Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

FPC- Debt Collection


KGAR14
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4068 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I need some help and advice please - I am having continuous calls every day and sometimes on a Saturday night from these numpties who call themselves FPC.

 

They have said that they are working on behalf of their client Vodafone.

 

I want them to stop calling me and harassing me as my husband works split shifts so he doesn't appreciate our house phone ringing at 10am in the morning when he only went to bed at 3am.

 

I had a vodafone contract with them took it out over 2 years ago but was under the impresison that it had been paid off.

 

Can anyone help!!

Link to post
Share on other sites

Hi KGAR,

First of all never talk to FPC on the telephone, refuse to answer any security questions and tell them in writing only.

Send FPC the prove it letter below, FPC have to prove that the debt exists, send via recorded delivery, print your name only and do not sign...

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

----------------------------------------------------------------

 

Also, to stop the phone calls send FPC this, send with the prove it letter and once again, print your name, dont sign....

 

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,

------------------------------------------------------

 

Best Wishes

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

Link to post
Share on other sites

Variety of information, through credit reference agencies, royal mail re-direction or the underhanded and illegal practice of ringing your ex-neighbours.

Not forgetting if you have filled in forms online etc.

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

Link to post
Share on other sites

I have sent them a letter today which has been drafted up by a close friend who is well known on this forum. Please see letter below and let me know you're thoughts on next steps....

 

You have written to me regarding the above account reference. I have to inform you that you are also

contacting my home telephone number at inconvenient times as my husband works shifts. Therefore

any calls between the hours of 10am and 8pm are completely unacceptable and I would like you to

refrain from contacting me during those hours. In fact, considering that I have no idea what you’re are

calling me about I suggest all communication is put into writing from now on so that I may forward

the details onto my financial advisor for assessment.

After checking through my records I have no paperwork or any other reference to the account you are

chasing. I believe you are contacting me in error and any further correspondence from you in relation

to this account/debt will be referred to Trading Standards unless you have evidence to the contrary.

I trust this outlines the situation.

Link to post
Share on other sites

  • 2 weeks later...

Hi KGAR14,

 

I'm sorry to hear about the problems you've posted about here.

 

As we've referred the account to a DCA it would appear that all did not go to plan when your left us. Not to worry though as I'm sure I can get to the bottom of things for you.

 

To enable me to access the account in question could you email the details across to me by following the information in our pinned thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems?

 

Once you've sent it you'll receive an automated reply with a reference number. So I can make sure it reaches us could you update the thread with this for me?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

Link to post
Share on other sites

  • 9 months later...

Hi. I have recently been contacted by FPC stating i owe Vodafone money for a contract i wasnt aware i had. My contract ran out end of 2010 and i called to state i didnt want the contract to roll on. however, after being told over the phone by a vodafone adviser that it was sorted out, I left it at that unaware that i was being given false information and i was still being charged for something i wasnt using. After speaking to FPC about this they put the account on hold for supposidly 15 days from the date of a letter i recieved to sort out the dispute, but after recently being on the phone to them again i was told that the 15 days started almost 2 weeks before this date which is once again another misleading message. I was also informed that i still owe money because i apparently didnt cancel an already finished contract in the appropriate way and i personally am getting fed up with being given misleading information. The person i spoke to at FPC was rude and wasnt interested in what i had to say, just telling me i was at fault and i owe money. The way i see it is vodafone are giving out misleading information and are trying to rip people off!!!!! :-x

Link to post
Share on other sites

Hi mr showtime,

 

Thanks for making me aware of the concerns you have here.

 

To enable me to be able to get these looked into further could you email the details of the account in question by following the contact information in our pinned thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems?

 

Once sent you'll receive an automated reply with a reference number. So I can make sure it reaches us could you update the thread with this and I'll get back to you as soon as I can?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

Link to post
Share on other sites

  • 1 year later...

Also the same here with FPC

 

had a letter off them yesterday as Lee has tried to help me in the past but had no joy from him

 

FPC have stuck there own outrageous charges on top of my Vodafone Bill Over £85 of charges at least

 

I spoke to Vodafone today when they emailed me stating they would get the debt back and id pay vodafone direct, and again no help whats so ever, i lost my job on thursday due to redundancy and made a very small offer but an offer to keep this FPC off my back and to remove there charges

 

Vodafone came back and said oh we would only make ap ayment plan of 12 months for £47.90 thats the minimum we would accept

 

see what i mean i make an offer and they refuse it, never known anyone to refuse money before so they obviously do not want there money

Link to post
Share on other sites

Hi Chris,

 

First of all, you Tell Vodafone how much your going to pay and not they tell you, as it is a Vodafone debt, pay them directly, as your also now on Benefits you can drop this to £1 per calender month if you so wish to do so, if it takes 196 years to pay off, so be it! A mobile phone debt while your on benefits is low priority, as usual, sort out rent/mortgage, council tax, electricity, gas, water, food, clothing, children's school dinners etc. first before any debts.

 

As to FPC's charges, just ignore, they cannot add charges unless it is specified in your original contract.

 

As your circumstances have changed, Give Lee another shout by posting a reference number and giving him a message with a link to this thread, how to do this is posted in post 9.

 

Stigman

  • Haha 1

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...