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    • 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.
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In despair - Swift Advances excessive charges/ppi


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Hi,

 

I have kept an eye on this forum for a while and, like so many others that have got mixed up with this bunch of lowlifes, I have been trying to stop them getting possession of our home. I haven't posted about this before because this situation is so embarrassing and, also, because I didn't know if Swift spy on these forums.

 

Long story short, Swift have an Eviction Warrant but we managed to get it postponed for a couple of weeks before which, hopefully, we will be able to pay the arrears off.

 

I've read up a lot on here over the past few weeks and followed other peoples threads and I am really hoping for some advice about excessive charges? I have used the Spreadsheets on here and believe Swift have added about £20,000 of charges (without the Interest) over the time we've had the loan and, also, the loan had £3000 of PPI added which I now believe we can claim back as we were led to believe we had to take it and it was not suitable for us.

 

I think i've done the charges spreadsheet correctly but i'm not sure how I do the spreadsheet for the PPI. I think the PPI was supposed to be paid for the first 36 months and then the monthly payments went down. So, can someone tell me how I complete the spreadsheet for this please?

 

This situation is so stressful and we don't know what to do anymore. My husband is so depressed over this and has practically given up but I don't intend to let these ******** take our home without fighting them all the way because they've done nothing the Courts have ordered them to do over the various hearings and, basically, just lie about everything.

 

I would be so grateful if someone could help with with the PPI part of the charges and, possibly, just check over the Spreadsheets I've done for the other charges? I believe, if the excessive charges and PPI were refunded, then our arrears would be nowhere near what Swift say. I'm praying that, if I can work out how to do the spreadsheets, we may have a chance to get the Judge to grant us a hearing.

 

Thank you in advance for any assistance you might be able to give us. x

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Ok so another swift nightmare.

Im going to make a few assumptions based on your initial post.

 

You have all the statements from swift.

You have included every charge except standard interest in your spreadsheet, which should be the CISheet in our library.

You have the original agreement.

 

Also in the library you will find a FOS spreadsheet for the ppi, fill that in in exactly the same way, use the statements to identify every ppi payment, forced insurances of any kind

 

Have you ever sent a SAR to Swift?

 

Is there a possession hearing looming?

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Hi Martin,

 

Thank you so much for your reply. They, actually, have an Eviction Warrant but it has been suspended for a couple of weeks so we can try and pay the arrears before then. If I can gather enough evidence to show these astronomical/unfair charges and, hopefully, be able to reclaim some/all of them, I was hoping to apply for a hearing to suspend the warrant again on the grounds that the arrears Swift are claiming we owe are wrong.

 

Swift don't want to give me any documents willingly, so I've had to fight for any documents I do get! I have managed to get a copy of the statements showing all the charges and a copy of the agreement. I SAR'd (and paid the £10 fee) them a couple of weeks ago but haven't had any acknowledgement or documents from them as yet.

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They should have at least acknowledged the SAR, but nonetheless, the 40 day clock is ticking.

Because of how far you seem to be down the repo route, it may well be necessary to pay the arrears to avoid repossession or hopefully have a stay of execution of warrant in order to counterclaim.

Get all the spreadsheets completed asap and prepare a fully diarised and documented WS, you are gonna need to with these vultures.

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Thank you Martin,

 

I think i've nearly completed the spreadsheets but its all a bit confusing, doesn't help that i'm on morphine for pain and my head is a bit fuzzy and confused! Its the WS that worries me more as I have no idea about that. I'll try finish the spreadsheets now.

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In the red cag search bar, enter "facts in a witness statement" to see what one should loik and read like.

You then use that format to write your story, from the outset if the loan with swift, highlighting everything from the agreement, the terms if the agreement, how much etc, repayment terms, account conduct over the term, when and where charges were added.

Its formatted to look bullet pointed but concise.

It will need to refer to and counter any points in swifts claim.

 

You get the idea and in a swift case it can get quite lengthy!

 

Have a go at one and then post a redacted version to thread for approval/comment

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You are most welcome.

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Hi,

 

I've been working on the spreadsheets to reclaim the excessive/unfair charges but its taking a bit of time.

 

 

I'm a bit unsure about the PPI element of my claim so wondered if you could help me.

 

The loan had PPI of £3,800 added and agreement says we pay it over 36 months.

 

 

Can you advise me how I calculate the interest on this please.

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Are you able to identify how much of your monthly instalment was ppi?

 

If so then you have the ppi + interest charged amount, the 8% is then calculated by the spreadsheet.

I am assuming you have read the ppi sticky in the library regarding claiming ppi for single premium policies?

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Yes I have read the sticky and I think i've worked it out right but just wanted to double check. I think my brain is fried from working out the unbelievable amount of all the other charges! Thank you for your help.

I'm making a start on my WS now. Just going through a copy of Swifts WS to the court and they've been very sparing with the truth.

 

Also, I really can't remember who the broker was but I will search for any more paperwork I can find.

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As with other swift threads which you will find on here, swift will be very scarce in any forthcoming information, why would that be i hear you ask?

The answer is because the truth would hang them in court!!

 

Stick at it Peanut

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can you scan the agreement? to pdf please

PPI/TOTAL-LOAN*100=PPI%

 

if you know the PPI

divide that by the total loan then times by 100

that will give you a %

so that % of whatever you paid, on each date

enter that sum under its date every time you pid it individually in the statint sheet

that does the rest.

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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Your welcome peanut but dx has much more experience than i do with ppi, take his advice over mine.

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Hi dx, I am having trouble scanning the agreement but these are the figures given on it:

 

Principal Loan - £25,365.00 228 monthly payments of £429.79)

(we, actually asked for less than this but were told that if we made it over £25,000 we would get the loan quicker...I know why now...made it unregulated!!)

 

Insurance Loan - £3,803.80 (36 payments of £60.17 then 192 payments of £10.35)

 

Total - £29,168.80 (36 payments of £489.96 then 192 payments of £449.14)

 

Interest Rate 18.39%

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well you know the monthly payments then.

 

for the first 3yrs you paid £60.17

then from there in you paid £10.35

 

each month MUST be put in the statint on its own line.

 

you attach things by following the upload guide

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 again,

 

Can anyone help me with my witness statement?

 

I have been going through the repayment record that I finally managed to get from swift and i've noticed that a payment made in 2012, of which proof was provided to the judge and to swifts solicitors agent, is still not shown on the repayment record even though the judge accepted the proof and told swift they could not apply any costs to my account regarding this missing payment.

 

As they still have not applied the payment to my account, the arrears figure swift are using to evict me is, actually, not true.

 

Can anyone tell me how to properly word this in my witness statement to suspend the eviction warrant please?

 

Also, over the last 2 years I have made overpayments towards the arrears of, on average, £116.00 per month extra but, despite this, the arrears have not gone down because of all the unfair/excessive charges + interest they've been charging me.

 

I haven't had any response yet to my request that they refund me these charges.

 

I would really appreciated some advice on writing the witness statement if at all possible.

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In the red cag search bar, type in repossession witness statement and have a look at how they should look and read.

 

No 2 WS are ever the same so look how one should read and put your story with events in place.

 

Once you get started it becomes easier to write as the information begins to flow

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