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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?
    • 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
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Natwest step-by-step Complaints Procedure.


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Hello all.

 

I am just sending out my LBA. I have included a paragraph about that they have not followed their complaints procedure and it is being sent to a free post address.

 

Step-by-step Complaints Procedure

We want to:

  • Make it easy for you to raise your complaint
  • Listen to your complaint
  • Consider how you'd like us to remedy your complaint
  • Make sure you're satisfied with how your complaint was handled

How and where to complain

 

In personVisit any of our branches and speak to one of our staff.

Use our Branch Locator to find your nearest branch.In writingAddress your letter to The Manager of your branch or your Relationship Manager.

Use our Branch Locator to find the address for your branch.By telephone

Use your usual number for contacting the Bank, 24 hours a day.On-line

Complete our on-line form. Please note that additional personal information should not be included in this message for security reasons. We will respond by telephone or letter for the same reason.

How long will it take?

 

ImmediatelyOur aim is to resolve your complaint straightaway.Two daysIf we haven't resolved your complaint within one week, we'll write to you:

1) Explain why we haven't managed to resolve your complaint

2) Tell you how long we expect to take to resolve it

3) Tell you who is dealing with your complaint

Two weeksIn most cases, we'll resolve your complaint within two weeks.

If we haven't resolved it within two weeks, we'll contact you (normally by phone) to update you.After two weeksWe'll keep you informed on a regular basis until your complaint has been resolved.

In exceptional circumstances, where your complaint is particularly complex, matters may take longer to resolve.

If this is the case, your complaint may be passed to our Customer Relations Unit who will continue to try to resolve it.Eight weeksIn the unlikely event we can't reach an agreement with you by the end of eight weeks, we'll send you a 'Final Response' letter, which will explain our final position, or, a letter giving reasons for the delay in resolving your complaint and an indication of when we expect to reach a conclusion.

We'll tell you about the Financial Ombudsman Service and how to contact them about this complaint.

What if you're not happy with our response?

 

Our aim is that your complaint should be resolved as quickly as possible by staff who have the right experience, knowledge and authority.

If you're not satisfied by our action or explanation your case can be reviewed at a higher level within the Bank.

Our Customer Relations Unit is a specialist team who'll investigate your complaint fully and aim to reply within two weeks. If the investigation is likely to take longer, they'll keep you fully informed.

You can write to the Customer Relations Manager (address below). Please quote your account number, branch sort code, details of your complaint and what you'd like the Bank to do to resolve it.

NatWest Customer Relations

FREEPOST NAT12685

BOREHAMWOOD

WD6 1BR

Our Customer Relations Unit number is: 0800 015 4212. (If you have speech or hearing difficulties and are a textphone user, you can call us on 0800 917 0527).

Overseas callers should dial + 00 44 20 7649 9315.

If together we can't reach agreement

 

The Bank is a member of the Financial Ombudsman Service and if we can't reach agreement with you, our Customer Relations Unit will send you a 'final response' letter. This letter will clearly set out the Bank's position in relation to your complaint.

The Financial Ombudsman Service

 

Our aim is to resolve all complaints internally. However if you are not satisfied with our suggested resolution, or if eight weeks have passed since you first brought your complaint to our attention, you have the right to refer your complaint to the Financial Ombudsman Service. If you want the Financial Ombudsman Service to look into your complaint, you must contact them within six months of the date of any final response issued.

You can write to them at:

The Financial Ombudsmen Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

Alternatively you can phone 0845 080 1800. Further helpful information can be obtained from visiting the Financial Ombudsman web site at www.financial-ombudsman.org.uk

The Financial Ombudsman Service offers a free independent service and they can help with most financial complaints. However, there are some limitations on what the Financial Ombudsman Service can look into, and further information about this can be obtained from them directly.

We are committed to resolving your complaint fairly and quickly. In most cases this can be done if you contact us as soon as possible. We will try to resolve your complaint by listening to your concerns and agreeing a solution with you.

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I have included the following paragraph in my LBA expressing that with this process they are breaching their own complaints proceduer:

In addition I would like to draw to your attention that you have not followed your own complaints procedure.

If we haven't resolved your complaint within one week, we'll write to you:

1) Explain why we haven't managed to resolve your complaint

2) Tell you how long we expect to take to resolve it

3) Tell you who is dealing with your complaint

In most cases, we'll resolve your complaint within two weeks.

If we haven't resolved it within two weeks, we'll contact you (normally by phone) to update you.

We'll keep you informed on a regular basis until your complaint has been resolved.

In exceptional circumstances, where your complaint is particularly complex, matters may take longer to resolve.

If this is the case, your complaint may be passed to our Customer Relations Unit who will continue to try to resolve it.

These are your words not mine.

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your complaint will be passed to our customer relations unit. Where do the letters get sent? here is a big clue.....they are based in borehamwood and the initials are CRU. That is the advice I have given for the last month and a half. Prelim letters and LBA to Customer Relations Unit Borehamwood.

I am still lost here.

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your complaint will be passed to our customer relations unit. Where do the letters get sent? here is a big clue.....they are based in borehamwood and the initials are CRU. That is the advice I have given for the last month and a half. Prelim letters and LBA to Customer Relations Unit Borehamwood.

I am still lost here.

 

Nattie

 

not sure there is really any need for the sarcasim directed at the author. Without doubt you have knowledge of the system and this letter may actully confuse or get you lost. But your response is a little patronising!

 

You need to be a touch more restrained, dont want to sound like a Customer Service Advisor, does one!!!!

4th Dec 2006 : Posted S.A.R - (Subject Access Request) :o

18th Dec 2006 ; Received Statements :)

28th Dec 2006 ; Posted prelim letter (£3351.00) :rolleyes:

11th Jan 2007 : Reply, still investigating :x

16th Jan 2007 : Posted LBA (£3331.00/£556.00) :-(

31st Jan 2007 : Bank make offer of £3331.00 :D

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I have never really been worried what people do or do not think of me, period. I just do not see what the OP is suggesting that NatWest are not following complaints procedures when all the way through over the last few months there have been posts stating a response to a prelim letter is that they will respond within 10 days(a holding letter) as the OP has suggested and these responses were called "delaying tactics". Now they are being dealt with by customer relations unit they are still "delaying tactics". What more can I add? The process as set out has been followed by most people and customer relations are now dealing with all letters. If you want, I can say brilliant letter nodding like a dog, going along with the crowd, but that is not me. I call it as I see it, like it or hate it. Yes, I am sarcastic at times.

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Nattie You Have missed the point of my reply!!

 

I always smile to myself when people say "this is me dont care what people think etc etc." Half expecting a blast of My Way, or I am What I am " to follow :lol:

 

My point was that the author had spent time relaying their information on their thread. Whilst this opens them up to views/thoughts/opinions etc surley it has to be constructive, blunt, direct . But constructive. Its not about being some kind of nodding dog (!), just respectful abouts someones elses expreinece

 

This process is diffcult enough without having your thoughts/expreinces almost riduclued. I guess I come from a diffrent mindest. that belives its better to say nothing at all if you cannot say anything positive. But I guess thats me, I am what I am or will do it my wayyyyyyyyyy:D

4th Dec 2006 : Posted S.A.R - (Subject Access Request) :o

18th Dec 2006 ; Received Statements :)

28th Dec 2006 ; Posted prelim letter (£3351.00) :rolleyes:

11th Jan 2007 : Reply, still investigating :x

16th Jan 2007 : Posted LBA (£3331.00/£556.00) :-(

31st Jan 2007 : Bank make offer of £3331.00 :D

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Point taken so apologies if the OP feels offended. The quote is from the NatWest Website, if I am correct on the wording.

As I pointed out, NatWest have been following complaints procedures but on this site it has been called "delaying tactics" which on most initial posts that I have read has not been the case, athough I accept that in some cases no response is clearly not following the procedures in place.

In relation to customer relations unit, the most recent ones have shown that some letters have been written to state that the case is going to CRU. I will have a look at your thread Banking Idiot and see if in your case specifically that this has not been adherred to and will edit the bottom of this post. Then I will get my coat:D

 

Ok read the thread and within 10 working days a response was given so one aspect was not followed acknowledginging the complaint and that was by 5 days so instead a holding letter was sent.

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