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Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Customer Question

Sunday 03 March 2013 Email:[email protected] XXXXX Sunday 03 March 2013
Sale C:/Premier Man - just an answer
M33 3EG

Dear Sir

On the 2 September 2011, I purchased a pack of 3 Boxer shorts from Premier Man (PM) via their website at a cost of £22.00 plus £2.99 delivery

At this point they opened a credit account with me (something I didn’t agree to) with a limit of £200.00. and began sending me accounts every month for increasing amounts.

My recollection of the initial purchase was that the item had been paid for in advance, as occurs with almost every other internet transaction (at 77 my short term memory is not what it used to be).

Eventually I noticed that the items had not been paid for and forwarded a card payment on 1 December 2011 of £26.25 to cover the purchase.

This didn’t put Premier man off as they had added 3 administrative charges of £12.00 bringing the bill to £38.83 and have now increased their charge to £214.31, despite the fact that the original cost had been paid for.

They passed the account to “Reliable Collections” who regularly write and telephone several times a day. I wrote to them (letter below). They sent me a copy of a “credit agreement”, but it was not signed by me. They continue to press on with their letters and calls in a process I believe amounts to harassment.

There are several websites e.g. at the URL, describing where other people have been drawn into the company’s web, no doubt to be sucked dry by Premier Man. Debt Line, have 58 customers they are assisting with PM debts.

I believe that PM are functioning as a fraudulent organisation, deriving their profit from setting up unsuspecting purchasers and then harassing them with a barrage of automated telephone calls and threatening letters. Premier Man appear to be the successors to Peter Rachman,, the London landlord in the Notting Hill area in the 1950s and 1960s who became
notorious for his exploitation of tenants..

I would appreciate your advice on how to deal with this matter.

Yours sincerely, XXXXX C:/Premier Man - just an answer

Ashburn House XXXXX
Cheshire M33 3EG UK [email protected]

06 February 2012
Premier Man

Dear Sir/Madam

Re :- Account No: P7244352 My Reference Number: Premier Scam 1

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, 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 an appointment with you or any of your associates.

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 and Short Ltd [1959] 2 Q.B. 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, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I look forward to hearing from you.

Yours faithfully

W J Martin

C:\\Premier Man 6.02.2012
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

I think you're right to think this is some kind of scam. It appears that have acted unfairly and unreasonably and contrary to the spirit of the Consumer Credit Act.

I would suggest that your next step should be to contact your local Trading Standards office. They can investigate this matter for you free of charge and take action if necessary. The alternative is to instruct a lawyer to write to them.

You can also lodge a complaint about the credit agreement with the Financial Ombudsman Service:

Can I help further?


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