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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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Bryan Carter / Shop Direct littlewoods account from 1994!!


Sassy4321
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Hi All,

 

 

im a new user to the site and im hoping someone can offer me some advice on a situation i am faced with at present.

 

 

Back in June of this year, I received a letter out of the blue from a solictors company called 'Bryan Carter'

acting on behalf of a company called 'Lowell',

 

 

they stated that i owed approx £1300 on a Shop Direct Account and

their letter was titled a letter of claim' saying they were going to apply for a CCJ if i did not pay or make a payment arrangement.

 

Not having heard of none of these companies,

i wrote them a letter back denying all knowledge of the company Shop Direct

and denying i owed the debt and asked them to send proof,

I received a reply from Bryan Carter saying that i should refer to my own records and statements from the original creditor ??

 

I was then advised by a consumer helpline to send them something called a 'CCA Request' a

nd a £1 postal order asking for a copy of the agreements made

and a copy of the statements for the alleged account,

this was sent at the beginning of August and until today i have heard nothing else from them.

 

Today in the post,

i have received a reply from Bryan Carter in relation to my CCA,

 

 

it states, attached is a summary statement in relation to the account in question

which was opened with Littlewoods in 1994

and this should satisfy the CCA Request,

then it says i have a week to contact them to make a payment arrnagement or further action may follow.

 

However, All they have sent me is a piece of paper from Shop Direct which includes the following:-

 

1, My Name and and account number (with No Address which it relates to)

 

2, A summary of payments made on the account (last payment showing as January 2009)

 

3, A Balance Summary,

 

4, A section saying that the account has had £600 insurance charged and £120 in charges ?

 

5, A section which says goods ordered in the last 3 years (which is blank with no info).

 

Now my Questions:

-I cannot recall ever having a Littlewoods Account or Shop Direct account,

i know i had a catalogue account many many years ago,

but this was all paid off as far as i know.

 

Does the above paperwork satisfy a CCA Request ?

 

I was told that they had to send a credit agreement ?

 

What else can i do, if im sure ive never owed money to these companies ?

 

What action are they likely to take if i dont contact them ?

or shall i send another letter asking for a copy of the agreement and address it was taken out at ?

 

Any advice appreciated as getting worried about this now. Many Thanks Sas

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Hi sassy..

 

No, it isn't satisfactory - however there are some people who would fall for this.

 

I will try and find someone to advise further.. so hold tight. It might not be this evening.. all the caggers who advise in this section are volunteers so they will look in on you as soon as they can.

 

You MUST not under any circumstances telephone these people.

  • Confused 1

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Uploading documents to CAG ** Instructions **

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I think what you need to do here, is send a prove it letter. Chances are when you contacted CArter and co, he has used your info to try and create a reconstituted agreement.

 

This guy and his company dont care about facts, All he cares about is getting money from people however he can. Thats why, when he is challenged, he runs a mile.

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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is this on your credit file?

 

 

I bet not!!

 

 

and if you've not paid nowt in more than 6yrs, its statute barred

 

 

go away and fleece another mug carter

 

 

this one found cag.

 

 

pers I'd not be replying further

 

 

DCA's and their 'fake/tame' sols

are NOT BAILIFFS

 

 

and have

NO SUCH LEGAL POWERS.

 

 

you fellfor the threat-o-gram.

 

 

now you need to ignore them.

 

 

unless they issue a claimform.

 

 

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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Hi sassy..

 

No, it isn't satisfactory - however there are some people who would fall for this.

 

I will try and find someone to advise further.. so hold tight. It might not be this evening.. all the caggers who advise in this section are volunteers so they will look in on you as soon as they can.

 

You MUST not under any circumstances telephone these people.

 

Ok thanks all for your replies, I await your further assistance citizenb and fellow CAGgers, ill check my credit file and will update later today

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Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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if you've already sent a cca request and carter has failed that

 

 

there is little oint in sending the prove it letter

 

 

neither is there any point in a cca failure letter.

 

 

until/unless carter finds the CCA

he knows full well any cour claim will FAIL>

 

 

pers I'd send nor do anything.

 

 

the only thing not to ignore

is if hes brave enough to issue a claimform

for a debt he holds no CCA for.

 

 

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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go get your credit file from noddle below.

 

 

make sure this is say not fraud

 

 

could be if you've moved?

 

 

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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