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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • lookinforinfo
      ECP ANPR Lease CAr PCN - MFG Esso Cobham serv station A2 Trunk Road, Cobham DA12 3BH

      By lookinforinfo · Posted

      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.
    • anotheruser0000
      Parking Fee Paid But Input Incorrect VRN - Discussion thread

      By anotheruser0000 · Posted

      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.
    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      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?
    • NewsBot
      The ex-flight attendant who became the first female boss of Japan Airlines

      By NewsBot · Posted

      Less than 1% of Japan's top companies are led by women despite years of efforts to address the issue.View the full article
    • dx100uk
      @Livewell_today - Faulty Disability Scooter from a month after receiving it.

      By dx100uk · Posted

      wonder what happened? dx

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Discontinued claim... but now enforcing judgement??? robbersway/HSBC

vjohn82

By vjohn82
in HSBC Bank

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vjohn82

vjohn82

Posted
Posted

Hi all,

 

My better half received this letter this morning...

 

Image6-1.jpg

 

Now she received this (directly relating to the claim) in Dec 2009

 

Image7.jpg

 

And previously this following a s.78 request...

 

Image8.jpg

 

Any advice on these would be helpful...

 

My opinion is that the discontinuance of the original judgement means no substitution can take place. Can they litigate on this despite a previous party failing to do it properly?

 

My thoughts are to respond by stating quite clearly that the judgement was discontinued by the previous claimant due to issues with the credit agreement, default notice etc and that as that claim was issued it terminated the account and therefore no further liability exists.

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sillygirl1

sillygirl1

Posted
Posted

Its an abuse of process, if a claim goes through just quote the old claim and provide the courts with a copy of the paperwork.

 

Odds on the original creditor hasn't passed this information onto the new chasing agent so you should do it - just to cover your back.

 

I had the same with Robinson Way chasing a discontinued alleged debt, cost them more to chase me than the price of the alleged debt!

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dx100uk

dx100uk

Posted
Posted

oh thats nice

 

i'd wind them up a bit first before you post them the set aside comfirmation.

 

fire them off a letter stating you have no intention of paying the debt.

 

then wait for them to squel. then say soory i cave in

here is your money

and fill an env with monopoly money stapled to your letter.

 

 

please!

 

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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dx100uk

dx100uk

Posted
Posted

hello guests.........

 

 

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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vjohn82

vjohn82

Posted
  • Author
Posted
oh thats nice

 

i'd wind them up a bit first before you post them the set aside comfirmation.

 

fire them off a letter stating you have no intention of paying the debt.

 

then wait for them to squel. then say soory i cave in

here is your money

and fill an env with monopoly money stapled to your letter.

 

 

please!

 

dx

 

Is that your official and learned advice Sir? :D:D:D

 

I'd rather them just go to a dark room with a loaded weapon and shoot whatever appendage offends them the most and then return to their desk. That's more likely than them ever getting a penny of this anyway.

 

I suspect the debt is statute barred by now... however, if proceedings were issued in 2006 and they discontinued (because it was filed in error) does this mean the statute barred clock was reset to 2006?

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pt2537

pt2537

Posted
Posted

LMFAO

 

ok, so they are going to enforce a judgment that was set aside by order of the court.

 

Id like to see how they intend to do that

 

One point, on the set aside, how did that occur, did you apply on notice? or did the court really do it on its own motion?

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ScarletPimpernel

ScarletPimpernel

Posted
Posted

Dear Sirs

 

Thank you for your letter dated xxxx.

 

Given that the judgement to which you refer was set aside on xxxxx, and that Robinson Way wrote, on xxxxx admitting that the alleged debt was unenforceable in court, it appears to me that you cannot take the action you mention. Since I do not think a firm of solicitors could be so incompetent, I can only conclude that you are deliberately attempting to mislead me.

 

Threatening action which cannot be legally taken is contrary to the Consumer Protection from Unfair Trading Regulations 2008; communicating in a misleading manner is a clear breach of the Office of Fair Trading Guidance on Debt Collection.

 

Unless I have, within seven days, your full apology for troubling me with this crass attempt at deception, and an undertaking from your client that no further contact will be made in this matter, I will make formal complaints to the relevant regulatory bodies.

 

If you do not understand this letter you should seek advice from a professional law firm.

 

Yours etc.

:)

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vjohn82

vjohn82

Posted
  • Author
Posted
LMFAO

 

ok, so they are going to enforce a judgment that was set aside by order of the court.

 

Id like to see how they intend to do that

 

One point, on the set aside, how did that occur, did you apply on notice? or did the court really do it on its own motion?

 

In Dec I found a CCJ on one of my wife's credit files (it only appeared on one). I chased it up back to the source and found that Bryan Carter had took the action on behalf of Forward Trust.

 

I complained like hellfire because I could prove, via an assignment document, that the company did not have any cause of action.

 

I was on the phone to Bryan Carter... threatened certain things and they agreed to file a Notice of Discontinuance and for the Judgment to be set aside as it was entered in error.

 

That was the last I heard of it...

 

The actual CCJ though was for £607 and not the value that they claim in the letter (£10k+).

 

Can they take action on this again. Obviously they can't on the set aside CCJ... but can they take legal action now?

 

I also believe the account is statute barred anyway... did the Forward Trust CCJ and then subsequent set aside "reset" the clock or can it be proven that the last cause of action was the last payment date? The CCJ was set aside because it was proven that there was no "cause of action" as per the Limitations Act.

 

Any help on this appreciated... my wife is worried and my lack of knowledge on this part isn't helping me :(

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dx100uk

dx100uk

Posted
Posted

ah the old bryan carter split claim game

thats one of his favourirte tricks

 

type in bryan carter in our search and have a read.

 

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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dx100uk

dx100uk

Posted
Posted

claim it is

 

its up to them to prove is is not statute barred

NOT for you to prove it IS.

 

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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  • 1 month later...
broken arrow

broken arrow

Posted
Posted
Hi,

 

Nothing new on this one I'm afraid... I think my most recent letter to them scared them off ;-)

 

If anything changes I'll be sure to post it here.

 

VJ

 

Nice to see you back

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Guest

Guest

Posted
Posted
Hi,

 

.....I think my most recent letter to them scared them off ;-) :)

 

If anything changes I'll be sure to post it here.

 

VJ

 

hi

btw, did you happen to find a citation re the 38.7 appeal case above?

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  • 6 months later...
vjohn82

vjohn82

Posted
  • Author
Posted

Hi all,

 

RWAY have been informed on multiple occasions that the debt they are seeking recovery on is statute barred. They won't take the hint.

 

We have received a letter today stating FORMAL DEMAND FOR PAYMENT with some guff about court action being imminent with the likely routes of how they would enforce such a court order.

 

They make others lives a misery, time to pile some on.

 

The OFT Debt Collection Guidance states:

 

 

2.14 In the past we have dealt with a number of statute barred debt cases governed by

the Limitation Act 1980, which applies to England and Wales. Based on that

experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt

is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

 

How are proceedings issued under section 40? In a similar way to normal small claims court proceedings? Has anyone tried this route before? Is there any case law on the books?

 

Any help appreciated. Costs to be donated.

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