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Implied Rights Of Access


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Hi everyone, are ther any Caggers with a little more knowledge than me, who could spare a few moments.

 

I issued the following letter to Provident Personal Credit Last week:

 

 

Provident Personal Credit

153 Sunbidge Road

Bradford

West Yorkshire

BD1 2NU

 

1st Day of July 2009

Dear Sir or Madam,

 

Account Ref __________________

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone and doorstep calling over the past few months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange or continue firther “doorstep calls”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you now, or in the future. Any previous appointments made are now revoked and cancelled.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions

etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you , or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

 

 

Yours faithfully,

 

xxxxx xxxxxx

 

With their representative signing the following letter as confirmation of delivery/served

Provident Personal Credit

153 Sunbidge Road

Bradford

West Yorkshire

BD1 2NU

 

1st Day of July 2009

Dear Sir or Madam,

 

Account Ref __________________

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone and doorstep calling over the past few months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange or continue firther “doorstep calls”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you now, or in the future. Any previous appointments made are now revoked and cancelled.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions

etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you , or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

 

 

Yours faithfully,

 

xxxxx xxxxxx

 

A COPY OF THE ABOVE SIGNED NOTICE WAS RECEIVED BY ME, DARREN xxxxx, A REPRESENTATIVE OF PROVIDENT PERSONAL CREDIT ON THE 1st Day of JULY 2009: I HAVE RECEIVED THIS NOTICE AT xx xxxxxx Avenue, xxxxx xxxxxx, xxxxxxxx, West Yorkshire, BDxx xxx

I SIGN THIS AS CONFIRMATION OF DELIVERY ONLY

SIGNED: ______________________________________________________________:

PRINT: ______________________________________________________________:

DATE: ______________________________________________________________:

 

 

Yesterday another rep called for payment to my house, even though the above letter was served and signed for.

Can I now take them to court for this? If so, which court? (County Court?) and for what? Where do i go now, any help would be brilliant

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