortgage - need help


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We've been with our current lender for many years on a terrible rate and am desperate to leave due to their behaviour etc. But there are various problems and I need some advice.

We had to take a subprime interest only some years ago due to bad credit and low wages. After the crash and affordability tightening we couldn't move elsewhere and the mortgage company have never been interested in helping us, just keen to take us to court. Well finally things are starting to get better and I'm desperate to try and get away from this creeps whether remortgaging or moving. Ideally I'd remortgage for now

Doing some recent research into our finances I've discovered some Restriction K's on our land registry account. I think this is the right term? There are four all in my name only by the looks of them on a joint property. A couple I know nothing about, but the other two would be originally for unsecured loans or credit cards. 

I can't remortgage with current lender even if I could stand it as apparently they are only a servicing company.

Any advice please?

Next - we were on a LIBOR rate +3% interest only mortgage.

Assume there is no come back on the fixing scandal over this? I've been on synthetic LIBOR for awhile but understand that this is now moving to SONIA. However the rate they are giving me is SONIA +0.11% plus the same 3% weighting. Why the extra 0.11%? Seems just gouging me from all sides. 

Over the years we have struggled on enormously high rates and hours being cut several times, they've tried a couple of times to go for repossession and failed.

I recently noticed on a letter from the lender about charges, I've requested a full statement. Looking at this there are about £9000 of fees and charges ranging from litigation solicitor costs to monthly arrears fees ranging from £50 to £27.50.

I was also informed this week that in addition to my normal interest monthly payments I am paying approximately £78pm in additional interest. Well clearly I haven't been exactly as I've just been trying to pay the monthly installment asked for. So mortgage balance is actually rising every month!

We were in arrears for a long while but with new jobs we have now paid over most of this.

Credit report now shows ok as we are under one month of arrears and will have cleared them completely in the next month or two.

Can anything be done on any of this?

Can charges be reclaimed? 

any advice please.

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and this company is?

litigation fees associated with the repo hearings are sadly legit, but arrears fees are fairgame for reclaiming+the interest they attracted, but i've not seen a success in many years now.

has this mortgage always been owned by the same lender too or have you been passed around. this sounds like a classic mortgage prisoner case.

if you've rest/k's then sadly if you go elsewhere , they will need paying too, unless they are very recent and can be questioned? a rest/k is usually as a result of a civil CCJ claim that you lost, did you ever get any claimforms etc, but simply ignored them?

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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Yes, we were with another company I can't remember but sold to Engage years ago. I haven't been able to move ever since as this was around the big crash time. 

Mortgage prisoner? Sorry that's a new term to me.

I only know about two of these ResKs. The other two have baffled me as I have not seen any paperwork on them and don't recall what on earth they are for but they are dated probably 8-10 years ago. 

The two I knew about one I sent paperwork back and was trying to negotiate with them and the other one I attended court around 2013 I think and if I remember rightly this was from a credit card starting with EasyMoney but sold on to various.

It's a long time ago but I think they just kept increasing my credit limit at a point where we were struggling financially.

I vaguely recall the judge making a comment about that aspect but can't remember exactly and eventually as we couldn't pay at the time we got the ccj. 

Also you say regarding the charges that you haven't heard of any success. Do you mean that people have gone to court or where people have asked for them to refund some of the charges without a court being involved?

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  • dx100uk changed the title to Desperate to move from Engage mortgage - need help

yea i thought it might be Engage, probably Kensington or Northern Rock/NRAM before that.

the CCJ's are well old then and not alot you can do sadly

i'd be doing a search on google for mortgage prisoner, that should inform you about everything.

as for the arrears fees etc, as i said we've not seen any recent successful reclaims involving court claims or otherwise, but you'll get the idea why when doing your research. 

sadly you like 10'000 of other people are stuck .

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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They are allowed to charge separate interest on the arrears balance and add this to the fees balance which apparently includes other charges and keeps going up and up every month?

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thats pretty std to have a separate 'arrears' balance and it being subject to the std interest of the agreement.

there is no harm in writing to Engage stating the arrears fees are disproportionate and unfair and should be refunded/removed, see where they go.

 

 

 

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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