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    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • 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. 
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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.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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lowell after old E.ON debt not on my file - sure i settled it years ago


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urm what are a DCA doing with a utils bill?

 

that explains the discount.

 

util companies do and succeed in easily getting CCJ themselves at the drop of a hat.

they didn't they sold it on.

 

that means there is SOMETHING WRONG with the debt

the fact there is a discount also means there is something WRONG [bOGUS] with the debt.

 

is it defaulted and showing on your credit file?

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 have an e.on rep

I've sent them a msg,

 

liaise with them

 

please stop phoning DCA's up.

 

I've created this debts own thread too

 

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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Hello bitemarx and I can confirm, we've sold some of our unrecovered debt to Lowell.

 

The sold accounts are all finalised and have had outstanding balances for a fairly long time (up to 6 years old). They've gone through our complete debt collection process but we've been unable to collect the outstanding balances.

 

We'll have written to you to let you know about the sale and what to do next. Lowell will contact you independently by letter. Please deal with them directly as they'll now look after the debt. Contact details are on both ours and Lowell's letters.

 

Should you agree this is a valid debt, you can pay Lowell directly or talk to them about setting up a suitable payment arrangement. If you've any queries about the debt, our advisors will be happy to give you as much information as possible including meter readings and supply dates. They'll be unable to take any action on the account as this now needs to be initiated by Lowell.

 

Hope this helps point you in the right direction bitemarx.

 

Malc

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get an sar running to eon BM.

get the information ignore lowells for now.

 

if the debt doesn't show then make SURE the address that the debt occurred at IS showing under your linked addresses on your credit file.

if it does then this smacks that the debt is defaulted more than 6yrs ago and has been removed from your file as aged.

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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CAn you ring Eon and ask them?

 

Alternatively give them as much info as you can re addresses, type of fuel etc and see if they can find the account that way.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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you don't need any number to send an sar.

 

just send it.

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

Hello bitemarx and just a quick heads up about the SAR.

 

Under recent changes to industry regulations, when customers ask for an SAR, we need to raise a Customer Rights Request. Once raised, we need to be back in touch within 30 days. We'll send you copies of the data on the account, including the bills, as well as any phone call transcripts we hold. There's no longer any charge for this service.

 

As Bazooka Boo says, we'll be able to identify the account from the postal address for the old property. Please also include the reference number from Lowells.

 

Hope this is of use bitemarx.

 

Malc

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  • 4 weeks later...

Under recent changes to industry regulations, when customers ask for an SAR, we need to raise a Customer Rights Request. Once raised, we need to be back in touch within 30 days.

 

Malc, I genuinely dont know:

 

What the heck is a Customer rights request and why should that mean anything to a person making a SAR request under the GDPR?

 

especially, What has that got to do with delaying the 30 day countdown from CUSTOMERS request to the response required under the GDPR - if thats what your post means?

 

 

My understanding is that quite simply you have to get back to the customer within 30 days of their request unless there is a good reason why not, and its my understanding that your internal systems or processes or desires is NOT a valid reason for any delay ...

 

More than happy to be enlightened regarding this ..

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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Theres no such thing as a customer rights request. Its a silly thing eon have come up with in order to frustrate and stall a legal request under GDPR

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Malc, I genuinely dont know:

 

What the heck is a Customer rights request and why should that mean anything to a person making a SAR request under the GDPR?

 

especially, What has that got to do with delaying the 30 day countdown from CUSTOMERS request to the response required under the GDPR - if thats what your post means?

 

 

My understanding is that quite simply you have to get back to the customer within 30 days of their request unless there is a good reason why not, and its my understanding that your internal systems or processes or desires is NOT a valid reason for any delay ...

 

More than happy to be enlightened regarding this ..

 

Hello tobyjugg2 and the Customer Rights I mentioned above is part of the structure we've set up to make sure we comply with all aspects of GDPR.

 

GDPR covers more than just Subject Access Requests (SAR). It also covers alternative customer rights such as the Right to Erasure, Right to Rectification, Right to Data Portability etc.

 

We've set up a ring-fenced team to deal exclusively with all these requests. Any advisor can raise a Customer Rights request. It then goes to this ring-fenced team who need to be back in touch with the customer within 30 days of the request originally being raised. It could be quicker depending on what's involved. There's no charge for this.

 

Previously, for an SAR, there was a £10 admin fee and we had up to 40 days from receiving a written request with payment to send the information. The new system will speed things up and make sure we're abiding by GDPR.

 

Hope this explains tobyjugg2. Let me know if you need any more information as happy to help.

 

Malc

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Theres no such thing as a customer rights request. Its a silly thing eon have come up with in order to frustrate and stall a legal request under GDPR

 

As above, renegadeimp. The new system will speed up our response to these requests and make sure we're complying with the requirements of GDPR.

 

If bitemarx asks for a Customer Rights request to be raised, this will kick-start our system so we can give them the information they need in good time.

 

Malc

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And as i said, its something your company made up to obfuscate the process. No other company does it. They dont need to make a rights request. When they request a sar, then you fulfil it. Not tell them to call again and raise a rights request.

 

But as we always say on here, we have to at least give you a chance to show your willingness to help people.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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And as i said, its something your company made up to obfuscate the process. No other company does it. They dont need to make a rights request. When they request a sar, then you fulfil it. Not tell them to call again and raise a rights request.

 

But as we always say on here, we have to at least give you a chance to show your willingness to help people.

 

+1

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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Sorry I wasn't clear renegadeimp. Customers don't need to call back. Where an SAR is required, please ask for this and the advisor will raise a Customer Rights request there and then. This will go to the ring-fenced team I mentioned who will sort it out within the timeframe I've outlined. This will be quicker and cheaper than before GDPR came in.

 

Hope this explains a bit better renegadeimp and have a good weekend.

 

Malc

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SorryWhere an SAR is required, please ask for this and the advisor will raise a Customer Rights request there and then. This will go to the ring-fenced team I mentioned who will sort it out within the timeframe I've outlined.

Malc

 

That is part of the point.

 

A SAR is a legal request.

If you want to call it something else and confuse the issue, then that should be handled internally and nothing to do with requiring a customer to ask for a 'eon made up gobbledegook wording request'

 

1. Customer requires SAR.

2. Customer asks for SAR.

3. EON (or whoever) complies with SAR request.

 

How the heck is a customer supposed to know you want it worded a particular non standard way, and why should they either care or comply?

 

... and if you say or imply:

'because it will be quicker and cheaper'

which also carries the implication of

'if you do it our way it isnt really asking for a SAR as defined in law so doesn't really count'

- I WILL forward this to the ICO

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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I am tempted to send this to the ICO, just get their view on this.

 

As always, corporations find a way to delay any just processes that are created to help consumers.

:roll:

Edited by dx100uk
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  • 4 weeks later...

pers info showing .attachment now hidden

and we require PDF uploads please so we can zoom easily

 

pre-school letter

totally safe to ignore

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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