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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Provident chasing old vodafone debt

staci
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teaboy2

teaboy2

Posted
Posted

Send provident this: http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

 

As for the agent wanting to meet you, refuse point blank and state that you deem there calls to you as harassment and if they continue you will contact the police. As others have said, the agreement they will get you to sign will be a loan agreement to you for the amount of the debt, where you then make repayments to the agent. Such a loan agreement is unlawful and provident are in breach of OFT guidelines.

 

Also send provident this letter for good measure - http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

If you live in Scotland and it has been 5 years since you made payment on the debt then it is Statuted barred. So send them this (but only if you live in Scotland) - http://www.consumeractiongroup.co.uk/forum/content.php?424-Statute-Barred-Letter-SCOTLAND

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

Next time she calls you tell her you deem her calls as harassment and you will contact the police if she calls again.

 

DO NOT meet her at all, as they intend to offer you a loan for the amount of the debt. In other words they pay your debt off for you and you then have to pay them a certain amount each week. They are acting in breach of OFT guidelines and attempting to get you to sign such an agreement is unlawful.

 

Also never give out card details.

 

Personally send the letters i suggested and if they do not stop report them to the police, OFT, Trading standards and report wescott too to the OFT, and Trading standards

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

Well you do not need to send Wescott anything. The letters i linked to should all be sent to Provident (i have posted the address for you below).

 

The statute barred letter is only to be sent if you live in Scotland - So if you live in England, Wales or Northern Ireland, DO NOT send the statute barred letter.

PROVIDENT PERSONAL CREDIT LIMITED

NO. 1

GODWIN STREET

BRADFORD

WEST YORKSHIRE

UNITED KINGDOM

BD1 2SU

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

Well Provident are the ones that are attempting to collect the debt, so the letters are meant to put a stop to them calling you and attempting to visit you in person like they have been trying to do. So its provident that the letters need to be sent to.

 

Wescott haven't tried to enforce the debt, though you can make a compliant against them to the OFT, Trading standards and the Information Commissioners Office for passing your information (in breach of the data protection act) to provident who then attempted to get you to sign a loan agreement equal to the debt.

 

As DX says, do not contact wescott this will only set them onto you and they are a lot worser than provident. So for now you should avoid contact westcott. Though if they do rear their ugly heads, come back here and let us know and we'll help you put the naughty boys down but not in a gentle way :wink:

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

Yes still send the letters - What it says about paying the debt to them at a reduced amount with zero interest is a reference to entering a loan agreement with them as we have been telling you, which is unlawful.

 

Chances are this debt will be statute barred in England, Wales and Northern Ireland next year anyway, and if your in Scotland its already statute barred anyway. Once a debt is statute barred you do not have to pay anything back. If its not yet statute barred, then if wescott do not rear their heads, then chances are you will get away with not having to pay it back. If wescott do show their ugly heads, then we can get them to accept a full and final settlement at a fraction of the value of the debt, say pennies in the pound for example.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

No Problem Staci

 

Keep us updated on any response or any futher calls you received, also any text message should be saved as you can then show the police them and save your mobile call history as it will show how many calls they make to you, and record the date and time for any calls you receive on your parents phone. Though in a few days after they get your letters i suspect all calls will cease.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted (edited)

Simply state that after seeking advice, you will not be meeting with her and have sent letters to provident. Also she is to cease all calls and text to all your phones otherwise you will deem her actions as harassment and will report her to the Police. Also state their attempts to get you to repay a debt by getting you to enter into a credit agreement is unlawful and in breach of OFT Guidelines. Then hang up.

 

P.s. also state that if she comes to your home, she will be committing an act of tort of trespass and you will call the police.

 

Do not say anything else and do not enter conversation with her. Just stick to saying whats above only and say it calmly and clearly, without any swear words (though i would probably tell her to f*** Off myself).

Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

Staci.

 

Send the letters i previously suggested to provident.

 

To contact Vodaphone by filling in the form found here - https://help.vodafone.co.uk/system/selfservice.controller?CMD=ESCALATION_REQUEST&CONFIGURATION=1000&PARTITION_ID=1

 

Other than that, you do not need to do anything other than letting the person that whats to meet you that you will not be meeting her and shes not got permission to come to your house, as so, if she did come to your house she would be deemed as trespassing and you will call the police. That's all you need to do for now.

  • Haha 1

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

Ok, let us know what Vodaphones response is.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

 

Thanks for helping staci out here TB2- I appreciate it.

 

The only thing I'd add would be to make sure that the code WRT135 - FAO Lee is quoted in the subject line to make sure the email reaches me and the team.

 

Best wishes to you both.

 

Lee

 

Web Relations Team

 

Vodafone UK

 

No Problems.

 

Didn't see anything mention about the WRT135 bit, just spotted the link in the other thread and posted it for staci :-)

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

I love it when a plan comes together - Now wheres that smiley that's puffing on the cigar lol

 

On serious note though Staci - Well done. :-D

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

Well if you acknowledge the debt as yous, then Vodafone in my opinion given the circumstances should close the account at zero balance as a goodwill gesture. Though they may deduct part of the outstanding amount from the balance and make a repayment plan with you for the rest. Though like i said, given the circumstances, i personally think they should close the account.

 

Anyway, so long as you make no payments or acknowledge that debt was yours, which you haven't so far, and as it till needs to be proved that it is actually your debt. Then in a years time it will be statute barred, so you wouldn't have to pay anything then.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

Seems you got their attention :-)

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

Well they will go quiet and you'll probably not hear from provident again.

 

As Lee from Vodafone is on to it, they may well offer a repayment plan that you can pay directly to them, or as a sign of goodwill, given what you have been through, they may close the account at zero balance by writing off the remaining balance.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 4 weeks later...
teaboy2

teaboy2

Posted
Posted

Any Update Staci?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted

Ok, have Vodafone got back to you to sort out the account?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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