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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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What do DCAs pay for a debt?


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Apologies if my threads are peppering the board like a rash but I have all kinds of questions and I don't want to hijack other people's threads.

 

I've been wondering what percentage of the original balance is paid by DCAs to the original creditor, to purchase a debt? Is there a set percentage or does it vary?

 

Reason I'm asking is that, if it ever came to me wanting to settle a debt with a DCA (unlikely as things are now :(), I'd want to have some idea of a realistic figure to put forward.

 

If say, the original debt was £10K, would the DCA have paid £8K, £5K or even £2K?

 

My instinct would be to try and settle a debt like that for say £3K if I could. Does that ever happen?

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If say, the original debt was £10K, would the DCA have paid £8K, £5K or even £2K?

 

More likely £1K. They usually pay around 10% of the value of an unsecured debt.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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It does beg the question - why on earth do the banks not make the debtor the offer of a full and final at 10% rather than selling it on to these vultures?

Because there would be no tax benefit to the bank in doing so.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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It does beg the question - why on earth do the banks not make the debtor the offer of a full and final at 10% rather than selling it on to these vultures?:confused: :confused:

 

Very annoying really. Don't quite understand the logic.....if there is any that is:rolleyes:

 

Firstly, they don't want to make it easy on people who don't fulfill their commitments...

 

and, secondly, because the Tax Man will enable them to write off a substantial amount of the debt against profit, which wouldn't happen if they were to do the same thing to their client.

 

Don't forget... many of the banks OWN DCA's as part of their business strategy.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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The tax break is bigger if they writing off the whole of the debt........oops got there to late. Tomterm8's given you a fuller answer.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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yes, a whole industry has been built up the back of the misery of others.

Some of the trolls that scour this site should look to their own corners before they go about criticising us and questioning our morality:-x

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Absolutely right. It's all a big rip off and another way of profiteering for Banks. Ironically, there's money to made from debts!!

 

 

Settling your debts

 

That site is obviously very USA but take alook around, it makes a very interesting read considering many of our own DCA's/Purchasers are US based or influenced.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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My personal experience.

The DCAs buy at various risk categories.

As you say usually around the 10% mark.

I'm dealing with an alleged debt for a third party, CCA'd the DCA and they sent background paperwork instead of the agreement. It showed they paid 2%!

Admittedly this was an old debt almost statute barred with very little chance of contact/payment from the debtor.

Bottom feeders indeed:)

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That's interesting dom2. Can you scan the papers to the site - I'm sure they would make interesting reading. Wonder if the figures quoted by Cattell related to GE Money/Capital Bank who were recently dumped by Harrods? Vandermerwe

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Hi

Sorry but I don't want to upload anything until it's sorted. After that I'll send all stuff such as this to the website.

 

It's simply a computer print out headed creditsolve - live; legal report.

Gives the date acquired and in line5 says ....

P/£ - 0.0249

 

Oh, and now they confirm that there's no copy of agreement.

 

It seems to me that many contributors on this site are in a similar position. Nice to know just how little the DCAs pay for high risk lots.

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  • 5 months later...

if a CREDITOR sells a debt & claims tax relief when in default is it legal?

 

imagine a creditor assigns/sells an alleged debt whilst in default of the CCAct 1978 section 78 and then claims tax relief ----- has anyone thought of writing to the tax people to inform them that the account in question was in default [of the CCAct 1978 section 78 ] and consequently this is an illegal action ??

:cool: sunbathing in juan les pins de temps en temps

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if a CREDITOR sells a debt & claims tax relief when in default is it legal?

 

imagine a creditor assigns/sells an alleged debt whilst in default of the CCAct 1978 section 78 and then claims tax relief ----- has anyone thought of writing to the tax people to inform them that the account in question was in default [of the CCAct 1978 section 78 ] and consequently this is an illegal action ??

 

 

Why would it be illegal?

All the default ascertains is that the debt is unenforceable, it still exists.

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

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Why would it be illegal?

All the default ascertains is that the debt is unenforceable, it still exists.

 

This is an interesting point.

 

If the total amount of the debt to be written off is made up of illegal charges and interest that are not contractually agreed (e.g. through the clear absence of a CCA) then I would suggest that claiming tax write-off on the total balance MAY be interpreted as theft/obtaining money by deception.

 

The analogy would be a company writing off bad debt against its corporation tax, knowing that the actual amount is almost certainly less. So for example, the sum defaulted for a credit card is £8 K and the OC has added say £2 K in interest/charges (now £10 K) and sold the bad debt for £1 K they would be claiming tax relief on £9 K. The £9 K would be incorrect by virtue of the charges and interest especially if it was know that no such agreement exists between the parties. Hence they would be obtaining tax relief on a higher amount = deception/theft.

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I wouldn't stress about the tax consequences of OC's geting rid of agreements to DCA's as it's about income, not loss.

 

The reason that they let the DCA's do the reduction for them is quite less dramatic. An analogy - you go into a shop and on one side is a 46" LCD tv for £1000. "that's too much" you say. The assistant says "go upstairs - the same model is £100". Well, I know where I'd do my buying!

 

OC's are in the same position as the shop. The money page of the Daily Mail would be full of articles saying that you only had to pay 10% of your credit card balance to clear it if they started doing that. Yes, there's the odd exception where they will do that - but it isn't THAT common. Using DCA's is just a method of having someone at arm's length do the reduction.

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aUsing DCA's is just a method of having someone at arm's length do the reduction.
.......and cause worry and misery to people, many of which are completely unable to handle debt and who lose their homes, belongings, wives and, in some cases, commit suicide to end it all.

 

Satan must be very happy, rubbing his hooves together in glee.

 

I sometimes wonder how DCA employees sleep at night.

 

Vandermerwe

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Just thought I'd clarify one point mentioned in that site (I know, it's an old post, but I've only just read it ;)).

 

Making a repayment after a debt is statute barred in the US is different from over here. In the UK, the clock CANNOT be restarted afterwards.

 

So if you have a debt that was statute barred, and a DCA has convinced you to make a repayment after the 6 year time bar, STOP PAYING RIGHT NOW. They CANNOT enforce a debt afterwards, and if they have told you that your 6 years has restarted, THEY HAVE LIED TO YOU!!!!

 

But that's no big surprise, I suppose. :D

 

Absolutely right. It's all a big rip off and another way of profiteering for Banks. Ironically, there's money to made from debts!!

 

 

Settling your debts

 

That site is obviously very USA but take alook around, it makes a very interesting read considering many of our own DCA's/Purchasers are US based or influenced.

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