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    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • 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?
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Sterling Collections


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They are SP. Sterling Collections are a dormant company so they have no employees. I wonder who would answer the phone if I was to call.....

 

Can someone remind me of the law that says a debt collector has to have a data controller, it can't hide under someone else's licence.

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  • 3 months later...

I closed a business account down with Scottish Power last July. They sent a final bill, we paid and that was that - or so I thought. In December we received another final bill for £1500 based on a meter reading from a new occupant! Despite opening a complaints procedure with SP, we get a letter from Sterling Collections about every two or three weeks threatening court action if we don't pay. We have written and phoned them to explain we are in discussions with SP over the bill but they choose to ignore us (even hung the phone up on my business partner one time). I had my suspicions they were an inhouse department of SP and now my suspicions have been verified. Obviously, SP think its more intimidating for people to get a letter from a collections agency rather than one from themselves. Sneaky baskets.

 

The complaint hasn't been open long enough to go to the energy ombudsman yet but I am logging all calls and correspondence for when I do. I suggest anyone else does the same then after 8 weeks or if you get a 'deadlock' letter from SP, go to the energy ombudsman for them to look into for you.

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I just received a letter from this lot for an overdue account with the wonderful Scottish Power, despite the fact I told SP when the bill would be paid. (It was a bill for just under £600-00 to heat a 3 bedroom semi for a quarter).

 

Should I be worried about Sterling?

 

When I called Sterling to tell them when the bill would be paid, she automatically started talking about paying SP by monthly direct debit!!!!

 

I immediately got suspicious that this mob were actually a front for SP's collections department, perhaps I'm right?

Archway

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I have now been advised by SP that the reason I am still getting threatening letters from Sterling Collections is that my complaint was closed on, get this, 113th Feb. SP seem to have trouble getting their dates right and I am highly suspicious it is a method they use to cover their own backs. I have emailed them to ask why I wasn't advised of this before even though I have contacted them twice since Feb. I don't expect a satisfactory answer so have also advsd I want my complaint escalating to Executive Complaints Board level. Thats the final stage before going to the energy ombudsman.

 

Anyone having similar trouble should check out SPs charter and complaints procedure - they don't seem to operate within these but, as far as I am concerned, that is just more fuel to the fire when I eventually go to the ombudsman. Also check out the Office of Fair Trading guidelines on debt collection and quote any relevant parts in your communications to SP so they know you mean business.

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Hi Guys,

 

I mailed Scotiish Power asking for an explanation as to who exactly were Sterling Collections.

 

Here is their response:

 

SPM Collections are Scottish Powers internal debt collection team. We will send

out reminder letters until the account has been paid in full. Reminder is

issued after 10 days then if not paid call will be attempted after about 30

days. If the bill remains outstanding after this we will usually pass the

account to an outside legal agent to collect. When we issue the bill it is due

to be paid immediately as bills are issed in arrears so you have already used

the gas and electricity the bill relates to

 

Now I am by no means any form of legal expert, but in my mind, this company uses an internal department, in the guise of an external collections company, to frighten people into paying up.

 

Is this legal? I'm in the process of changing supplier because I think I am being overcharged by SP every single bill I get.

 

We only have an ordinary semi detached three bedroomed house but in the last year we have used 31570KwHrs of gas. Scottish Power thinks this is normal. I don't, and talking to my neighbours in very similar properties, neither do they. We are out at work most of the day, the boiler is on a timer, the heating turned down low as we have the luxury of a coal fire.

 

Can anyone tell me if this is a lot as I can't seem to find out.

 

Regards all,

 

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  • 1 month later...

My son has been renting his house out but it has been empty since September last year, then today I receive a letter from Sterling Collections demanding £2++ as unpaid power usage, "despite several requests for payments". Thing is that neither myself nor the lettings agency have ever received a letter from Scottish power or Sterling Collections asking for this mythical amount.

 

What do these people think they are doing, I just love receiving threatening letters on a Friday night !!!!

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  • 5 weeks later...

So pleased to find this thread.

 

Hubbie has just closed his late father's business, owes £329 to Scottish Power.

 

He cannot clear the debt and as they represent only about 1% of total debt, we have to treat them pro-rata with any available funds (my husbands wages!)

 

He's moved out of the premises they are no longer a priority debt as if they cut him off it's not going to be a problem. We've been told this by Debtline.

 

We sent them a letter explaining problem, advising them of arranged meetings with CAB & CCCS (charitable debt mgmt plan company) this month and sent a token payment of £10.

 

This they have cashed and on the second charming letter from Sterling Collections they record this payment as the debt has dropped to £319.

 

But they are threatening "Notice of court proceedings & impending default" and very cheekily refer continuing non-payment (they've clearly shown on their own paperwork that a payment has been processed!)

 

How serious are these Sterling Collections, are these threats just bully boy tactics it hope of scaring the living daylights out of you (it's working pretty well have to say!!) or do they follow through fairly promptly after this ?

 

Not going to pay up, we can, any available funds has to be distributed pro-rata and with their 1% they aint going to be getting big amounts.

 

We are hoping to setup DMP but I think these guys are going to be the monsters in the pack.

 

Any info of this lot very much appreciated.

 

Many thanks

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Definately no funds in the estate, but my husband worked with his dad, did seprate tax returns but think they's just say it his responsibilty. No partnership existed on paper, but going to be very difficult to prove, in a way that may get this lot of our backs.

 

They seem to be all guns blazing type sort of company. Just trying to find out from anyone with dealings with them if it is a lot of hot air or they say we'll start court proceedings they mean it ?

 

Many thanks for your reply

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As I said, your husband is not liable for this debt;

 

2u7t9g1.gif

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

Debt collection guidance - Final guidance on unfair business practices - oft664

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Many thanks for your reply.

 

How can we prove that my husband isnt liable ? He took over the day to day running of the business although his dad was still owner, so all the creditors are coming after him.

 

If going to see a solicitor or accountant would sort it out definately we'd consider it although goodness knows where we'd find the money, but I've asked on every forum, Business Debtline, etc.. and they all say he shouldnt be liable but not definate.

 

If we knew for definate it would be worth standing our ground, but if not we run the risk of court proceedings and even bigger debts.

 

Got an appointment with CAB on wed but been told they probably wont help with this and just dont know where to go from there.

 

Complaining to OFT may help to get Scottish power to back off but just so worried how to really deal with these people.

 

Other major concern is the address they keep using is his father's address, and so worried that they'll start turning up there or somehow get hold of the tel number (it's ex-directory) we're trying to keep this from his widow as she's very ill herself. Could give them our address but then that's giving them another person to get their teeth into.

 

All such a nightmare, dont know what to do for the best .....

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You don't have to prove anything, he could well have managed the business but that does not make him responsible for it's debts. Who's name was the business in; the utility bills in, who was the 'boss'? His father obviously.

 

If your husband had worked for someone who wasn't a relative & they died do you think he would be responsible for any debts owed by his employer? Of course not & it's just the same in this case with his late father. Debts are paid from the Estate & as I said if there are insufficient funds it ends right there. If these creditors were to try and take your husband to court for these debts they would be laughed straight out of it again & they would be liable for both costs and damages to your husband.

 

As I said above, tell the creditors to bog right off and make a complaint to your local Trading Standards and the OFT.

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