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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?
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Lost phone not covered by insurance?


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I started a new contract with T-Mobile in August buying a Vario II on Flext 35 with insurance from Fonesafe. A couple of weeks ago I lost my phone in a club, I reported the loss to the police and had the phone blocked by T-Mobile.

 

After having the phone blocked I called Fonesafe who asked me how the phone was lost, I told them I couldnt remember but it may have been in the cloakroom. Apparently this is not covered under the policy as I was told on the phone and by post "Your handset was left unattended in a building or public place and this is not covered by your policy".

 

Obviously I have made a stupid mistake here and given the insurance company too much information, does anyone know if I have any chance of appealing the decision? I did not state that the phone was unattended but said it was a possibility, if I remember this was not the case can I change my initial claim?

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This phone ins is crap - my OH had his stolen in Majorca from hotel room with a load of other stuff - and other people did as well - suspect was the cleaners who had access obviously - ins wouldn't pay up as the room lock was not broken. Even though we reported it to polcie in spain and hotel suspended staff and wrote a report.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 6 months later...

On what grounds do you wish to appeal the decision?

 

Why do you think the insurance company are wrong in not considering your claim?

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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I am afraid it is pointless appealing against this decision, if you wish to appeal on the basis that it might not have been left in the cloakroom.

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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This post has been deleted.

 

We do not condone fraud in any form on this site.

 

Rooster-UK.

 

But of course this is a change of story, and if this is not how it actually hapenned - fraud.

 

In any case the Insurance Company could throw the entire claim out on the basis of breach of utmost good faith, and possibly void the policy from the date of the claim.

 

Your Choice

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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  • 1 year later...

I have a contract, in my name , for my sons phone as he is not 18. I do not insure the handsets of my wife or my own. When I was negotiating the upgrade of my sons phone I was offered insurance, I quite clearly told the agent that the phone was for my son.

 

Yesterday my son lost his phone, when I phoned fonesafe this morning I was told the claim was being rejected because he wasn t a registered user. I have checked this in their t&c and it appears to be correct.

 

However when I was being sold this 'insurance' I clearly told the agent that the phone was for my son s use. Fonesafe say that T mobile didn t pass this information on to them and that it was my responsibility to do so. Surely T mobile operate as an ' agent' for fonesafe an as such fonesafe as 'principal are responsible for the actions of their ' agents'.

 

Anyway the outcome at the moment is, I have got a useless insurance policy for which I have lost all of the premiums and a contract with T mobile that is worthless unless I fork our more ££££s for a new phone.

 

I have complained to T mobile customer relations and to Trading Standards

 

I would have been better off saving the premiums in a high interest account to pay for this sort of mishap. I am sure that this is the case with a lot of these 'insurances'.Thinking about it if I had saved all of the premiums I had paid for various insurances over the years, that I have never claimed on, I would have a quite healthy bank balance

Edited by Mark26
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I have today received a call from T mobile customer relations apologizing for the misunderstanding and offering to send a replacement handset, they have waived delivery charges and replacement sim card charges. I only have to pay them £25.00 the same as what my excess would have been under the insurance policy. They pointed out that it was a goodwill gesture by T mobile and not the insurers. They thanked me for the complaint and said that they would look at training issues re: the selling of insurance even though the registering of users was in their training manual it was obviously a point that needed highlighting. They have promised to deliver a new handset tomorrow.

 

A good result for me personally but its still T mobile paying instead of the insurer that happily took the premiums

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I have today received a call from T mobile customer relations apologizing for the misunderstanding and offering to send a replacement handset, they have waived delivery charges and replacement sim card charges. I only have to pay them £25.00 the same as what my excess would have been under the insurance policy. They pointed out that it was a goodwill gesture by T mobile and not the insurers. They thanked me for the complaint and said that they would look at training issues re: the selling of insurance even though the registering of users was in their training manual it was obviously a point that needed highlighting. They have promised to deliver a new handset tomorrow.

 

A good result for me personally but its still T mobile paying instead of the insurer that happily took the premiums

 

...and rightly so Mark!

 

T-mobile should have acted on the information you provided.

 

What you have done is "fronted" the policy. This is more usual when, for example, a father states that he his the main user of the vehicle and not his son in order to obtain a cheaper premium.

 

What you have done is much more serious and obtained an insurance contract for someone who is not even entitled to it!

 

With luck, T-Mobile made a big mistake here and things fell in your favour!

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Sorry Davie but I don t agree , The phone contract and the insurance are iin my name and as such my responsibility for bills and any misuse of the phone due to theft/loss etc and that is why the policy was in my name , however I informed T mobile that I was not the main user. I have two contracts with T mobile, I can only use one phone at a time and therefore I have not 'fronted' an insurance policy. I have a contracted phone for my son s use which I pay for and an insurance policy for that phone which is my responsibility.

 

Car insurance is a legal requirement and there is no such thing as cheaper insurance you just get less cover. It is wrong to compare an Insurance policy in this way. If a father misleads an insurance company to gain cheaper premiums for his son, then he may be covered in if he gets stopped by Police but if a claim is made and rejected it could have serious implications for any third party involved in an accident with the 'insured' I refuse to accept that insuring my own phone and contract is more serious than mis leading an insurance company when insuring a vehicle which could maim and kill

 

I hope this clears this up for you

Edited by Mark26
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...and rightly so Mark!

 

T-mobile should have acted on the information you provided.

 

What you have done is "fronted" the policy. This is more usual when, for example, a father states that he his the main user of the vehicle and not his son in order to obtain a cheaper premium.

 

What you have done is much more serious and obtained an insurance contract for someone who is not even entitled to it!

 

With luck, T-Mobile made a big mistake here and things fell in your favour!

 

 

Well that is some of the biggest load of nonsense that I haver seen on here or elsewhere for that matter.

 

I have 4 phones on contract all in my name but used by individual members of my family. There is absolutely nothing wrong with anyone doing this and is entirely legal. I suggest you stop spouting rubbish and get your facts right in future.

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