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    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
    • Less than 1% of Japan's top companies are led by women despite years of efforts to address the issue.View the full article
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      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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Mail sent by Recorded Delivery not delivered


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Quite by chance I though I would check the date a recorded delivery letter was actually delivered. I was quite disconcerted to find it hadn't been, especially since it contained a £10 postal order for a SAR.

On checking some others I found two more that hadn't been delivered.

 

So, I have three non-delivered Recorded Deliveries -

Inland Revenue

Bank of Scotland

Fredricksons

 

The most recent of these (the SAR) is more than a month old.

 

I reported this on the Post Office website but have had only an auto-response email back from them.

 

 

Lesson No 1 : always check that recorded delivery is delivered.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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So hth do I prove the letters were delivered??? Paying for RD appears to be a waste of time.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Yep! Ive had this as well.

 

I sent my cca request to First Crapit by recorded delivery and it has become a "lost item" which is royal mail speak for it was probably delivered but no signature was taken.

 

Recorded delivery only means that it should be signed for on receipt it is in fact just sent through the normal postal system with first and second class mail. Ive sent the second CCA via Special Delivery which "guarentees delivery by 9am the next day" This is also supposed to provide a signature at the other end but guess what........Ive just checked online to find that they cannot provide a signature for this one as well!!!!! :mad:

Edited by MONX
spelling doh!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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palomino.

Providing you have the postal order receipt you can check at the post office to see it it has been cashed, I think you fill out a form. Then if they have cashed it you have proof of delivery for your letter.

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Yes, I know about that and I think I'll do it. It still doesn't give me a delivery date although the encashment date is probably close enough.

 

Mind you the PO procedure is a bit Victorian and very slow and tedious. Just like their deliveries ...

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I always believe that if you have the slip to say that the letter went recorded delivery (especially as they now actually check the address before they send it and it says "address verified -yes or no" on it, then that is proof enough that YOU have done your part in sending it!

 

Remember, as Moorcroft say, the fact that you have sent it, even if not read by them, is enough ;)

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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Yes i have the slips. They want me to send them off somewhere for investigation. Fat chance - all they will get are photocopies!

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I've had this recently with Goldfish. I sent letters (only asking for confirmation from them that they'd sold my account on, nothing monumental or anything!), 3 times over the course of 10 weeks. All were sent to the address I'd used previously and always had a reply from. They all went 'missing', but none were returned to me. I had a word with my local P/O lady who thought it was very fishy.

 

Bulk signings should still show as delivered when you look online, and if you can see the electronic proof of delivery bit (which doesn't always work), it just shows a signature with however many items were signed for. What concerns me is that they seem able to take recorded items without signing (which would explain why none of mine made it back to me despite the times involved).

 

I do love the way though that pretty much all correspondence from the banks will be standard 2nd Class post, and we're just assumed to have received it, no matter how important the contents. We have to spend a minimum of 72p a time just to try and ensure we get the courtesy of a response!!

Time flies like an arrow...

Fruit flies like a banana.

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I had a couple of recorded delivery letters not show up- luckily both companies have now responded.

 

I've had more trouble with Cap 1/Debitas saying they haven't got a letter which was signed for.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Yep! Ive had this as well.

 

I sent my cca request to First Crapit by recorded delivery and it has become a "lost item" which is royal mail speak for it was probably delivered but no signature was taken.

 

Recorded delivery only means that it should be signed for on receipt it is in fact just sent through the normal postal system with first and second class mail. Ive sent the second CCA via Special Delivery which "guarentees delivery by 9am the next day" This is also supposed to provide a signature at the other end but guess what........Ive just checked online to find that they cannot provide a signature for this one as well!!!!! :mad:

 

If it's sent SD and not signed for you can reclaim the cost from RM as it is a guarenteed service - theres a form to download on royalmail.com

Use the 1pm service as it is cheaper.

 

If a postie leaves a recorded letter without getting a signature they will lose their job so keep putting the complaints in.

(Recorded go into the general mail but on reaching the destination delivery office the local postie takes responsibility for it).

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I wrote a letter of complaint to the local Post Office (where I post all my letters). The 'manager' rang me up and said they were only acting for Royal Mail and I would have to complain to them (RM).

I suggested that, in the interests of customer service, she might like to forward the complaints onwards. She said 'it's not in our procedures'. I had to hang up before I used some pretty foul language.

 

So, I guess I'll have to write to Royal Mail and wait the anticipated 7-10 days for a response. Unfortunately I have this ominous feeling in the pit of my stomach that the letter will be lost in the post ...

 

There was a similar scenario with the postal order. I have to write to the Post Office at an address in Chesterfield. Why can't they just forward the application onwards? There seems to be a disconnection with reality somewhere.

 

I'm seriously angry at the jobsworth attitude of the Post Office : we'll make you queue for 1/2 hour and then take your money. After which you can p*** off because we don't care a fig.

 

 

(When I left the PO there were 27 people waiting - in the middle of the afternoon. Some were laden with stacks of mail. GOK how long they were going to have to wait.)

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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You can write to the Postal order services and they will tell you whether the PO has been cashed or not. I have had the same with my S.A.R - (Subject Access Request) with Barclays when I got no response from them I contacted the Post Office to see if they PO had been cashed. I actually went into the post office and they gave me an address to write to to check. PO postal order service wrote back within 7 days stating that the PO had not been cashed but would let me if the bank was to present it for cashing within 28 days. Therefore on that basis I sent another PO for £10 to Barclays with a letter stating that I understood that they had not cashed the first PO and not to cashed both PO's. I did not get any response from the bank so I had to write to the post office again to see if they had cashed any of the postal orders, after seven days I got another reply from the PO stating that they had not cashed any of the Postal Orders. The Bank was way out of time with the S.A.R - (Subject Access Request). I finally got a letter back from the PO two months after sending the PO to the Bank stating that they first PO was cashed but they did not cashed the second PO so I took the letter from the Post office department in to the PO and got me £10 back but you have to wait 28 days before you can do it. The PO gave me back my second £10 postal order when I produce the letter that I got from the Postal Order department. Keep all your receipts and number of PO.

 

I sent the Barclays my S.A.R - (Subject Access Request) request in December and after many chase letters and writing to the post office to see if they had cashed my Postal Order I finally got my S.A.R - (Subject Access Request) 80 days after I had initially sent it to the bank.

 

Not sure if it is a ploy by the bank to get more money for their time but I did not let them keep both £10 postal orders. In the end they did get my first request as they had cashed the postal order that I sent them with my first request albeit 60 days after I had sent it to them. It is with the Information Commissioners Office at the moment, not sure if it going to any good by sending it to them as they seem to be on the side of the Bank.

 

Also, you do not have to send you letter by RD, all you have to do is to get a certificate of posting which is free, again you will have to asked for this when go to the counter at the post office you will print out of the date that you have posted the letter to the organization concerned. Very quick, this is all you need as proof that you have sent the letter.

 

The post office will give the address to write to regarding the Postal Orders being cashed, I do not have it to had a present. 8)

Edited by Allwood
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Thanks Allwood.

 

Yes I have the address to write to.

I also have all my receipts and whatever - comes of long experience dealing with creditors and DCAs.:)

 

Interesting that you can still get proof of posting (I'd forgotten about them). However this can fall down when specific deadlines are in place such as requests for credit agreements and SARs.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Palomino, I was embroiled in a right war of words with the post office on exactly this subject regarding "non delivery" of recorded and Special Delivery items.

 

Their attitude to be honest stinks. I had sent out some 30 odd letters some recorded, some SD. 19 of them according to the RM website had not been delivered /signed for, 2 of those 19 were Special delivery. They sent me a book of stamps for each Recorded Delivery letter and £20.00 compensation for the SD letters. They also promised to look into it to ensure that it didnt happen again !!.

 

I have one Special Delivery letter still showing up as "awaiting collection". When I asked what that meant, I was told it goes into a collection point which is usually emptied once a month ? This was for a Bank and sent 3 weeks ago ??

 

So good luck with your complaint.

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