Jump to content


  • Tweets

  • Posts

    • 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.
  • 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

Late payments/Arrangement to Pay - Removal from credit file


Abuneri
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6070 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi guys,

 

I have the following on my Experian Credit record:

 

Lloyds Credit card - 1 late payment - Sept 06

Barclaycard - 1 month late - Jan 06

GE Capital Store card 1 - 1 month - Oct 06

GE Capital Store card 2 - 5 months of lates - Jan - Jul 06

Shop Direct Catalogue - 5 months of lates and Arrangement to pay for

May to Aug 06. Account settled and closed in Sept 06, but £355 showing in Delinquent balance.

 

NTL - 9 payments 1 month late, 4 payments 2months late, 9 payments 3months late for 2003 and preceding years.

 

I have NO CCJs. But I have had loan applications declined.

 

Question is can these late payments/arrangement to pay be removed from

my credit file ?

 

 

 

Thanks,

 

A

Link to post
Share on other sites

Im guessing that your problem is the delinquant balance from Littlewoods. Have they registered a default on the account?

 

How did you close the account even though there was a balance still on it? Did you make a partial payment to satisfy?

Link to post
Share on other sites

Im guessing that your problem is the delinquant balance from Littlewoods. Have they registered a default on the account?

 

How did you close the account even though there was a balance still on it? Did you make a partial payment to satisfy?

 

 

Thanks for getting back to me RRodders! Was beginning to wonder if any one out there would help. Cheers.

 

There is no default registered on my credit file by Kays Lifestyle (Shop Direct), but that the account is under an Arrangement to Pay. I paid off my last balance in November and the account is now fully settled.

 

So my question is that is it possible to get these arrears indicators removed from my credit file for both currently active accounts and for closed/settled accounts (such as Vodafone which I closed on 6/3/05 but still shows up on my credit file)?

 

Your advice will be most appreciated as I am keen to improve my credit record ahead of a full mortage application.

 

Thanks,

 

Abs.

Link to post
Share on other sites

  • 4 months later...

A County Court Judgement results from a court action by a creditor (a person or company to whom you owe money) that says you have failed to make payments on a debt to them. The County Court will make an order that you must repay the debt and this will then be listed on your credit record. In Scotland a CCJ is known as a “Decree” and are issued by the small claims and summary causes sheriff courts.

All judgement, decree and administration order data is supplied to the credit reference agencies by Registry Trust Ltd., the non profit organisation that operates the registry in the UK: http://www.registry-trust.org.uk

If you receive a new CCJ, you have one calendar month in which to pay the amount in full before the CCJ becomes registered. If you are unable to pay the amount in full straight away you can pay it at a later date. However even paid CCJs will still remain on your credit record for 6 years but potential lenders will be able to see that you have paid the debt. If you have paid your CCJ you should apply to the court where your case was heard for a Certificate of Satisfaction. This will cost you £10.

 

default notice

 

If you have a personal loan or credit card and you fail to make the payments the creditor must issue you a “default notice” before they take legal action. A default normally occurs when the terms of a credit agreement have not been met and the account is 3-6 months in arrears. Under the terms of the Consumer Credit Act of 1974 the default notice should state:

  • Name and address of the creditor issuing the notice and your name and address
  • The type of the agreement and details of how they think you have breached the agreement
  • An early settlement figure
  • The actions that you need to take to comply with the agreement
  • The next action that the creditor intends to take in the event that you can’t comply with the agreement. Usually you will have at least 7 days to comply.

The creditor can start court proceedings if you do not comply with the default notice and this can lead to the registering of a County Court Judgement. The default will be registered on your credit file and will show the date that you broke the relevant term of the credit agreement, the amount owed at the time the term was broken (the default) and the amount still owed to that account. This will remain on your credit file for 6 years.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...