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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 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. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • 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.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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TSB closed my accounts after I became Victim of Fraud


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Hello,

 

I hope I can get some help here about the worst case I ever had with a Bank.

 

One month ago, exactly few days when I got married, my debit card details were compromised and more than £6000 were stolen from my debit card and paid into some online gambling site in Gibraltar.

 

I found out about these transactions the day after the were made and immediately called my Bank - TSB.

 

I had two accounts with them

- a personal and a business one for my limited company.

 

I spent hours on the phone with their customer service, then the fraud team and even they have some "complex" investigation team.

 

After explaining them about the fraudulent transactions,

they accused me that either me or someone that lives with me ( my wife ) has made those payments, becuase in their system nothing looks suspicious and event the fact that these payments were made over night every 30 minutes £1000 were taken of my account...really??? and they did not send me any message to confirm that I am making those payments..not a call..nothing.

 

After a long conversation I was told that they will start an investigation and will come back to me and in the mean time I should contact that gambling company.

 

this is what I did and I called the gambling site and the company behind Cassava Enterprises Ltd.

 

I had to write to their security team, which answered me every day and at the end helped much more than my TSB bank, because Cassava's Security team found out, that there was an account registered on my name and also my debit card along with debit card on some other people's name on the same gambling account.

 

they told me there is definitely a fraud activity and all transactions made from my Debit Card will be voided.

 

I had to wait and hope I will have money back and be able to pay for my wedding.

On the next day TSB calls me and tells me their Investigation team does not find again anything suspicious and even while those payments were made, address verification passes and 3ds security was not invoked from the merchant, so nothing can me done.

 

Not only that, but they told me that I am the one who needs to keep my debit card details save and they are not responsible for not alerting me, for not detecting any fraud activity, because these payments happen over night to some site in Gibraltar...just ridiculous ..

 

But I told them that I already spoke to the Gambling company, which found something suspicious and will void the transactions.

 

..They "Investigation team" even did not believed me and told me that if that is actually true, I should get my money back , they decided to block my accounts.

 

After exactly 3 days even that my accounts were blocked I was able to access my internet banking and I noticed that all money were refunded and at least I was more relaxed.

 

But of course TSB made the situation more painful for me, becuase I spent hours again with their fraud and investigations team on the phone and as I was abroad for my wedding, my only choice was to get my money with ID into a branch.

 

After asking them isn't that action by the Gambling site clear enough that there was fraud activity and they returned my money, the TSB representative on the phone did not know what to answer me

 

. In a week I went back home and I found check for my business account in TSB, which was already closed and after I went into a branch I got my money in cash from my personal account and they closed it too.

 

After all what happened I was thinking that this is a bad story with a happy end.

But of course not.

 

I opened a personal account with Barclays online when I was still abroad and I got my cards and internet banking and etc. when I got home

. I deposited my money there, after I got them back from TSB in cash.

 

I had to open a business account and I went to Santader, where my other nightmare began

- I was declined, because of I was told " They see some flag in CIFAS database about me" and I have to find out what and this is the reason they cant open me an account.

 

I need my business account as soon as possible, because I am awaiting payments

I went to another bank, where the same happened.

 

My credit score is not perfect but is not very poor, so I was told to check my credit file and to look for CIFAS data, because its not about bad credit score.

 

I went into TSB branch ( my accounts are already closed and I cant get any help over the phone anymore) and the lady on the till tried to call "someone" and told me to check Experian

 

. I registered for Experian, Equifax, Callcredit and Checkmyfile and I find no CIFAS records on the file.

 

After researching CIFAS website ( I never heard of CIFAS before) I found out that I can send a Subject Access Request Form so they can send me all the information about me within minimum a week or max 40 days.

 

I don't know now what record has been held on my name in CIFAS

 

I sent their form today.

 

I opened a case with the Financial Ombudsman and I am awaiting their answer too

 

. I do not know what else to do and how can I find our more information about this Flag in Cifas and as I generated a credit file in all possible Credit agencies and no information about CIFAS is there, I am out of ideas.

 

Also from Satander told me to ask the gambling company if they sent maybe something to CIFAS, so I wrote their security team and I am waiting for an answer.

 

Did anyone of you had any similar situation and do you know how can I resolve it?

 

I was a Victim of Fraud and not only that but now I am experiencing all these problems and I am more than frustrated.

 

My only fast option now is to add my wife as a director and to remove my name from the company, so I can open at least the business bank account and to make VAT and salary payments on time, until I resolve the issue with my name :(

 

Thanks,

Ivan

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I agree with you and yes in order to make a payment someone needs to know the security number on the back of the card.

 

But we all make payments online and we are never sure if our details are compromised. If a hacker compromises a online store will have customers data including addresses and all debit/credit card details. Also nowdays most merchants should require 3ds where you need to enter for example sort code or account number to authorize the payment, which is not easy to compromise.

 

Another way someone to steal your details will be in a store or a bar where someone can take a photo of the card.

 

There are many ways someone to steal bank details and I really dont know which one happened to me. The bank should have a security in place and inform me foe suspicous payments in Gibraltar for a gambling company for example, what actually happened to me.

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Why they don't find anything suspicious is because the card cannot be used online without the security number on the back.

 

So someone has to know that number.

 

Not always technically true. Some companies dont need the CV2 code to process transactions. Its a rare occurrence but does exist.

 

However, Back to case in point. Have you registered the case with Actionfraud?

I had an email convo with Paul Pester and is one of the better CEOs for TSB. Have you considered escalating up the chain?

 

Also did you raise an official complaint with TSB? If not the FOS will not entertain a complaint.

 

I think you have a pretty good case here for further action if required.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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I have not registered the case with Actionfraud yet, but as you have mentioned it, I will do that.

 

I have rased an official complain on the same day when I spoke to Tsb investigation and fraud team. I rec3ived a call by their complaints team and I explained the while situation. Since then ai have not heard of them.

Otherwise i would escalate the case up the chain. Should I write an email to Paul Pester?

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