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      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.  

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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.

      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.
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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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Provident / Buchanan Clark & Wells


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Hi

 

Looking for a bit of advice. I had a couple of loans with provident, I think the balance at the time was approx. £1800. Basically what had happened was the agent who was collecting the money weekly stopped coming. Another agent showed up and I continued to pay without any problems. My wife lost her job so we agreed to go onto minimum payments. After missing a few payments we were visited by the area manager who agreed to clear off all the interest on the loans provided we kept our payments up to date. This was great as it reduced the amount on the loan.

 

Another 6 weeks went by an no agent came to the door to collect. We contacted provident who advised a new agent would be out. The new agent showed up on the first week but failed to show up for the following 7 weeks. 1 week later a card was put through the door and written on it was "8 weeks noone has answered the door". If this was true then we would have a card through every week that we had missed however no card had been left.

 

My wife then contacted provident directly and they advised that "we might send someone out next week or we might just take you to court".

 

A few more weeks went by and I started receiving letters from Buchanan Clark and Wells advising they were collecting this debt now. I feel that this should never have been passed to them as provident hadn't stuck to their side of the agreement by collecting the money weekly. Was looking for a bit of advice before contacting them as I feel that provident have breached the agreement by not coming for the money.

 

This has now impacted by credit rating I'd imagine as I had heard that provident now report to credit agencies when there are arrears on accounts.

 

Can anyone advise what action I should take with this?

 

I have contacted provident today who have advised me that they can't take the debt back from BCW and BCW have advised that they wont give the debt back to provident.

 

Any help would be greatly appreciated.

 

Thanks

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Hi

 

Looking for a bit of advice. I had a couple of loans with provident, I think the balance at the time was approx. £1800. Basically what had happened was the agent who was collecting the money weekly stopped coming. Another agent showed up and I continued to pay without any problems. My wife lost her job so we agreed to go onto minimum payments. After missing a few payments we were visited by the area manager who agreed to clear off all the interest on the loans provided we kept our payments up to date. This was great as it reduced the amount on the loan.

 

Another 6 weeks went by an no agent came to the door to collect. We contacted provident who advised a new agent would be out. The new agent showed up on the first week but failed to show up for the following 7 weeks. 1 week later a card was put through the door and written on it was "8 weeks noone has answered the door". If this was true then we would have a card through every week that we had missed however no card had been left.

 

My wife then contacted provident directly and they advised that "we might send someone out next week or we might just take you to court".

 

A few more weeks went by and I started receiving letters from Buchanan Clark and Wells advising they were collecting this debt now. I feel that this should never have been passed to them as provident hadn't stuck to their side of the agreement by collecting the money weekly. Was looking for a bit of advice before contacting them as I feel that provident have breached the agreement by not coming for the money.

 

This has now impacted by credit rating I'd imagine as I had heard that provident now report to credit agencies when there are arrears on accounts.

 

Can anyone advise what action I should take with this?

 

I have contacted provident today who have advised me that they can't take the debt back from BCW and BCW have advised that they wont give the debt back to provident.

 

Any help would be greatly appreciated.

 

Thanks

 

Have you requested a copy of the agreement ?

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  • 1 month later...

Beware of this cowboy company. They will ring you four, five and six times a day at home, on your mobile and even send you emails. I wrote to them three times requesting that everything was to be done in writing but they ignored this and kept the phones ringing. After exhausting thier complaint procedure where they state they have done nothing wrong I was still getting the harassing calls. I eventually got them off my back by writing to Provident and BCW informing them that I had informed the local police of harrasment calls and that I was taking action concerning this matter. What a joke, even after the police involvment that did not stop them and in the end I gave one of thier telephone staff a very bad mouthfull and she/he/it slammed the phone down on me. I later received a letter from Provident stating that it was back in thier hands.

 

Provident use an In-house solicitor called "Edrupts" who will also get involved at some point.

Edited by Queens_king
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