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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.
    • 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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Reclaiming Historic Additions Plus Account Fee's


stargater07
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Hello all,

 

I am hoping to get some advice as to how to proceed with my complaint regarding barclays bank charges on my account.

 

My history:

 

Since my original account was upgraded to a First Additions account in 2006 with a personal overdraft I was under the impression at the time that increasing my overdraft limit incurred fee's onto the account and was paying initially £5 per month until upgrading in 2006 with a larger limit for £11.50 per month.

 

My account was upgraded again to £14.50 a month (additions plus), and i cannot recall if this was automatic or whether I was given an option at some point by a barclays staff member.

 

I can assure you that I did not need any of the packaged services on each of these account; did not use any of the services provided as I wasnt even aware of them until finding out on online banking which is when I phoned barclays to remove all of them, as I was unable to over the internet - upon speaking to an advisor at barclays I explained that all I wanted was an overdraft and I wasnt happy that I was paying for services that I didnt need... He then referred me to the complaints department and after many weeks I have been given a lengthy questionnaire regarding an 'initial investigation' conducted by Barclays.

 

I note in the questionnaire notes it states: "You held a non-fee paying account from July 2002, until you upgraded in July 2006 indicating you were aware of the account and that it was not necessary to pay a fee in order to have a current account"

 

I would like to note that this account was opened with my Grandad at the time, as he introduced me to Barclays originally and I was merely present and not fully understanding of the circumstances.

 

The investigation notes go on to say "You used your overdraft after you upgraded your account and this shows that you were aware that you had this facility as part of your packaged bank account".

 

"You previously had an overdraft which you used before you upgraded in 2006. This shows that you were aware of the benefits of this account and that it is not necessary to pay a fee in order to have a current account with an Overdraft".

 

The extent of the 'products & services' that were bolted onto these accounts were unknown to me at the time, and over the years bumped up the monthly fee's from £5 to almost £15.00 - I stress again that these services aside from not being disclosed to me, were practically useless for me in the circumstances that I was in and most therefore rendered useless.

 

I feel that the response from Barclays indicates that they feel I should have known about the cause of these charges, without entertaining the fact that I was not fully informed about the product I was being sold. I wanted an overdraft with an increased limit, that was all.

 

I really hope I can get some advice on how I should proceed with this case, do I fill the questionairre in and send it back? They have said they will proceed with the investigation using their information without me returning it either way...

 

Thankyou in advance for your help.

 

Jason

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Hi Star and welcome to CAG

 

Have you read through this post - http://www.consumeractiongroup.co.uk/forum/showthread.php?459427-Reclaim-Packaged-Current-Accounts-Deal-Fees&p=4855098&viewfull=1#post4855098

 

Having done this, and researched other threads that discuss the Packaged A/c issue, come back with further Q's if you need.

 

:-)

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Thankyou for your kind welcome. I have completed the questionairre for posting tomorrow. At this time I have no idea what their verdict will be.

 

I wasnt offered another alternative account, certainly not a free one... I never used / registered the services available to me...

 

 

I was under the impression that the increased overdraft limit / preferential overdraft fee was the result of the monthly charge.. I feel stupid as a result that i didnt know about what I was paying for sooner...

 

 

It was only after seeing a couple of the products on my online banking management page that I phoned barclays (as it was the only way to remove them) and spoke to an advisor who listened to my circumstances and informed me I had grounds to complain and referred me....

 

I guess now i play the waiting game... :/

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Hi Star,

 

We've seen so many cases here ranging from one end of the spectrum to the other.

 

Some folk knew they were paying for a service but didn't realise they didn't need to, or they had no use for the "benefits" offered ......................

 

............... to the other end where the bank (or staff) upgraded folk to Additions status without the customer knowing or agreeing.

 

You need to know where you stand in this spectrum, so you know if/how to fight the bank.

 

It doesn't matter if your grandad helped you open the a/c at that time really.

 

:-)

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  • 2 weeks later...

Update: I have spoken to the complaints team via phone about 4 days after returning the questionairre and was asked which account I would like to complain about (first additions, Additions, Additions plus) or would I like to complain about all of them. I stated that due to my request of an overdraft I was told that the First additions account was best for me. after a few years I was upgraded twice from First Additions to additions and then additions plus which I cannot remember agreeing to. None of the extra benefits of these accounts were disclosed to me, and incurred an extra monthly charge.

 

I even said to the lady on the phone "It's completely illogical that I would agree to paying more per month for the same account and overdraft"...

 

However I did make use of the preferential overdraft rate which I believe is unique to this account. I did let them know that over the phone as I frequently historically made use of my overdraft facility. Therefore I am concerned that this would be enough reason to reject my complaint and refuse any claim of a mis-sale due to the fact that I had a preferential overdraft rate that I had made use of, despite not knowing about the variety of other products that were bolted on that obviously I didnt make use of...

 

The lady stated that I would have a response to my complaint within 5-10 working days...

 

Can anyone shed any light that use of the preferential overdraft rate could diminish the chance of having a successful claim?

Edited by stargater07
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Hi SG,

 

You should NOT have dealt with this by phone unless you're recording every call.

 

You should have said, "I cannot deal with this by phone and require your written response."

 

If they call you again to discuss/dismiss the matter, tell them what I said above. You need their comments in writing so you can decide how to counter any refusal to refund.

 

Keep us posted.

 

:-)

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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Hi SG,

 

You should NOT have dealt with this by phone unless you're recording every call.

 

You should have said, "I cannot deal with this by phone and require your written response."

 

If they call you again to discuss/dismiss the matter, tell them what I said above. You need their comments in writing so you can decide how to counter any refusal to refund.

 

Keep us posted.

 

:-)

 

 

 

Thanks for your response.

 

I have checked my online banking this morning and I see that I have been credited £448.82 ref complaint no. Tate Camden....

 

But I have not received a text / letter yet from them notifying me of any action....

 

Also, 11 years of paying fee's would surely be more than this amount if they found in my favour? Undecided whether to contact barclays or wait and see what correspondance they send me... It could be that they deducted the money I would have saved by using the preferential overdraft rate versus a regular account w/ overdraft....

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Give them the 5 - 10 working days they referred to reply, after which you should chase seeking a full breakdown of the refund.

 

If you have to chase them up for not replying, you should also tell them, "Until this matter is resolved, the amount refunded of £448.82 is only accepted as payment on account of the proper amount repayable."

 

:-)

We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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