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    • No. The defence is different. Their defence paragraph 2.7, 2.8, 2.9, 2.10 – for the first time makes reference to an alleged term between the Packlink/EVRi contract which apparently specifically excludes the effect of the Contracts (Rights of Third Parties) Act 1999. If this is true then it is very likely that they will have closed that loophole because the 1999 act specifically allows itself to be excluded by an express term within the principal contract I think that you will have to do ask the court to require them to provide evidence by way of presenting their contract and also the date that this new amendment was inserted. I understand that your claim refers to an item which was lost a year or so ago. These give us the date. We would certainly want to know that this amendment predates the date when you first contracted with Packlink to send the item. I would want to say to the court that in the absence of their willingness to confirm with evidence the date that this contractual amendment was made, that the court should assume that this was a recent amendment and was therefore not in force at the time you made your contract. We have third-party defences on this sub- forum which are fairly recent and there has been no mention of this exclusion of the 1999 act. I think we can take it that this is something that they have put together very recently. Secondly, even if they want to exclude your third party rights, it does not absolve them from the negligent handling of your item and in respect of an action for negligence you have first party rights. You don't have to rely on third party rights – although of course, you didn't allege negligence in your original claim. We didn't advise you to do so. Maybe shortsightedly we didn't foresee this contractual amendment. Of course assuming that this contractual amendment is true – although I expect it has only been added recently – what they are saying here is that nobody in the United Kingdom who makes any contract with any parcel delivery company using Packlink will have the right to bring a claim for lost or damaged or even stolen parcels. These people have lost their moral compass. It is shabby treatment of ordinary customers who pay their money and who repose their trust in these parcel delivery companies. No wonder that the Paralegal Children are now ashamed to sign off these documents with their own names. In terms of parcel tracking information – apparently it has been destroyed according to their own data protection policy. That's their business. It's got nothing to do with you and they can't use this to frustrate the six year limitation for bring a breach of contract action or the three-year limitation period for bringing an action in negligence or other tort. There reference once again to the exclusion of the 1999 Act but this time apparently in the contract between you and Packlink – is irrelevant because the exclusion has to be in the commercial contract between Packlink and EVRi – which they have referred to in their paragraph 2.7 et cetera of their defence. I'm assuming that you propose to go ahead with this case. Please let us know when you respond and we will go forward. In the meantime, I suggest that you write a letter to EVRi. Referred to their paragraph 2.7 et cetera and asked them for a copy of the contract and confirmation of the date on which the exclusion of third party rights term was included in it. Tell EVRi that if they do not answer or if they refuse that this will be brought to the attention of the judge. Tell them also that you notice that they say that they have destroyed data in line with their data protection policy. Inform them that they do not appear to have disclosed this data protection policy to their customers. Please will they forward you a copy of it and once again if they failed to respond or if they refuse that you will bring this to the attention of the judge as well. I suggest that you post a draft of the letter here so we can have a look    
    • Good morning dx100UK Could I send the update to you privately? Regards
    • On the other thread you posted on, you asked about immigration issues. We aren't qualified to give that advice, sadly, you would need to find an authorised adviser. 'It is a criminal offence for a person to provide immigration advice or services in the UK unless their organisation is regulated by the Office of the Immigration Services Commissioner (OISC) or is otherwise covered by the Immigration and Asylum Act 1999. Members of certain professional bodies may give immigration advice without registering with OISC.' How to become a regulated immigration adviser - GOV.UK WWW.GOV.UK  
    • Hi. Can you show us the letter from the police please? Cover up your name and address. Our upload guide will help you. HB
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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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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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BCW Group plc.


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Hi everyone,

has anyone heard of BCW Group Plc?

I received a text message from them today asking me to contact them urgently on an 08444 no. and quoting my unique reference No. I suspect they are a DCA but would appreciate any confirmation of this.

Many thanks

Allswell

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BCW and their 'URGENT' texts!!!

If it were so urgent why don't they have the minerals to ring you?

 

Or even leave a civil message telling you exactly what it is concerning?

 

Simply because your on a phishing list and as soon as you ring that number they'll snap that rod back and won't let you off their rusty paper clip of a hook...

 

**BB Waves to Guests**

 

Ignore these incompetent fools, they won't have anything interesting to say.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The reason for BCW wanting you to contact them is simple, a text costs just pennies to send, if you call the 0844 571 number that BCW ask you too, the cost is 5p per minute which they get a cut out of and thats not including the 2.5p connection charge.

Hope this helps but follow the golden rule and never speak to them on the telephone.

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  • 4 weeks later...

If the alleged debt is statute barred and you have sent the letter advising them, then you need to report them to OFT and TS online via Consumer Direct

 

You could also request their Complaints Procedure, along with a copy of this:

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

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BCW are idiots. They just churn out rubbish for a few months, while ignoring letters. They then suddenly stop the contacts and a few months later, you will have another company sending letters, probably Mackenzie Hall or Aktiv Kapitol, ground feeders who buy old uncollectable debts.

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If you want advice on your thread please PM me a link to your thread

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Muck Hall have already had this, sent them the SB letter and they failed to acknowledge and passed it on to BCW:mad::mad: This debt has not been acknowledged since 2001 so they certainly are the lowest of the low bottom feeders.

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Then you really do need to make a formal complaint about them to consumer direct about this.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Everyones interpretation of harassment differs, however the law is quite clear on the matter,

1 Prohibition of harassment

 

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a) that it was pursued for the purpose of preventing or detecting crime,

(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

© that in the particular circumstances the pursuit of the course of conduct was reasonable.

Protection from Harassment Act 1997 (c. 40)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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As BCW are still harassing you for payment on a Statute Barred debt, I would send a formal complaint to their Complaints Department headed WITHOUT PREJUDICE and tell them that is they don't stop harassing you for payment on a Statute Barred debt you will take them to court for harassment and seek punitive damages.

At the bottom of the letter write "Cc The Office of Fair Trading Consumer Credit Licence Fitness Department" and send a copy to the OFT.

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