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    • 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.
    • 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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      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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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reclaiming PPI GE Money/Loans.co.uk


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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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  • 2 months later...

Tomorrow marks the 1 month mark for me SARing GE Money and Loans.co.uk.

 

I wanted to wait a while to see I could get an original council tax letter to send

I could not get one

the previous one I used this year was not returned

I had to work with a photocopy of a photocopy.

After a short while that is what I used.

 

I'm doing this on behalf of my Dad.

We got one letter back from the address I had for Loans.co.uk and they wanted verification on who my Dad is.

I'm not sure what to do there or what to even send to do that.

They also sent back the £10 postal order.

 

With GE Money there has been nothing.

The date the letters and postal order was sent was the 18th October.

Tomorrow is the 18th November.

I did notice that GE Money have a PPI section on their website where you can give them details and they look into it for you,

I figured the SAR would reveal everything.

 

Obviously they could come tomorrow but if they don't what are my options?

Do I contact them by letter?

Do I contact them by phone?

Do I use the PPI section of their website?

They were both sent recorded so I know they did receive them.

What do you do when they don't send the paperwork?

 

Thanks.

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sar is 40 days.

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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as for loans.co.uk

send them what they want.

 

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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passport would do

he don't drive now I bet?

gas/electric billS

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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Share on other sites

  • 1 month later...

Hi there, there's not much to report.

 

My Dad didn't want to send his passport or driving licence because he wasn't sure if they would ever be sent back.

Also we don't have any recent electric/gas bills or council tax letters.

 

I had sent a photocopy of a photocopy of the last council tax letter which was way back at the start of last year

so I don't know if that caused any problems with Loans.co.uk and the fact that I had sent photocopies rather than an original copy.

 

With GE Money we decided to leave it a while longer just in case there was issues with the post

in December left it longer just in case maybe the Christmas post affected anything but still nothing has come.

 

We have had nothing back from them so at least they didn't return anything.

They aren't open today but hopefully they are tomorrow and I can call them.

 

I also have the receipts from the post office which not only have the number for sending recorded delivery

(I will have to double check it was received and signed for)

but also the £10 postal order with their name and postcode on it.

 

When this happens and you SAR a company and they don't give you the documentation and don't give you any reason why they are not giving you it what is the best thing to do and to say to them?

 

I know GE Money have a part of their website dedicated to PPI and you can make a claim online so obviously they must have staff there doing that work but with me already sending the postal order and making the SAR request what is the best way to go forward with them?

Is it on the phone?

Is it in writing?

 

If it comes down to documentation obviously

I'll have to have another thorough look to see if there are any original documents,

I think there are some gas and electric bills but they are from an old company,

but they do have my Dad's name and address on it.

 

I can't even be sure if they are there since they would be well over a year old and there's a good chance they were thrown out.

I don't know if we will receive any new bills or council tax letters, if we do then I think we will give Loans.co.uk another try.

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you never ever send originals!!

 

give em a ring

ask where it is

an sar is a legal document

failure to comply can lead them to be taken to court.

 

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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Share on other sites

I'm not long off the phone.

 

The SAR team finished early today but the person on the phone told me what happened.

They did send a letter out but it was to the previous address and it was the previous address that was on their system.

They said that was on the 20th November.

 

They apologized for that and said the reason for the letter is they failed to do a signature check

which means they don't have any signatures on file

so they couldn't check the signature on the letter against anything

 

I can either send in my Dad's passport or driving licence as those will have signatures and also a recent letter with the current address on it.

 

They asked if we had anything within the last 3 months which we don't

the easiest way to do it was to phone the bank and ask them to send a statement out.

 

She said he could black out the statement part if he wanted

but I'm not sure how you would do that

but that leads me to the next part.

 

She said with the signature,

I could scan it and email it rather than post it.

I don't know if the letter could be the same way and black the statement out that way.

 

They asked to confirm if anyone else was on the account

I said my Mum is but she passed away

they said to send in the Death Certificate by post.

Once the signature is received and the Death Certificate is received

they have 40 days to send out the paperwork.

 

We're going to see if there's any letters from the bank dated within the last 3 months

if so that would save me phoning and waiting longer for the statement to arrive and obviously post the Death Certificate and send it recorded.

 

I don't know if the best way to do it is half and half,

half scanned in and emailed

and the Death Certificate has to be sent in physically

or send it all in the mail.

 

I'm sure it will be fine but obviously there's some paranoia that they wont send them back

but she said everything is updated on the system to say what the current address is.

 

The accounts were on their system,

they asked for the account number

but we didn't know it

 

they said that is fine and did other security checks

so hopefully if this can all be done tomorrow they wont be long in sending everything out.

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do it ALL by scans attached to an email.

use PDF as that will be zoomable

 

that way you can blank out what you need too.

 

VERY important on the bank statement!!

 

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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just rsvp on the email

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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We got a certified bank statement today and I've blanked out the statement part and the account details and balances.

 

I got scans of the Death Certificate and Driver's Licence and created a PDF

 

emailed it to them

asked them to respond

confirm they have received it

will continue with the SAR

send the information out.

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  • 4 weeks later...

All of the paperwork arrived today and there is quite a lot of it. I haven't seen anything about PPI yet but will have a closer look. Having looked at the statements it seems to be -

 

Direct Debit

Interest

Direct debit recall charge

Additional Interest

Direct debit recall

Direct debit receipt

Administration fee

Debt Counselling

Field Agent Inv:

Solicitor Interim Legal Fees

Redemption Cheque Blemain Finance

Income on early settlement

Solicitor Discharge Fee

Administration Discharge Fee

Repayment of administration charges

Repayment of fees and additional interest

Repayment of capital

Balance transfer on settlement.

 

Is there anything there that I should be taking note of?

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urm lots of penalty charges there by the looks of it!!

and they took you to court at sometime too?

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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There is a lot haha.

 

I have no idea about going to court.

I will need to ask my Dad about it all.

 

On the actual individual statements there is a thing called Debt Counselling which is £47 for several months and I found another document saying they recommended the Debt Counselling.

 

It does say the total loan amount and what goes where.

Halifax, 2 payments to Igroup Financial Services, Champion Finance, a portion to my parents and the bulk of it all to Blemain Finance.

 

The company Igroup Finance pops up everywhere,

the initial loan seems to be with them or at least it's their name on the application form.

 

The 'Introducer' is listed as Champion Finance.

There is a letter from Blemain also addressed to GE Money saying there is a cheque enclosed for the full amount of what was required. I'm trying to figure out how GE Money figure into all this.

 

The very front page of the SAR says -

Loan Owner - GE Money Secured Loans Ltd

 

Also looking through the individual statements,

for around the first half of them at the top left hand corner it says Originator: Igroup Loans Limited

below it gives a phone number if you need to contact them.

 

From then on it no longer says that but it does say GE Money at the bottom with their logo and the phone number listed is the same phone number.

 

Does that mean they are under the same umbrella?

Same company?

Loan Originator - GE Money Secured Loans Limited

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they are all part of the GE group

 

those fees can all be reclaimed!!

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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Share on other sites

All of the paperwork arrived today and there is quite a lot of it. I haven't seen anything about PPI yet but will have a closer look. Having looked at the statements it seems to be -

 

Direct Debit Interest

Direct debit recall charge

Additional Interest yes if this is int on arrears or penalty fees

Direct debit recall

Direct debit receipt

Administration fee

Debt Counselling

Field Agent Inv:

Solicitor Interim Legal Fees

Redemption Cheque Blemain Finance

Income on early settlement

Solicitor Discharge Fee

Administration Discharge Fee

Repayment of administration charges

Repayment of fees and additional interest

Repayment of capital

Balance transfer on settlement.

Is there anything there that I should be taking note of?

 

 

not sure on the blue what they are

we'd have to see the actual statements. I think

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 will scan some in.

 

The direct debt recall is always the same amount as the actual direct debit.

Additional interest seems to be every other month.

 

So for instance it says -

 

21/04/2005 Direct Debit - £187.31

 

17/05/2005 Interest - £136.21

Direct Debit - £187.31

Direct Debit Recall - £187.31

Additional Interest - £0.29

Direct Debit recall charge - £2.00

Installment due - £187.31

 

The interest adds to the balance, the direct debit reduces the balance, the direct debit recall then adds the same amount back to the balance, additional interest is then added along with a £2.00 charge and then it's time for £187.31 to be paid again, which it is, then a Direct debit recall which then adds that same amount back to the balance and on it goes.

 

When it lists additional interest, sometimes in that line the arrears balance is left empty and other times there is a figure there so I don't know does that mean the one with the figure means the additional interest is being charged on the arrears.

It goes from 2004 to 2007.

 

When it starts getting to 2006 there doesn't seem to be any direct debit recalls but there are Direct Debit receipts.

That also seems to be when there's £40.00 admin fees everywhere and the additional interest ends up well over £40 every time rather than prior where it always seems to be under £1. The individual statements also have an arrears column so I don't know how that fits into it.

 

Also at the end of the paperwork there is a transaction summary but there's a lot of things in the individual statements not listed there like a Reactive Fee Due (LRO) so I don't know

do I trust their transaction summary or go through everything individually?

 

Also a lot of statements are sent multiple times.

Sometimes It will be a 30 day statement, sometimes it's 3 months and in one case I've seen it goes for almost a year so I could end up looking at the same statement 3 times.

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in simple words

that's GE 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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Share on other sites

I'm going to scan the statements just now because the first 3 statements cover a few months but there's dates on them and charges which don't show up on them all.

 

The last one covers I think 3 months but there's things on that 3 month statement which don't appear on the individual statement for that month.

 

I'll redact any info needing redacting and put them into a PDF file.

 

There is a letter mentioning repossession but it didn't go ahead.

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what do you mean to repo didn't go ahead

did they raise the claim but your dad sorted it in court or before it got that far?

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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