Jump to content


  • Tweets

  • Posts

    • 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?
    • Steam is still needed in many industries, but much of it is still made with fossil fuels.View the full article
    • Less than 1% of Japan's top companies are led by women despite years of efforts to address the issue.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2535 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all.

I am new to the forum and would really appreciate any advice and feel a bit unsure asking as I have never done this before. Sorry if it is long winded.

 

I had an unpaid magistrates fine of £370 passed to Collectica.

I received a letter by post from them stating I must pay £675 in full or contact them to arrange a payment plan.

 

Nobody has ever attended my property or hand delivered anything.

I called Collectica and they accepted that I could pay £337.50 (half the amount) in 7 days time and then 5 further weekly payments of £67.50. This was an awful lot to me but I agreed.

 

I paid the £337.50 by debit card the following week ( it was a Thursday) as agreed.

Then I paid my first payment of £67.50 the next Thursday as agreed again by debit card.

 

The following Wednesday I noticed when on my online bank that my payment was still showing as pending which it doesn't usually do for that long.

 

I called my bank and they said that the person or company receiving the payment had not claim it and to give them a call.

 

I rang Collectica immediately and told them and the lady I spoke to said she was unsure why this had happened and the amount would go back in to my bank account and she would place my account on hold till the following Monday and I could ring back up and re make the payment.

 

I advised her that my 2nd payment would be due tomorrow and that I was more than happy to make both payments whilst on the phone and I would just wait for the returned amount to go back in to my account. She said this was not necessary and to call back on Monday.

 

That following week my son who is severely autistic and has learning difficulties started having seizures which we were in and out of hospital for and it was a very worrying and stressful week in which I completely forgot to call Collectica and I hold my hands up this and am not saying it is right or trying to make excuses, I was just extremely worried about my son

 

I called Collectica yesterday and explained this to them and also made a payment of £250 by debit card which was every penny I had and left an amount of £87.50 which I said I was able to pay in 6 days time (5 days as of today).

 

I was advised that my account had been passed to enforcement and that if they came before I paid the £87.50 I would incur further charges. This is the part that has me worried.

 

I have paid so much to them already and actually owe less than I would have had the problem with them not claiming the payment I made happened and had still been paying the instructed weekly amount.

 

I only owe such a small amount and I have never once refused to pay or disputed any of it and I'm just so worried that they are going to turn up before Monday when I pay the £87.50 and I'm going to end up owing so much more.

 

I don't know if there is anything I can do I am just sitting here expecting the knock on the door and was just looking for any advice and understand if there is none to give.

Thank you for taking the time to read and in advance of any advice offered.

Link to post
Share on other sites

I would suggest that you call Collectica and explain to them, that you are anxious to ensure that their computer system does record the agreement that you believe should be in place for your final payment to be made next Monday (of £87.50).

 

If you encounter any problems, please post back.

Link to post
Share on other sites

If you'd had no visits then the fees would only be £75, making the amount to be paid £445. Why are collectica demanding £675? Have you asked them for a breakdown of those fees?

Link to post
Share on other sites

Hi Bailiff Advice, thank you very much for replying.

 

I don't think there will be much point in calling them.

I paid them £250 yesterday

however they wanted the full £337.50 which I simply did not have

said I could pay the remaining £87.50 by Monday,

 

said I was no longer in a payment plan and it had been passed to enforcement as I did not ring them

which I explained about my son and said I was not using it as an excuse and was not looking to get out of paying

just that I simply could not afford the remaing £87.50 until Monday

 

she advised me to try borrow it as I would incur fees if they turned up before Monday?

Link to post
Share on other sites

You had a court fine for £337 but the letter from Collectica required you to pay £675. The statutory notice that you should have received would be called a Notice of Enforcement and a compliance fee of £75 should have been added making a total amount due of £412.

 

If a visit had been made (which you say has not been the case) then a further fee of £235 can be charged. If so, the amount would have increased to £647. Somewhere along the line the figures don't add up. Can you clarify the position as it would seem that a visit has been made.

Link to post
Share on other sites

Hello Whitely, thank you very much for replying. I'm not sure,

 

I have no idea about what fees are charged to be honest so I did not even question it. I just read their letter, panicked and got straight on the phone to them and agreed to the payment plan they offered (even though I knew it would it be a struggle but I just wanted it sorted and paid)

 

Do you think I should ring and ask for a breakdown of the fees? I don't want to aggravate the situation in any way if possible before Monday, I think I'm just hoping and praying nobody turns up before then,

I can pay the remaining small amount and be done with it.

 

I just really, really in all of this do not want anyone to turn up as my son would find it extremely upsetting and I do not want to put him through that.

Link to post
Share on other sites

Hello Whitely, thank you very much for replying. I'm not sure, I have no idea about what fees are charged to be honest so I did not even question it. I just read their letter, panicked and got straight on the phone to them and agreed to the payment plan they offered (even though I knew it would it be a struggle but I just wanted it sorted and paid) Do you think I should ring and ask for a breakdown of the fees? I don't want to aggravate the situation in any way if possible before Monday, I think I'm just hoping and praying nobody turns up before then, I can pay the remaining small amount and be done with it. I just really, really in all of this do not want anyone to turn up as my son would find it extremely upsetting and I do not want to put him through that.

 

If the letter that you received from Collectica was the Notice of Enforcement (which I what I assumed that it was), it should have had a Compliance fee of £75 added. Do you still have a copy of the letter? If so, can you check the figures and post back.

Link to post
Share on other sites

The court fine was £370 not £337,

as far as I know I have not received a visit at all,

 

I have had a letter delivered by Royal mail, not hand delivered

I rang them up upon getting this letter and the agreed to a payment plan.

 

I am assuming (as I don't know much about how they work) that if I had been visited and charged the £235 attendance fee before speaking to collectica over the phone to arrange the payment plan when I received their letter through the post

then I don't think they would have been so willing to set the payment plan up?

 

I will check to see if I still have the letter,

the last letter I had was a confirmation of the payment plan I had agreed over the phone.

 

Hopefully I can find it and work out what the fees are or else I'm going to have to ring them for a breakdown

 

I'm just so scared they might take the hump with this and the enforcement agent will show up before Monday because of this.

 

I'm probably being paranoid but I'd rather be that way than just act like nothing is wrong.

Link to post
Share on other sites

My mistake with the £337.

I do apologise.

 

 

Could you have a look at the letter and post back with the precise amounts.

Are you sure that the letter is entitled: Notice of Enforcement?

 

PS: I am not around for the next few hours so will check back later.

Link to post
Share on other sites

The court fine was £370 not £337, as far as I know I have not received a visit at all, I have had a letter delivered by Royal mail, not hand delivered and I rang them up upon getting this letter and the agreed to a payment plan. I am assuming (as I don't know much about how they work) that if I had been visited and charged the £235 attendance fee before speaking to collectica over the phone to arrange the payment plan when I received their letter through the post then I don't think they would have been so willing to set the payment plan up?

 

HI

Sorry to hear about your problems, if i may ask why do you think the above(highlighted) may be significant ?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Hi dodgeball, thanks for replying.

 

In answer, I'm not entirely sure why I think that is significant,

I have no idea how these things work and I just made the assumption in my own mind that if I had been visited without knowing i.e. I was not in at the time, then there would have been some sort of hand delivered correspondence

 

I now assume that this might not be the case as you are asking me why I think that it is significant,

I think what I meant was I have only ever been contacted by Collectica through a letter that was sent through Royal Mail giving me 7 days to pay the amount or arrange a payment plan which I did do,

 

I have never answered the door to anyone from their company or any enforcement agent and was under the impression that they would leave something to say they had been.

 

thank you for making me laugh (which I can assure I have not done in a while) as I've just had a good chuckle to myself that you must be thinking "what is this fruitcake talking about".

Link to post
Share on other sites

You're quite correct.

A letter delivered by post would be a notice of enforcement, not a notice of a visit.

 

 

Can you give us some timescale

- what date was on the letter,

what date did you receive it,

what date did you set up the payment plan.

Link to post
Share on other sites

No problem.

So you say the letter gave you"seven days to pay".

In that case it was definitely the notice of enforcement, and would have meant you had incurred the initial compliance fee of £75.

 

You seem to have worked out the rest of the procedure, in that the enforcement visit would necessitated the leaving of a notice if you were out.

 

They cannot make the enforcment fee charge until this visit is made.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...