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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • 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.
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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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GB Energy (in receivership) demand for money


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As many of you know GB energy went into receivership last year.

 

I was a customer of theirs but left way before they went into receivership. The last bill I received was a credit of £78.03. I was told the company taking over the account would deal with this. life took over and I completely forgot all about it.

 

I changed suppliers and heard nothing more until yesterday when I received an email from a company named CD: As a previous customer of GB Energy Supply Limited you are receiving this update to notify you of recent events regarding the Company.

 

On 30 November 2016 at 00:01 (electricity) and 05:01 (gas), all customers that were being supplied by the Company were transferred to a new supplier, Co-Operative Energy (‘Co-Op Energy’) by Ofgem in accordance with the Supplier of Last Report (‘SOLR’) process. This enabled customers that were being supplied by the Company at that time to continue to receive their usual supply of electricity and/or gas without interruption. On 6 December 2016 Graham Newton and Tony Nygate of BDO LLP were appointed Joint Administrators of the Company.

 

Since their appointment, the Joint Administrators have been working to realise the assets of the Company for the benefit of the Company’s unsecured creditors who are owed c£21m. Once the Administration, and any subsequent Liquidation process has completed, the Company will be formally dissolved at Companies House and cease to exist as a registered business in the UK.

 

What happens next?

You have received this update as a previous customer of the Company who changed utility provider prior to 30 November 2016 and according to the Company’s records have a balance owing to the Company.

 

Although the Company no longer operates as a live business, all outstanding debts remain valid and therefore payable to the Company. It is the Joint Administrators’ responsibility to maximise asset realisations, including the collection of outstanding customer balances, in order to repay creditors who are owed monies by the Company. In order to facilitate this, the Joint Administrators have appointed CDS Global as agents on their behalf.

 

Please note that the Joint Administrators, together with their agents, act as agents of ‘the Company’ and without personal liability.

 

What do I need to do?

A copy of your final invoice has been included in this notification, this balance relates to energy usage between your last invoice and the date of supply transfer/date you ceased to be a customer of the Company and is taken from the Company’s books and records.

 

Payment can be made in the following ways: Cheque: Please make cheques payable to GB Energy Supply Limited (in Administration) with your former customer account number noted on the back. Cheques should then be sent to GB Energy Supply Limited (in Administration) c/o CDS Global, St James Place, 71 Main Street, Leicester, LE9 6RE Bank Transfer: Sort code 20-37-75, Account Number: 23727319, Account Name: GB Energy Supply Limited in Administration – debtor realisation account.

 

All transfers should have the customer account number added to the notes / reason field. Credit/Debit Card: Please phone 0116 2961438 to make a card payment.

 

Who should I call if I have any questions?

All enquiries relating to the Administration process or account enquiries should be directed to CDS Global on 0116 296 1438 or by email to [email protected] If you require help or support with your financial situation you can speak to one of the independent organisations below for free: Step Change Debt Charity - Freephone: 0800138 1111* - stepchange.org National Debtline - Freephone: 0808 808 4000* - nationaldebtline.org Citizens Advice Bureau - Find your local branch at: citizensadvice.org.uk

 

For some reason I cannot wrap any text in italics or bold. I've tried in FF and IE. Is there some fault with the forum?

 

Any way I received a further email a couple of hours later stating if I paid that day I would receive a 10% discount. I suspect it's a [problem] but I'm not 100% also the fact I'm pretty certain they owe me money. Has anyone heard of these emails floating around?

Edited by honeybee13
Paras.
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they are saying they think you owe them money and expect you to pay the administrators.

 

 

If you were in credit then you need to tell the adminstrators that you are owed money and have your name added to the list of those owed money.

 

 

if there is anthing left after the lawyers and accountants have filled their pockets you may get something.

 

You need to tell them you are a creditor otherwise they will just continue to hound you as most peopel will owe a small bit on their final bill.

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  • 3 weeks later...
  • 1 month later...

I received a phone call from them last week. I informed them I didn't appreciate the phone call but since they were on the phone I informed them I didn't owe them any money and to stop harassing me.

 

It sounded like a wee daft lassie on the phone who was reading from a script. She said they 'may' add this to my credit file. It sounded very much like a threat. Can they do this?

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I did the maths on our situation in the end from the bank statements and it tied into their figures... so rather than a CCJ we decided to settle the bill and move on... all the best.

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yes (and no), but if they have got it wrong they may end up having to pay you a fortune in compensation. Should they contact you again let them know this. The no bit refers to whether it is a credit agreemnt or not they hold with you, if, like me, you refuse to give any information other than name and address then they cant say they have the right person's credit file. For eg, my dad and my son and daughter have the same initial as me, my wife, mother and sisters inlaw all have the same initials and with an uncommon surname they would have to tread very carefully indeed if they wanted to play that one.

Have you done your sums yet? Writing to the administrators as a creditor may well stop them from demanding money without any evidence it is owed as clearly someone is incorrectly processing your personal data

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