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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?
    • 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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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Virgin on the ridiculous


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So my better half decided to apply for VM services.

 

Easy to do, so you would think? In practice its anything but!

 

Application was accepted and an install date was given, since then its all gone a bit pete tong. Emails arrived, at my better half's email address, addressed to her ex partner! Note that at no point has anyone given anybody else's details other than my good lady giving her own during application.

It should also be noted that there was a restraining order against her ex.

 

As well as emails in an incorrect name, vm would not allow my good lady to access the account which had been set up, why? You may ask, it was because of data protection regs. They didnt care too much that data protection had been seriously breached by adding a 3rd party to an account without permission and carrying out credit checks on said 3rd party!

 

This was all laid out in a complaint to the CEO's office, a reply has been received.

 

In it, VM blame the field agent for applying the wrong details to the wrong account, this is untrue, the field agent has showed my good lady the application, in which only herself was listed as an applicant.

 

This whole saga has caused massive distress to my better half, not least due to the ex partner being slightly less than chuffed at the thought of my good lady attempting to obtain services in his name and the ensuing problems this caused.

 

So what was VM response in regards to resolving this?

 

Re apply, but they still want an upfront payment of £25, for what? No one knows.

A free months service, yep, just 1, i think they can do a lot better than just 1.

 

They are reporting themselves to the ICO for the data breach. I will make certain they do.

 

So what do you all think my good lady should expect as an adequate resolution?

 

All thoughts are welcome and i will be helping her with a suitable response very soon.

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Makes you wonder where they pulled the data from to pull up the wife's ex name and what/how can any connection to any application could trigger this martin ?

We could do with some help from you.

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HAs your other half moved since being with her nasty ex? As if so, couldn't this trigger a search on his credit file showing her current address?

 

VM are a law to themselves, they have banned me for life for complaining about the shower of shyyt they provided me at the time. Actually labled me a fraudster to prevent rejoining. Then they say " We will not provide service to you now or the near future as we do not think we would be able to provide a service that meets your expectations".

 

Go with Sky / BT fibre and they look at Android TV boxes :)

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It beggars belief Andy, somebody, somewhere, within VM have added the details of the ex afterwards, i know this because initially my good lady received a confirmation email in her own name at her email address. A little later in the application process, the emails received were addressed to the ex but still delivered to her email address, somebody had altered something.

 

Flexeh, she still lives at the same address she lived at for 8 yrs now.

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It's incredible that there are still people around to trust VM with their details.

I wouldn't trust them to sweep my drive, let alone handle a 21st century service.

Be ready to a long, frustrating process to get rid of them.

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It beggars belief Andy, somebody, somewhere, within VM have added the details of the ex afterwards, i know this because initially my good lady received a confirmation email in her own name at her email address. A little later in the application process, the emails received were addressed to the ex but still delivered to her email address, somebody had altered something.

 

Flexeh, she still lives at the same address she lived at for 8 yrs now.

 

 

I'm wondering if after her application, that VM then did a credit search, from which they discovered your partners ex was linked to her @ her address (from before she was with you) & that the VM agent then incorrectly used this info to cause the issues your having now.

 

As nothing else makes sense otherwise.

 

If this were me, I would push further for more than 1 months free, this is an utterly ridiculous outcome for a situation that they caused, along side all the stress & distress caused to your partner & self.

 

Good luck!

I don't suffer from insanity, I enjoy every single minute of it!!

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Forget about free stuff.

My advice is to run for the hills, otherwise you will regret it.

If you can avoid any dealings with VM do it, avoid!

Remember my words when you'll eventually file court papers.

 

VM have breached the Data Protection Act. Misuse of data and data added incorrectly.

 

Think i would complain to VM Data Protection/head of compliance and advise that you will involve the ICO in looking at how VM handles data.

 

I see they say that they have already reported to the ICO, but i i have a doubt about this. They don't normally report one single breach, but a number of breaches caused by a process error.

We could do with some help from you.

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They are above the law, nothing will be done by the ico and if you sue them they'll shut you up with some compensation so you don't expose them in court.

My advice is to cancel the contract or you will be in a lot of trouble.

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VM have breached the Data Protection Act. Misuse of data and data added incorrectly.

 

Think i would complain to VM Data Protection/head of compliance and advise that you will involve the ICO in looking at how VM handles data.

 

I see they say that they have already reported to the ICO, but i i have a doubt about this. They don't normally report one single breach, but a number of breaches caused by a process error.

 

Absolutely agree UB, though i'm not sure that the better half can do much about it as it wasnt her data that has been the cause of the breach, its the ex's

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Somebody, somewhere in the application process has added the ex's details.

 

The first confirmation of order email was correctly addressed to my better half, this kinda has me thinking the agent wasnt in the wrong at the point of application at least, its the following ones that were then incorrectly addressed to the ex, but still came to her email address. It got even trickier when they began texting the ex's phone re the installation, thats when the poop starting hitting the fan.

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