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Utilising Equity Law Knowledge for Direct Debit Reclaims
In 2021, Nationwide we successfully used knowledge of equity law to reclaim direct debits. A Data Subject Access Request (DSAR) was sent to the bank to obtain all statements, identifying direct debits that were not for genuine services, such as subscriptions or memberships, but only financial agreements.
Strategic Correspondence and Fund Management
Effective correspondence followed the initial request, ensuring that funds were promptly withdrawn from the account once received. This strategic approach aimed to reclaim money swiftly and efficiently, leveraging a deep understanding of equity law.
Settling Payments and Maintaining Credit
To settle payments with the bank, customers used a BGC (Bank Giro Credit), ensuring that their credit files remained clean. This meticulous attention to financial management underscores the importance of equity law knowledge in protecting one’s credit standing.
Handling Debt Collection Agents (DCAs)
When debt collection agents (DCAs) began to pursue, the informed customers were prepared. They sent DSARs to the DCAs and were ready to counterclaim if necessary, demonstrating proactive and informed action based on equity law principles.
Empowerment Through Legal Knowledge
This case exemplifies how a thorough understanding of equity law can empower individuals to reclaim funds, manage financial obligations, and handle debt collectors effectively. Leveraging this knowledge is key to navigating financial and legal challenges successfully.
Road Tax Claim and Legal Proceedings
In early 2022, the DVLA issued a Single Justice Procedure (SJP) for a road tax claim. After requesting an adjournment and a local hearing, only three weeks were given with no venue change. The we declined to attend the hearing. A precise Data Subject Access Request (DSAR) was sent to both the court and the DVLA; the court failed to respond, and the DVLA breached the Data Protection Act 2018 by concealing information.
Challenging the Fine and Misrepresentation Issues
A fine was issued and subsequently challenged at court for validity, but there has been no response. Debt collection agency CDER left a calling card, and when contacted, the representative falsely claimed to be a bailiff. We informed him that continuing this misrepresentation would be a violation under the Fraud Act 2006, leading to potential imprisonment. This assertion is based on a solid understanding of equity law and fraud legislation.
Data Protection and Claims Follow-Up
CDER received a DSAR, resulting in a Letter Before Claim (LBC) and a Notice crafted with the knowledge of Mankind gained from law knowledge. CDER went quiet and we were informed they were no longer handling the matter by Martons who said they were. Their CEO was sent a similar notice and they have now gone quiet. Further claims are being prepared against the DVLA for sharing data with other organisations without consent, highlighting ongoing breaches of data protection laws.
We are in the process of rectifying this with the Magistrate court as the conduct is unlawful.
Maxim of Equity
The case exemplifies the maxim: “equity knows no time,” underscoring the timeless relevance of equity law in addressing legal challenges. By applying equity law principles, individuals can navigate complex legal issues and protect their rights effectively.
Effective Use of Equity Law in PCN Disputes
Parking Charge Notices (PCNs) issued by Parkingeye and handled by Equita were successfully addressed through the application of equity law. After sending a detailed Data Subject Access Request (DSAR), both companies dropped all outstanding matters.
Considering Counterclaims
While there was consideration for a counterclaim for compensation, the decision was made to let go of past issues in the spirit of equity as it had been 4 years since – perhaps this is why we don’t hear from them. This demonstrates a deep understanding of equity law principles, emphasising fairness and resolution over prolonged conflict.
Resolution and Equity Law Principles
This case highlights how knowledge of equity law can effectively resolve longstanding disputes. By leveraging DSARs and adhering to equity law, individuals can achieve successful outcomes and move forward without the burden of unresolved issues.
Challenging PCN Legitimacy with Equity Law
In early 2021, a Penalty Charge Notice (PCN) for a bus lane contravention was issued by a local council. Questions regarding the legitimacy of this PCN were raised but ignored, leading to involvement from the Traffic Enforcement Centre (TEC) and debt collection agency Bristow & Sutor.
Utilising DSARs for Compliance
Applying equity law, our accurate DSARs were sent to all three parties (the local council, TEC, and Bristow & Sutor). None complied, providing grounds for compensation claims. This non-compliance is evidence of their failure to act, a key point in equity law.
Handling Unlawful Clamping
When Bristow & Sutor clamped the car in 2022, the agent was informed they had one hour to remove it. Due to time constraints, the clamp was removed by the car owner, photographed, and the CEO was emailed with the photo, advising collection. No further action has been heard since. Claims for their actions will be made in due course.
Equity Law Principles in Action
This case demonstrates the effective use of equity law principles to challenge and resolve disputes over PCNs. Knowledge of DSAR rights and the proper steps to take in response to non-compliance underscores the power of equity law in protecting individual rights and ensuring fair treatment.
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