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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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The Reverend And old Abbey OD sold to Arrows


The Reverend
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Good afternoon everybody,

A long time since i've engaged on this fantastic site,had an awful lot of trouble at the Vicarage but thats for another day.

 

 

Just a little bit of thought regarding this matter would be welcome,

 

Abbey National - Santander

 

Had a bank account and overdraft got into difficulties not going into more detail no need to at this point in time.

 

Account ended up at Debt Managers around 2006, balance of around £2500 i did setup a payment plan and that continued until June or so this year.

 

Received letter from Arrow - Capquest, saying Capquest are now managing on behalf of Arrow, balance around £2100.

 

The question is do i engage with Capquest and set up new payment plan ? i have no problem with that for time being,as some more hornets nests are gonna get rocked over next few months i think.

 

I think a cca request doesn't count in this situation ?

 

 

Bless You, The Reverend

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Wait for Capquests missive and then decide from there...the longer it does the rounds the less chance of a court claim Reverend

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thanks for quick reply Andy,i've actually received a letter from Capquest today,just the standard contact us blah,blah,blah.Like i said i don't have a problem setting up new repayment plan,would you suggest that as being route to go down ?

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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why not get an sar of to satans bank

get all the statements

this could well be 99% unlawful bank charges & their interest.

if so very questionable they'd go anywhere near a court with it.

 

 

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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And if it is 99% bank charges & interest do you really want to pay it...not that we condone debt avoidance in anyway Reverend you understand....just fair treatment to consumers.:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thanks for replying dx and Andy, yes would be a lot of charges on this account. If i go down the SAR route,do i wait until i get that info before making any contact with Crapquest,and wait for next Threatagram ?

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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I wouldnr be rush to tell or do anything with cabot.

 

they are not bailiffs and have zero legal powers

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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Capquest not Cabot

 

Would i send to Capquest Or Satan ?

And are we still talking 40 days to comply ?

And also reading the origina letterl from Arrow the account goes back to 1998,

would they hold info that long ?

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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sar to OC

well if you cant get ahold of the data

99% guaranteed arrows wont either!

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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Not had a chance to get SAR sorted will try tomorrow when have a little more time.

 

On a seperate note,

on the SAR page you have a link to create a tamper free sig,

seems a great idea,

so paid my £4 via paypal,

and got sent back to a template page,

which i don't really want,

how do i login or create account to create the tamper sig ?

 

 

I can't any way getting past that page

,and don't have a password to access the signature creator or no link to create an account,

perhaps I'm just being thick :-)

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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is the sar going to the original creditor?

 

 

sorry about that sig thing its a nuisance

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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no need to munge a sig on SAR to the OC

as the sar says if you read all the posts there.

 

they'll only ask you for it unmunged

don't forget a ctax copy if you've moved too

 

yes , we'll sort the £4 for you.

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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Wasn't going to use on that document just thought it was a good idea.

I've read over was needed for the SAR request and again dx thanks for the reminders much appreciated.

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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I had an overdraft of around £2k with Abbey when it was defaulted. It was quickly sold to Debt Managers and I started to make repayments to them.

 

Then I found this message board and CCA'd Debt Managers (not knowing at the time that overdrafts weren't covered by a CCA request)

 

However, Debt Managers managed to obtain and send to me a copy of the application form used to open the Abbey National Bank Account.

 

On the Application Form there was a box that had to be ticked if you wanted to request an overdraft. I hadn't ticked that box.

So I wrote back to Debt Managers and pointed that fact out to them and stated that I had owed nothing to Abbey National or Debt Managers, and therefore stopped making payments to them.

 

I've never heard from them since and that was almost 10 years ago.

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  • 2 weeks later...

Hi Guys,

not had a chance to get SAR off to Satan,

One question can't seem to find an address to send to

 

Would this one be applicable ?

Complaints, Santander UK PLC, PO Box 1125, Bradford BD1 9PG

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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Well its not a complaint ...its a legal request and should be addressed to Data controller.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Andy,can't find an address for Data Control nothing on their website,would i send it to Data Control Bradford ?

 

Their website is blooming awful.

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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Not sure if this is current ?

 

Data controller: Santander UK PLC

Address: 2 Triton Square, Regent's Place, London NW1 3AN

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 1 month later...

Just a small update, SAR sent off to Satan,had a reply from Satan, we will send requested info within 40 days blah,blah,blah.

 

Have this week recieved a further letter from our friends at Capquest,after the usual three weekly you haven't contacted us regarding this account. I did send a cheeky CCA request i no doesn't apply but i was in a cheeky mood.

 

Now the letter this week is offering a reduced settlement,and my question would be,does anybody think this is because the SAR is going to reveal a few charges i will be able to get refunded,or just a complete concidence ?

 

The CCA of course they haven't responded to at all,was just expecting my PO returned and a you do realise this doesn't apply to an overdraft.

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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they wouldnt know about the sar.

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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I did send a cheeky CCA request i no doesn't apply but i was in a cheeky mood.

 

.

:)

worth a try, gives them something to think about.

have done one, and in mine it is applicable (re the full terms) (though they say it isn't) :)

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:)

worth a try, gives them something to think about.

have done one, and in mine it is applicable (re the full terms) (though they say it isn't) :)

 

Never even got a reply,or my £1 sent back,they certainly haven't taken it off the balance outstanding.

I'm pretty certain now the reduced settlement letter was to get me to call,learnt a very very long time ago.

Never speak to these people on the phone ever.

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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