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    • So guess what, we have received a final demand letter for £100. It states if payment is not made by 11/06 they will have no option but to forward the case to their litigation dept with a view to commence County Court Proceedings. So just wondering if anyone has any advice. Do we ignore this? or do we need to take action? Thanks 
    • hi dx, thanks for helping just re-reading everything this morning and I must have missed this one from uncle in his thread "What you should not do, is not contact the Banks and simply default on payments. "  are you in disagreement with this based on your last sentence?
    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
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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.

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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 personal Credit sent this CCA in response to my request


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Hi deano if your girlfriend took out the loan both her and the agent are guilty of fraud the agent can sign both part of loan agreement i would write to provident and tell them that you never signed for loan and if they harrass you any more you are going to police and they can check your signature tell them you never signed a request to call form 24hours before loan was issued dont let them bully you tell them you are going to report them to the fininacal ombudsman and the office of fair trading good luck

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This company are a joke!

 

After numerous correspondences there “only” solution to the problem that they provided was to send an agent round to my home to collect a written statement from myself. Considering I have already stated to them in writing I don’t know anything about it, I failed to see what this would achieve. Also I don’t like the idea of letting one of their blood hounds into my home. I even went all out and provided them with a watermarked signature, in order to show it did not match the one on the CCA they provided.

 

After many letters backwards and forwards basically saying the same thing I got one from the woman I was dealing with, Diane Hargreaves.

 

“Further to your recent letter, as previously explained on a number of occasions, our procedures in any alleged fraud are to conduct a home visit for the purpose of taking a statement and investigating the allegation. As you have declined to arrange this we are unable to take matters further for you.

 

As we are not satisfied that you have been a victim of fraud, due to not being able to verify matters with you in person, we are unable to remove the details from your credit file. This will reflect the fact you took out and failed pay a loan.

 

However, we have taken the view that it will not be financially viable to pursue the outstanding balance any further and intend to close the account.

 

This settlement is dependent on you confirming that you will take no further steps in relation to this matter.

 

Should you wish for this information to be removed from your file, please contact your local police and raise the matter of the alleged fraud with the police and obtain a crime number.

 

They will then get in contact with us directly, however it is likely that they will advise you to follow our procedures and arrange a home visit.

 

Please not that in the event that you are not satisfied with this proposal we reserve the right to reinstate our collection efforts and recover this debt by all available means.”

 

After that, sent them one saying I was unhappy with their response and that I’d prefer them to take me to court as it is not their place to basically call me a liar.

 

Thoughts please?

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hi deano my advice would be to arrange a home visit but tell them you want either their security manager to call with you or the area manager do not accept an ordinary agent also advise them you will have a friend with you when they call and record the conversation but dont tell them that you are recording it. do inform the police and get a crime number but tell them that in the meantime you are dealing with provident and you dont want them to take any action if provident close your case provident will sell it on to a dca and they will more than likely register a default as well. hope this helps dizzyhead

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Hi Dizzyhead90

 

I have no problem meeting with their representative, infact I offered to meet them in a neutral location, and they refused. I have read a lot about this company and frankly I don’t trust them at all.

 

Also asked them to provide proof of payments, if it was a logbook loan as they claimed, there should have been signatures of mine when the agent collected the money. Again all I got was a crappy print out with dates times and “alleged” payments on the account. No evidence that those payments had been paid by me.

 

I got the last letter from them on the 14th of July 2011 that stated:

 

“Thank you for your further letter.

Having reviewed this matter further with our security team and our legal advisor, I have been advised to inform you of the following.

We feel that we have made a number of attempts to bring this matter to a satisfactory conclusion, however have been unsuccessful.

Our stance has not changed and in order to have this information removed from your credit file, we need to prove that a fraud has taken place. If you do not wish to deal with us directly, we look forward to hearing from either your legal advisor or your local police.

 

Due to the above, we will not be corresponding directly with you any further.”

 

Clearly they don’t want to have to deal with it, as they know they don’t have a leg to stand on. I was tempted to go to the local police station, but I’m not sure what that would do, as i have been advised that they would not act on it.

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hi deano provident dont do logbookloans only cash loans credit cards and shopping vouchers sounds like me like a dishonest agent who let someone sign your name for a loan the police will act on it they have to your signature will be sent away to handwriting experts and then provident will have to listen to you i worked for them and believe me they are nasty and will try to wriggle out of finding out the truth ask them who the agent was or is her/his signature on cca they sent you. i would contact a solicitor and take all correspondence you have to him also contact fos and ask them to investigate provi wont like that

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