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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?
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Abbey Life - Past Business Review Annuity Questionnaire


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Good morning HB - I am sending off SAR this morning without any additions or changes.

 

Can I quote what you said please - Your 'thirdly' point. The value of your pension is what it is at your chosen retirement age, it doesn't change depending on your state of health. That fund value is then used to buy an annuity.

 

1. I fully understand what you are saying.

 

2. My point is the value of my husbands pension could and I say 'could be' calculated incorrectly in March 2009

 

For example - I will just quote two figures from their 1991 forecast for a Lower Illustration Growth Rate of 8.5% and 13.00%.

 

(a) At age 65, assuming no further contributions paid - Retirement Fund of £11,500 or £23,500

 

(b) At age 65, assuming further contributions paid by Abbey Life - Retirement Fund of £46,300 or £78,400

 

On the 2 February 2009 - Quotation for options an Open Market Option is £27,285.03

 

So ...... looking at past issues ...... It is only seeing letters just making me 'wonder' for example -

 

6th January 2007 - Our letter to Abbey Life

 

We are writing because of their 'mess up' taking out life contributions from our bank because they were paying it under the Waiver conditions. Our first paragraph states -

 

'Thank you for your letter dated 3 January 2007. Upon reading the contents of this letter I am seriously concerned about the administration of my financial affairs.'

 

 

4th December 2008 - Their letter to my husband

 

Requesting Doctors Statement be returned. The request was on 7th Feb 2007 and it was returned on 12th Feb 2007. So....... over 1 year later they come up with that request!

 

Again thank you HB this support is so helpful to at least be able to work through it all in our heads.

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Hi. I'm pleased you're getting there.

 

I understand your questions; this is the kind of thing the SAR is designed to get information about. I would wait and see what comes back and see if it answers any of your questions. After that you can go back to them with further queries.

 

What are you going to do about the annuity questionnaire?

 

HB

Illegitimi non carborundum

 

 

 

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Hello

 

I thought about doing another recorded delivery letter to that MBA address where questionnaire goes to. Saying something like -

 

On 10th January 2019, I have contacted Abbey Life for some information. I would prefer to wait for Abbey Life to respond before completing questionnaire. Please confirm, in writing, if you are happy for this questionnaire to be put on hold for the time being?

 

Then surely that gives them the opportunity to say there is a closing date - doesn't it?

 

You see HB - if - the completed questionnaire instigated a compensation payment - what if there had been an error? The figure for the compensation could be different - who knows......

 

Your thoughts are appreciated.

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Hello again.

 

I don't really have personal experience of this. I don't see why there should be a cut off date as they don't seem to have rushed to contact you, but you never know.

 

At this stage, I think it could be worth contacting TPAS to see if they can add anything. They have a good reputation and the advice is free, you can ask them about the questionnaire and Abbey's possible error.

 

https://www.pensionsadvisoryservice.org.uk/

 

HB

Illegitimi non carborundum

 

 

 

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No we did not query figures back in 2009.

 

First my step-father died in April 2007 and our mother was left on her own. Then suddenly in the July/August I was given the total shock diagnosis that I had an aggressive form of breast cancer. That meant an operation, chemo (loss of hair) radiotherapy and then 18 i.v. infusions (3 week intervals) of Herceptin.

 

Basically it took two years of treatment and then intensive checks every 6 months. It took five years before I was discharged and thankfully I am still here.

 

So my husband's pension was just allowed to be in the background - maybe because we were not having to find the money each month it was not priority. (I think when he saw the 'payout' figures he thought that's what it is.) Not only that my mother then relied on us.

 

MBA Group envelope has Abbey Life stamped on top of envelope. I asked the Abbey Life person we spoke to on the phone and I think he said they were 'employed' to deal with these questionnaires.

 

I will tomorrow phone the advice line through the link you have given me.

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Well tried at different times but so busy. Didn't do a call back as we had an appointment at vets with our little dog at 2.30. Tried online chat - but 'we' both decided best via phone line. So will phone again Monday morning at 9 a.m. as they are only open Mon-Fri. I have an app at 11.00 for myself but if no joy on first attempt will phone when I get back and I can book a 'call back' Thank you for asking.

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Well phoned at 9 a.m. this morning and got through. The man was quite abrupt said basically I should be talking Abbey Life - did not comment at all on SAR.

 

I explained why we sent the SAR - because of the way Questionnaire was worded and if we answered incorrectly we might jeopardize a claim. (Past errors now raised a questions)

 

I said that I was concerned about a closing date for Questionnaire to be returned and was going to put it in writing. He said quite abruptly do you get statements from Abbey Life! I said 'yes' and he said that you will have phone number so phone them! He said if you have something from a company (the envelope) that is not Abbey Life then you should not speak to them.

 

I said it was Abbey Life who called me back and he said 'phone them!'

 

Maybe I didn't come across right on the phone - so it has made me feel a little unsure - but in my mind I think it is best to write rather than a phone call to Abbey Life -

 

Stating on 10th January 2019 have written to yourselves requesting a Subject Access Report. We have not returned as yet and would prefer to wait for yourselves to respond before completing Questionnaire. Please confirm in writing if you are willing to put this completed questionnaire on hold for the time being?

 

OR - I could phone and ask and whatever they say put it in the letter confirming call.

 

Thank you for the support - just writing this down is helping me clear my head.

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UPDATE: Just phoned Abbey Life - spoke to a Justin - he said just send it in as soon as you can. So will add that to letter - draft below -

 

This morning I phoned your Annuity Review - Dedicated Line and spoke to Justin asking if there was a closing date for Questionnaire and he said just fill it in as soon as you can.

 

On 10th January 2019 I have written to yourselves requesting a Subject Access Report. Before completing Questionnaire we would like to see the information we have requested.

 

Please confirm in writing that you are willing to put this completed questionnaire on hold for the time being until we get the information from yourselves that we require?

Yours faithfully.....

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Thank you HB in my letter - 'report' will be changed to 'request' - my hurry before going out for appointment.

 

Again will send our letter by recorded delivery (i.e. not to MBA Group Limited) but to the address I sent SAR which starts with The Customer Relations Manager, Abbey Life, etc.

 

(I nearly thought about asking what procedure would be if there was a mis-calculation on the final pension figure (in case there was an error in when they started to pay Waiver or Contributions - THEN - I thought 'NO' !!!! Take your advice - wait until I see what we get!)

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Good morning - unfortunately delayed in getting letter in post (have to get in car to get to a Post Office so doing it today) and I wondered about putting email address on bottom of letter.

 

So they could choose how to get the reply to us - or - could it make it more complicated if proof was needed? i.e. If we got no reply they could say we sent you an email must have gone to your Junk mail, etc,

 

Just a thought .....

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I will go with my thoughts as well - keep to letter.

 

Oh! Thought would be a good idea to add in between the already written - 'Before completing the Questionnaire, as we intend to submit it, we would like to see the information requested.'

 

That way they cannot say they thought we might have changed our mind once we see SAR and not bother to complete questionnaire.

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Good afternoon - I have just received a letter in the post in response to our request. I will read it carefully later but thought it would be best to get copies to you. Abbey Life 3 of 3.jpg

 

Just looked at Point 4 - I did write making a complaint about how they managed refund of money taken in error for insurance. So would that be listed as a formal complaint? Also I think, I don't know your thoughts, it does display how they can make mistakes.

 

They ask for GP's Name and Address in order to obtain their consent prior to disclosing it to us. Interesting given we have to provide it anyway in the first place.

 

Ref: No 6 - Other (please provide details) should this be where we put transcript of phone calls? The person we spoke to before said phone calls were made between us. After all we need to prove they did not ask about our health and say that if we went elsewhere we could have been entitled to an enhanced annuity as they did not offer them

 

Thank you and will be in touch.

Abbey Life 1 of 3.jpg

Abbey Life 2 of 3.jpg

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Good afternoon - I have just received a letter in the post in response to our request. I will read it carefully later but thought it would be best to get copies to you. [ATTACH=CONFIG]74707[/ATTACH][ATTACH=CONFIG]74708[/ATTACH][ATTACH=CONFIG]74709[/ATTACH]

 

Just looked at Point 4 - I did write making a complaint about how they managed refund of money taken in error for insurance. So would that be listed as a formal complaint? Also I think, I don't know your thoughts, it does display how they can make mistakes.

 

They ask for GP's Name and Address in order to obtain their consent prior to disclosing it to us. Interesting given we have to provide it anyway in the first place.

 

Ref: No 6 - Other (please provide details) should this be where we put transcript of phone calls? The person we spoke to before said phone calls were made between us. After all we need to prove they did not ask about our health and say that if we went elsewhere we could have been entitled to an enhanced annuity as they did not offer them

 

Thank you and will be in touch.

 

Honeybee - when you have a moment to read this - very grateful.

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Looking at the forms I have copied above -

 

1. I think ALL boxes should be ticked - do you agree?

2. No - 5 This continues over to the next page. Here we can tick - Outset of the Policy to date.

3. Point 6 – Other (please provide details) - here we could write this statement e.g.

 

With reference to Policy Numbers: xxxxx and xxxxx - I require-

 

(a) Copies of all communication between ourselves and internal correspondence with reference to the above policies.

 

(b) Copies of the transcripts must include phone conversations between ourselves.

 

What do you think HB? The reason I have quoted two policies is because it was only my husbands but when he reached retirement age - I get included as a Joint Life Annuity. (Sorry as I say breast cancer got in the way)

 

However, as this is about the possibility of the compensation for 'enhanced annuity' then I thought maybe best make sure talking about both of us.

 

Finally - still no reply asking if they will keep the form regarding a claim on hold as yet.

 

Thank you again.

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Hi.

 

Yes I think that looks OK. It's important not to make your request so narrow that they think they can send less than all the details.

 

I don't think I'd worry too much about the reply to delaying sending the forms at this stage, you have a paper trail. It might be worth revisiting in a couple of weeks.

 

HB

Illegitimi non carborundum

 

 

 

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