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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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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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10 year old debts with debt management company


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This is asking for advice

 

 

ten years ago I was taken very ill and had to give up working

have undergone ten years of major surgery and hospital treatment

my wife working part time to look after me .

 

 

rightly or wrongly and I know in hindsight wrongly before I was admitted to hospital

I was fully aware I would be unable to keep up with my outstanding debt repayments .

 

contacted a debt management company to handle my debts as I was fully aware

that within weeks I would not be in any position to deal with it

and thinking that being honest and facing up to this that I would not be able to deal with this

along with trying to take pressure from my wife

 

 

we both signed agreement for the debt management company to act on our behalf

and at no time without hiding from any liability.

 

Just in the last few months I have been well enough to relook at what we had done

and now realise what a huge mistake I made as after all these years

 

 

after paying thousands of pounds I have only reduced the by hundreds

yet I was paying for PPi and other payment protection schemes on all the accounts

 

 

yet a few years the same management firm offered a PPI repayment plan

although they stated that some of the debt was covered

and they reclaimed refund all that happened was it reduced the debt

and I ended up with another debt for their fees which was added on to the monthly repayment plan

and according to them now it will take another 89 years to repay what we owe by which we shall both be dead

 

Yet when looking through old paper work in the last few weeks due to my health improving

I found a credit statement from one of my debt companies stating that they had accepted the monthly repayment

of one pound per month but where changing a payment options plan of sixteen pounds

and this was three years after I first entered in to this debt management plan.

 

I have within the last few days asked the debt management firm if they had details

of copies my original credit agreements and as they acted on our behalf

could they forward them to me or ask for them

 

 

which I was informed they did not and would not be able to obtain them

 

 

surely how can they undertake a debt management plan without the agreements .

 

I am fully aware now that I have been been ripped off by the debt management firm

and by the credit firms and now believe honesty does not pay by admitting my indebtedness

trusting somebody to deal with it has now cost my wife's health and I will never recover my my illness .

 

I feel there must be a solution but it seems far to late to do anything now

as I accepted the debts by handing every over to a debt management firm

as I was not in position to deal with it due my health so any help would be very gratefully

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whos the DMP firm please

 

 

dyes they've had you blind and I bet

the PPI CMC is linked to them as well.

 

 

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 The first debt management firm was called Spectrum then Money Village and the PPI firm was Curly Wig if that is of any help

 

trouble is I am about go back in hospital for further spine surgery which means I am unable to undertake much for months at a time .

 

due to my illness and now my wife's early stages of Alzheimer's diagnosis we have now no chance of repayment of these debts of which we both fully and totally accept our liabilities for

 

our health issues are stopping use from being able to return to work to repay them and being stupid enough to think that we where covered by PPI and the debt management firm where acting our best interests to help repay the debt due the situation we found ourselves in.

Edited by dx100uk
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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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  • 1 year later...

Hi

Could somebody in the know tell me

 

when Spectrum Finance stopped trading and all accounts where transferred to Money Village in leeds which now seem to have move back to keighley where Spectrum Finance where based are one of the same.

 

Thank you for any help .

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Old &new threads merged

 

I hope you dumped them!!

 

Yes I believe they are

Look in those other spectrum threads

I think we found links on FCA register

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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