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    • 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.
    • 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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Claim for GE money Mortgage fees *** Settled***


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I had a letter from SPML regarding fees etc,

 

 

they have agreed that their fees were too high and will be refunding the difference

between what they should have been and what they actually charged,

 

 

ok so far

but didnt have many fees with them so no biggy there,

this is a redress scheme agreed between them and the FCA

 

 

having also had a mortgage with GE money where there were a significant amount of fees added,

mainly after the breakdown of my marriage,

 

 

i contacted them to ask for these back and was told that only 1 of them was being refunded!!

 

 

Shocker eh, no matter tho, they dont know me very well, let battle commence, think its time for a SAR

 

Will update as and when things happen

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go nail 'em they are a very hard nut to crack

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Well i didnt need to send an SAR,

 

 

i simply replied to the letter asking for the statements and they have arrived in less than a week!

 

 

Good so far, just need to sift thru and outline which i can claim back and which are legit,

they have some strange names for the activities on the account

but worst case scenario is i'll pop em all in and see what happens.

 

The way they appear to have worked is that any and all charges,

whatever they may be for are accrued in like a side account which attracts additional interest at the contracted rate,

 

 

but and heres the sting, u dont have to repay these until you redeem the mortgage,

so maximum charges plus interest on top of all the other confusingly titled debits on the account.

 

Ahh well, kettle on, lets get cracking

 

i am assuming i should use the CISheet for this as a spreadsheet and look for the highest rate of interest they charge?

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hey doing fine

 

will be an inspiration for others.

 

in the back ofmy head

I believe GE only charge simplr 8% stat int?

 

not compounded on these charges?

 

so the statint sheet might be the right one.

 

if they do

their and you int figures should almost match?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi dx, been a while eh!

 

so just a quickie, should i not use the cisheet and use statsheet instead?

 

partly asking as ive just started it and on putting in the average apr at 7.49% in D15, the first entry of a £20 charge for dd recall, charged on 30/7/07 has calculated over £86k in interest, lol.

 

as much as i'd love to carry on i think thats a touch wrong.

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please could somebody help me find the statint spreadsheet for mortgage charges, i cant find one anywhere now but i have seen it!

 

TIA

 

martin

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Looking at the statint spreadsheet, its set out for PPI and my claim will be for mortgage charges, is it editable to suit and also, when entering the charges it is calculating interest on say a £20 charge from 2007 to be £185?

 

I think i must be doing something wrong here, i'm not au fait with office programs so any help is much appreciated

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no simply use it

that's ok for mortgage and the int is about right too

 

 

all you need to do is fill in date amount and desc.

the sheet auto does everything else for you

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi dx,

its not doing that tho,

maybe bcoz im using it in openoffice,

 

 

not sure but what ive done is use the CISheet,

added 8% compound interest as this is roughly the interest i was being charged for the mortgage

but oddly, in the "days since charge applied" column it simply adds todays date in an american format

so ive had to manually work out from the latest charge,

how long ago in days that was,

 

 

as it was 28/10/2013 it was easy, 730 - 20 days as its almost 2 yrs ago

and then counted all the way back for each date there was an incident back to 2007

which for the first incident was exactly 3000 days ago on 30/7/2007.

 

been a bit of a pain but i'm happy that the compound interest is correct on the spreadsheet.

 

 

E.G. £20 x 8% compounded by over 8 yrs or 3000 days, equates to around 75% of the initial £20 or £17.56 to be precise.

 

That looks right to me, what do you think?

 

Martin

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sound correct

 

our sheets do work on open office ok

 

never had anyone with any issues

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i wonder if any of you could cast your thoughts on this:

 

i'm currently starting a claim for mortgage charges etc and have done a spreadsheet etc and just about to send the prelim,

but it struck me this morning that it may be incorrect to calculate interest on the charges.

 

The reason i say that is, and it certainly applies to GE mortgages,

when you are charged a fee, for example, administration fee @ £40, that fee is then put into a side account that runs alongside the mortgage account

and attracts interest at the same rate the mortgage does,

but i think crucially to any claim, you dont actually pay that fee, plus any interest, until you redeem the mortgage.

 

In my case for example, £40 fee charged, added to a side account that runs alongside mortgage and attracts interest,

didnt pay that fee until the mortgage was cleared in 2014, so it had accrued interest aswell.

 

That being the case with all the subsequent fees and additional interest,

is it therefore justified that i am now claiming compounded interest

from the date the charge was levied in 2007, or should it be from the date it was physically paid in 2014?

 

Hope thats clear as mud

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any thoughts for post #12 above?

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as far as I am aware GE don't compound int?

its simple 8%?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The additional interest,

which is what they apply to unpaid fees is charged to the mortgage account in a separate side account

so you effectively have 2 balances,

one fir the main mortgage and

one for the interest bearing fees and charges.

 

 

The interest on this both balances is applied monthly on the 30th, isnt that compounding it?

 

Also this second balance wasnt paid until the mortgage was redeemed.

 

 

So from a reclaiming point of view, it looks like i can only claim 8% from the date it was paid, ie april 2014.

 

Unlike a bank charge which is debited on a given date and paid as soon as cash hits yr account.

 

Does that make sense?

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I think you might be right.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

spreadsheet completed, prelim letter ready, ink for the printer in the morning (darn kids and homework, never any ink when i need it!!)

 

off to the post office i go

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  • 4 weeks later...

Had no response from my prelim so far so moving on to LBA.

 

As a side note tho i am having some difficulty with the spreadsheet, as in, i thought that as the date changed it automatically updated the compounded interest column but it hasnt, its exactly the same as when i printed it off.

Probably something ive done wrong with it but if anyone is up to speed with spreadsheets, im using the CISheet v101.xls but as i dont have office im using it in openoffice, any help with this would be enormously appreciated

 

thanks

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sheets should be ok in open office

 

did you leave the claim to date box alone

should have a formula of =today() or something like that in it.

 

not got value! error in any cols have you

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i put the date in the claim to box, just tried to change that to read =today and it changed itself to #NAME

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opps that's why

 

 

download a new copy

and copy and paste your 3 cols into it.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx, like a typical bloke, i didnt read the notes attached to the spready :oops:

 

Ive got another copy of it and will redo it tomorrow while im home all day and get it posted

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you could try putting the formula back

 

 

should be:

 

 

=TODAY()

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ive re done the spreadsheet but putting 8% in is giving telephone number sums, is it the daily interest rate that goes in there? not 100% certain what the daily rate is

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Could anyone advise what i should enter in box D15 for the interest rate please, ive tried entering 8% but this gives ridiculous sums, is there a daily rate to enter which equates to it being 8%?

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