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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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Mercers keep ringing me...what should I do?


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Rosemary

 

I think that you should start your own thread to get advice on this, especially of BC reduced your credit limit to below your current balance.

 

Go back to the list of threads, click on "Forum Tools" .. "Create new thread" then copy your posting into that (with a thread title)

 

They won't send a debt collector round, if they did, you just have to tell them to go away (as politely as you like:) ) and call the police if they don't.

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I have had problems with Banks & DCAs ringing before and usually well written letters and the tactics above do the trick. For the more stubborn ones I have resorted to building up support and investigation by writing to Ofcom, BT, my MP, OFT and the Police. It may not always go very far but makes them aware you ain't going to be pushed around, I have had positive responses and although I don't exactly think they will go to prison I am happy for complaints to be officially on file and that they know this, provides good ammunition and evidence for lots of things in the future. I know this seems mad but I was just in the mood to fight back after being threatened by a numpty in an Indian call centre ..... makes me feel better though !!

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When I had this same problem with DCAs calling at all hours I changed my phone number.

 

If you are a BT customer, they will change your phone number free of charge.

 

After you change your number, if you ever contact the DCA by telephone, never - ever give them your new number.

 

They do not need your phone number (and cannot demand it by law) as long as they have a valid mailing address where they can contact you.

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Hi hiphil. Harry's right. Only ever deal in writing, keep a copy and used recorded (signed for) delivery whenever you can. It's a pain, but I reckon it's worth it.

 

Remember if you call any of these people they will surely have systems which will record your new number on their computer.

 

Regards.

 

Vandermerwe

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Remember if you call any of these people they will surely have systems which will record your new number on their computer.

 

 

I changed my number for free due to harrassment calls, but some how they got hold of the new one. So I don't know if they rang BT and got it of them. But complained to BT and they changed it again.

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Good morning Alf

 

Did you ask for your new number to be 'ex-directory'? If not, BT would give it out.

 

Have you called any division of Barclays Bank using your new number? If so

that will be how Mercers have got your number. They are a division of Barclays.

 

Remember we now have NO privacy left in this country. There is more "surveillance" here that in ANY country of the world (except possibly North Korea).

 

I pass GCHQ in Cheltenham to visit a close friend dying in the oncology ward of the hospital there. The parasitic building is always being extended and developed. Irrespective of who I have with me I make rude remarks about pricks (antennae) sticking out of the roof, and those inside. (Have a feeling coming on I'm going to be moderated!)

 

I have been told - and believe - each and every electronic communication - received or sent - passes through that ghastly place and is filtered through meshes of increasing fineness until certain categories are set aside for sending to a similar institution in the US of A.

 

No, Alf, I am not a nutter (check my other posts) but I resent what this country has become.

 

Also, Mrs. Van and I are looking to your neck of the woods to get away from the West Midlands - all we want is peace, tranquillity, friendly people, sea air, and cheap local food for Mrs. Van to cook in her own unbeatable style.

 

Good luck, Alf, if you want me to follow your thread give my scales a click on the grey blob at the bottom left between the funny thing on the left and the red triangle.

 

Good luck.

 

Vandermerwe

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Well its up to you really,

 

you can for sure stop paying them as they have defaulted on a legitimate request under the CCA 1974

 

i sent littlewoods a letter informing them that they had failed to comply with my request, i have posted a copy of the letter i sent on my thread, feel free to use it and modify it for your own means .here a link to my thread http://www.consumeractiongroup.co.uk/forum/general-debt/93571-pt2537s-cca-request-against.html

 

regards

paul

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Ok, as i understand your situation, Barclaycard passed or sold the debt to Mercers . you CCA'd mercers and they have not replied with in the 12 working days required by the CCA 1974

 

in my opinion its Mercers who are in default, i would tell them to go away when they phone you as previously advised and i wouldnt even talk to Barclaycard at this point until Mercers pass the account back to them

 

 

regards

 

paul

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Hmm thats a little more difficult, they probably will not remove it without a fight.

 

if you take a look at my thread you will see the aggravation im having with with Littlewoods with regards to the credit file.

 

i have presented an arguement to the Information comms office which im awaiting the outcome of so i dont know what to suggest until i get a result on my arguement against littlewoods continuing to add data to my credit file

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Also, i wouldnt bother with a S.A.R - (Subject Access Request) at this stage, what would your reason be for sending them one?

 

There have been loads of charges added to the account for late payment etc, this could be as much as they are trying to claim from me.

Thats why I wondered whether I should SAR Barclaycard now or wait and see what happens next?

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Hi

 

sorry but ive been tied up this afternoon so i have not long got back in

 

 

right where were we.....

 

well, if there are charges that they have applied then by all means send them a SAR, but most importantly DO NOT sign the SAR or send them a cheque with your signature on it. the reason i say this is that if you supply them a copy of your signature i have heard some instances where the creditor has scanned the signature onto a credit agreement and tried to pass it off a legitimate. i would send them a postal order for the 10.00 and use the digital signatue in the sticky at the top of this forum

 

 

regards

paul

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Just received a telephone call from Mercers, I told them not to ring me as I am still waiting for a response to my letter(cca request). She said we need to talk to you, I said after you have complied with my request and then I put the phone down. Don't they realise that the 12 days have now passed and still no response from them!!!

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