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    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
    • We believe this firm has been providing financial services or products in the UK without our authorisation. Find out why to be especially wary of dealing with this unauthorised firm and how to protect yourself from scammers. View the full article
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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It seems Provident loan company have jumped on the DCA collection band waggon.

I recieved a letter today informing me that Wescott had passed my details to them for an old debt (nearly statute barred).

They are offering me a loan to clear the debt,and the letter states they are sending one of their friendly agents to my door in the near future,to discuss repayment of the alleged debt.

The scheme is called fresh start.

The offer includes 0% APR and a 10% discount.

 

Has anyone else heard of this or received this letter?

 

Can i send the harassment letter,i have no intention of taking a loan with these people,but i don't want to ring them.

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report them and westoct to the oft for trying to get you to sign up to more debt in an effort to repay an alledged debt

PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thanks PG,i was actually quite angry when i read the letter,if i don't have the money,they can't have it.

I was hoping i could report them to the OFT.

 

This seems a new tact for intimidation of debters to me,Disgusting parctices,but then are'nt all DCA's.

 

Do you know what laws if any they are breaking,i'm learning all the time and it would be valuable knowledge for me.

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dont know the specific law but they are not allowed to suggest using another credit card or getting friends family to pay or suggesting getting a loan to pay off a debt

PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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Physical/psychological harassment

2.5

Putting pressure on debtors or third parties is considered to be oppressive.

2.6

Examples of unfair practices are as follows:

a.

contacting debtors at unreasonable times and at unreasonable intervals

b.

pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c.

using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d.

not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by differen

 

Debt collection guidance - Final guidance on unfair business practices - oft664

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Physical/psychological harassment

2.5

Putting pressure on debtors or third parties is considered to be oppressive.

2.6

Examples of unfair practices are as follows:

a.

contacting debtors at unreasonable times and at unreasonable intervals

b.

pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c.

using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d.

not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by differen

 

Debt collection guidance - Final guidance on unfair business practices - oft664

 

Thank you,very interesting.

Not only am i going to report them to the OFT,i think a carefully constructed strong worded letter quoting the above is on it's way:-D.

 

I wonder how many people recieved this type of letter this morning:mad:

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Provi very rarely take anyone to court due to past cases where the judge has thrown it out due to being extortionate. Unless you owe them megabucks, I can safely say that your debt will ever see a court room.

 

They tend to go down the DCA route, in particular CK Edrupt to collect for them, and hope to recoup from there.

 

In their defence, Provi are usually the easiest to negotiate with as they know that at least 99% of their accounts would never make court. So even if you offer £1.00 per week they are more likely to accept.

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This is an old debt,it's not a debt owing to provident.

 

Wescott DCA have passed details of alleged debt to provident for them to collect.

 

So provident are offering me a loan to pay off the debt to wescott at a discount,sweet of them:rolleyes:

 

Still it's good to know that the provi rarely take court action,i do know a few people that have debt with them,and are worried about it.

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This is an old debt,it's not a debt owing to provident.

 

Wescott DCA have passed details of alleged debt to provident for them to collect.

 

So provident are offering me a loan to pay off the debt to wescott at a discount,sweet of them:rolleyes:

 

Still it's good to know that the provi rarely take court action,i do know a few people that have debt with them,and are worried about it.

 

Oh, I see. That's very naughty of them and the authorities will come down on them like a ton of bricks on this little stunt.

 

This is definately worth a complaint. They must be getting pretty desparate.

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Oh, I see. That's very naughty of them and the authorities will come down on them like a ton of bricks on this little stunt.

 

This is definately worth a complaint. They must be getting pretty desparate.

 

It would seem so,what is worrying is they think they are above the law.

How many people owing a small debt will see this this as the answer to their prayers?

 

I'm putting a letter together now to provi,and reporting them to the OFT.

I for one would like to this stunt nipped in the bud,and hopefully get them fined:grin:.

 

I so want to phone them,now i know they are breaking the law,but i will find restraint and write instead:-)

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I had one arrive this morning saying I had the debt with Wescroft even though the day before the same debt was with relaible collections I think.So Saturday i get a letter from RC saying I owe the debt then this morning I get another letter saying I owe Wescroft the debt and would I like to do it through Provident

Idiots:mad:

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Wescott must have a death wish because they are firmly in the OFTs radar.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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I reported to them to trading standards as well as the OFT.

 

OFT informed me that they will not act on one complaint alone,they will only take up the case if more people complain.

 

Trading standards said it will be passed to the relevant department to be looked at,they will then decide if it constitute's harassment.

 

What is the point of the guidelines if they are not to be implemented?,beggars belief:eek:

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Although the OFT do not act on individual complaints they are recorded and used in tandem with reports they receive through the TSs.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Although the OFT do not act on individual complaints they are recorded and used in tandem with reports they receive through the TSs.

 

I can only hope they get a sackfull of complaints soon.

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I just had a provident agent call at my home.

 

They ignored my letter,informing them they are breaking OFT guidlines and that i have reported them and wescott.

 

I did not admit the debt,but told him even if they could prove the debt they are in breech.

 

He had no idea what i was talking about,obviously knows nothing of the guidelines,but he did comfirm provident have brought the debt and are going to collect it.

 

He said he is going to take advice from his manager,and get back to me.

 

I informed him that i would only correspond in writing and it is now deemed as harassment as he has called at my home.

 

So it looks like DCA's are getting desparate and making house calls:evil:

 

I have no idea what to do now, should i wait to see what they come back

with.

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just wait for their next move. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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If Provident are moving into Debt Collection, surely they need a Licence?

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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If Provident are moving into Debt Collection, surely they need a Licence?

 

It would be worth me checking on wether they have.That did'nt cross my mind.

 

I'm of to have a dig:-D

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Sounds like you did the right thing. Just keep your eyes peeled and your guard up ;)

My advice is given based on personal experience and any useful information I've picked up over the years. Always seek professional advice if there's any doubt.

 

<Please feel free to click on the star if you think I've been helpful

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Sounds like you did the right thing. Just keep your eyes peeled and your guard up ;)

 

Will do,thing is i got a bit worked up about them calling and was ready for the agent.

I had an instinctive feeling my letter would be ignored.

 

The plan was not to answer the door to them,but hubby was home and let them in because i was asked for,i had warned him in advance but he "forgot",don't you just luv em:-D.

 

I'll put him in the closet on his next day off so he dose'nt open the door:-D

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I just had a provident agent call at my home.

 

They ignored my letter,informing them they are breaking OFT guidlines and that i have reported them and wescott.

 

I did not admit the debt,but told him even if they could prove the debt they are in breech.

 

He had no idea what i was talking about,obviously knows nothing of the guidelines,but he did comfirm provident have brought the debt and are going to collect it.

 

He said he is going to take advice from his manager,and get back to me.

 

I informed him that i would only correspond in writing and it is now deemed as harassment as he has called at my home.

 

So it looks like DCA's are getting desparate and making house calls:evil:

 

I have no idea what to do now, should i wait to see what they come back

with.

 

Borrow yourself a dog and next time he comes to the door tell him he has got 10 seconds to get off your property or you will let the dog out.

 

My dog is a great deterrant for salesmen. They take one look at her when she is looking out of the window and leave me alone.

 

I am putting a sign up next week saying 'Salesmen Welcome, Dog Food is Very Expensive.'

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Borrow yourself a dog

I suppose you could then make a complaint to the OFT because you've been forced to extend your borrowing. ;):p

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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