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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.
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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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Dmr offering big big discount?


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Hi all

My other half took out a loan with toothfairy for £400 which escalated to £2500.

 

Now over the last month or so black water & DMR have been sending txts trying get her to make contact.

 

Now they have sent a txt saying pay £80 & they will close the account and if she doesn't face possible legal action or they will sell the debt on.

 

Now I think they are just dangling a carrot hoping she will bite and make contact.

 

Any thoughts on this one or could they be being genuine.

 

Thanks

Bigboj

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Hi

That does sound odd. While we know they paid a pittance for Toothfairy's loan book (7.5%+) it may be that they are not getting what they hoped for.

 

Asking for 20% of the debt is a possible good thing as the debtor gets clear and they make a profit.

 

Before even thinking about it, you want this in writing, not by text.

 

I am wondering if they will try and prey on a debtors ignorance. In a Full & Final settlement, if the debtor does not ensure the creditor does not sell on any remaining amount, they may just do that.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi

That does sound odd. While we know they paid a pittance for Toothfairy's loan book (7.5%+) it may be that they are not getting what they hoped for.

 

Asking for 20% of the debt is a possible good thing as the debtor gets clear and they make a profit.

 

Before even thinking about it, you want this in writing, not by text.

 

I am wondering if they will try and prey on a debtors ignorance. In a Full & Final settlement, if the debtor does not ensure the creditor does not sell on any remaining amount, they may just do that.

 

They did not pay a pitance!!! They are most likely the same people behind toothfairy who just moved around because their scapegoats like larholt coul not be used anymore. We have strong suspicions that they could be related to Tanja and Per Gullestrup but we need to prove it

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They did not pay a pitance!!! They are most likely the same people behind toothfairy who just moved around because their scapegoats like larholt coul not be used anymore. We have strong suspicions that they could be related to Tanja and Per Gullestrup but we need to prove it

 

 

Until we get equivocal proof of these statements, I cannot see this. There may be 'guiding hands' but they will be from a distance away. For this particular thread, we have to assume that some money changed hands so that the settlement figure means something.

 

I can only go on what I read in the media.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Until we get equivocal proof of these statements, I cannot see this. There may be 'guiding hands' but they will be from a distance away. For this particular thread, we have to assume that some money changed hands so that the settlement figure means something.

 

I can only go on what I read in the media.

 

There are two issues here: who they are and what they offered Craig. Their offer looks good and he should take it if he can get it in writing, it doesn't matter who owns dhr and wlp for the settlement. Who they are is of interest to me because I just can't let evil get away with it. If you can only go by what you read in the media, then good luck because you'll often be misguided. I go by what I know and if I don't know and truly care, I'll find!

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Any discount should be checked very carefully. Especially if involves pdls and their dcas.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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There are two issues here: who they are and what they offered Craig. Their offer looks good and he should take it if he can get it in writing, it doesn't matter who owns dhr and wlp for the settlement. Who they are is of interest to me because I just can't let evil get away with it. If you can only go by what you read in the media, then good luck because you'll often be misguided. I go by what I know and if I don't know and truly care, I'll find!

 

Fair enough! Rather than post on a different thread, why not start a thread with all your evidence so far. It would be useful to keep it all in one place rather than spread around the forum.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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As Silverfox says we have to believe what the administrators of the company says and is reported in the media.

 

The info I read was that the loan book is several million but only about 10& of that is classed as recoverable. For that a figure of about £25K was quoted. It strikes me that much less thatn 7.5% was paid in which case a settlement figure of 20% is probably quite reasonable, a nice little earner.

 

As for all the other allegations , I have yet to see a shred of evidence and without evidence Mr Gullstrup could i think sue for defamation although he may think it not worth his while

Any opinion I give is from personal experience .

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They did not pay a pitance!!! They are most likely the same people behind toothfairy who just moved around because their scapegoats like larholt coul not be used anymore. We have strong suspicions that they could be related to Tanja and Per Gullestrup but we need to prove it

I'd like to see this " evidence" and the foundations for these suspicions.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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sorry, i meant that if they are connected to webloans, the 25000 they paid means nothing. To be honest it does sound like a ridiculously small amount anyway and is another argument in my mind to find out who dhr is. we could have all joined up and paid this amount and cancelled our loans cheaply!!! 25000 just doesn't sound right

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Hi all

My other half took out a loan with toothfairy for £400 which escalated to £2500.

 

Now over the last month or so black water & DMR have been sending txts trying get her to make contact.

 

Now they have sent a txt saying pay £80 & they will close the account and if she doesn't face possible legal action or they will sell the debt on.

 

Now I think they are just dangling a carrot hoping she will bite and make contact.

 

Any thoughts on this one or could they be being genuine.

 

Thanks

 

This could well be true. I have had dealing with these. I personal used this company. I had trouble paying back. I original borrowed £400 and which did escalate to £1028. I paid about 100. And had trouble with rest. I missed a few agreed payment. Then I contacted NDR. (Now black water but still use the NDR website so really it's just a different name) they told me if I paid 320 the account would be close and balance cleared and they give me 28 days to do this. And sent me email to confirm. Also said if I failed to pay it then would revert back to original balance. Now to unforeseen problems I failed to pay this and as they said to reverted back to original balance. I contacted them again. After contacting them they told me someone would call me. They did within the hour and after talking to her was put on hold and when she came back. She told me if I could pay 107 within 28 day again account would be closed. I was sent email again with new agreement on. I paid it and account is now closed. That was 2 months ago.

 

If you go on the NDR website and the the pay now section. Sign in with your email and contact number with the '0' missed reached with '44'. You will see what you owe and this will also show you what you owe after an agreed payment put into place. U can pay her too (I did).

 

On another point if you go on the tooth fairy website and just click apply now it won't let you. I think and does make sense. Tooth fairy as been closed down and that why the debt collectors are offering these lesser settlement. In Order for they to get at least some money.

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You should NEVER phone these people. Ever. They will say and do ANYTHING to get money from you. You should also only ever pay via standing order or a defunct bank account. DO NOT GIVE THEM YOUR CURRENT BANK DETAILS.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Well in this case it's sorted. The company as closed down. After reading about it on here I looked on Internet. And the citizen advice website. They have had there licence taken from them. U need to pay debt. It's an agreement. Regardless who it is with. So there for it is safe to pay. I have had no come back. And like I said it's been 2 month.

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Richard

I suspect your time scales are a bit wrong.

You say you paid 2 months ago and that was after not being able to pay the agreed amount within 28 days.

 

That sadly goes back to almost the exact date webloan processing went into Administration.

 

In my opinion it is not safe to pay by debit card or even god forbid credit card.

The safe way is either via faster payments or maybe even a cheque (for those of us that still have cheque books)

 

I have to say I seriously suspect your motives

 

I would also add that for some people even a 50% discount is beyond their means in a lump sum

 

Please remember that this shower paid an estimated 25K for recoverable assets of around about 750K although a director of the company suggested recoverable assets were twice that.

 

The fact the loan book was worth 10.8 million with less than 10% of that deemed recoverable does make me wonder how much of it was made up of charges and has there been any accounting fraud (just a question NOT an accusation)

Any opinion I give is from personal experience .

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Richard, I agree with fletch70. Your timing doesn't make sense. I don't know who you are but you're new. I also suspect your motives. You are encouraging us to deal with dhr on no basis and no written agreement and give them our account details. That's mad mate.

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Less of the personal attacks guys. Save it for somewhere else.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I think If you want to be rid of this matter, accept the F&F offer on the following conditions, which must be agreed in writing not text or e-mail.

 

 

1. The settlement is made on condition that the remaining balance is not to be sold or assigned to any 3rd party for collection.

2. All adverse data is removed from CRA files immediately.

3. These conditions must me confirmed in writing prior to payment being made.

4. Payment is made as a " gesture of good will and without admission of any liability".

 

 

Send the letter by signed for post and check delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I have no issue whatsoever with someone paying off a debt with a full and final settlement if that is what someone wants. The suggestion that the Brig makes is a good idea , there are also full and final templates in the cag library.

 

Richard

There really is no need for that sort of language, I gave my reasons as to why I suspected what you said, it was the timing. I also said that IMO it is a very bad idea to pay by debit card, there are too many examples of the system being abused by creditors.

Sadly your post is the sort of thing that a troll employed by the creditor would place (not necessarily with the creditors knowledge) hence me being skeptical. The site team obviously accept you are genuine therefore I will not pass further comment

Any opinion I give is from personal experience .

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Yeah don't. What u say makes sense. I was just giving my experience. And anyway once it's paid as agreed and you don't feel your bank details are safe. It's simple get a new card. But I don't appricate you or anyone else suggesting I have motives. It's rude and perfetic.

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None of this is helping Craig, to continue in this frame is pathetic!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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And anyway once it's paid as agreed and you don't feel your bank details are safe. It's simple get a new card.

 

Sadly that does NOT work with PDL's as they utilise a mechanic known as a CPA.

 

And people really need to stop the back and forth trying to get the last word in. It doesnt add anything to the thread at all and just serves to derail it. It's much better simply to ignore the poster.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Less of the personal attacks guys. Save it for somewhere else.

 

Agree with that! Recently a few guys just pop up like this richardc123, brand new, never posted before, and suggest stupid things in favor of dhr. We have to be very minfdful that the dhr people or jordan taylor and Tanja Gullestrup have access to this forum just like us.

If dhr makes a good offer, it should be taken but make sure the conditions are right.

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