Buchanan clark & wells/provident - I won

[Angel104]

I sent a CCA request to Buchanan clark and Wells and they have sent my £1 back with a letter saying they do not hold copies of credit agreements. What do I do now?

[djdave]

Is it a form of credit for which an agreement would be required (not an overdraft, utility bill etc)?

 

If so sit back, safe in the knowledge that they are going to commit an offence under the Consumer Credit Act, and that they've admitted that in writing. Then when the 12+30 deadline is up, report them to all and sundry.

[rory32]

What is the account in relation too.

 

They may not hold copies of credit agreements but they still need to produce one to enforce the debt. Until they produce one the debt is unenforceable and after 12 working days from receipt of the request they default, which means you can withhold payment until a copy of the agreement is produced.

[Angel104]

It is in relation to a provident personal loan

[tooth_fairy]

I would now CCA Provident, if BCW haven't said they will request from the original creditor, provident.

 

As I have seen on this forum and MSE- Provident generally do have CCA's for the debt, how much do you owe them?

 

Out of interest, my sister had a loan from them 4-5 years ago after financial difficulties, the collector stopped coming...then she paid off in full via their head office, took out another loan, then the collector again stopped calling after 12 weeks or so, is this a ploy to get people NOT to be able to pay their loan back?

[lookinforinfo]

Angel, BCW as a rule are a total pain, and so rather than write to Provident,

just sit tight and do nothing nor pay off the debt.

Then when the time limit is up ie 2 days plus 12 working days plus 30 days

complain to Trading Standards about BCW. Should BCW try and enforce the debt in the meantime point out that you are still waiting for them to comply

with your CCA request.

[N.P]

Hi all,

 

I just had a quick read of this thread when I noticed a pattern which is appearing to some people.

 

My girlfriend who is unable to work now due to health problems has had a few loans with Provident. She said she has paid them off without problems, but a month and a half or so ago she received a letter from BCW stating she owed nearly £1700 to Provident and if she didn`t pay up they would take her to Court.

 

Anyway, this letter arrived at the house of the parents of her ex-husband out of the blue, and she said she was up to date with payments but then the collection woman STOPPED coming, so she assumed the loan was cleared.

 

As the letter didn`t arrive at her present address I advised her to totally ignore it and do nothing, if they find her we will CCA them.

 

I think the alleged debt is around 5-6 years old, maybe longer she say. So, if they find her and show up again and it turns out it is over 6 years she can use the Statute Barred defence.

 

It would be interesting to hear if anyone else has had the same problem with these muppets.

 

Good luck with this one Angel!

 

Regards

 

 

N.P.

[babybear39]

Subscribing...

[Angel104]

I sent a cca request to buchanan clarke & wells and they wrote back saying the had asked the provident to sent the agreement to me directly. This morning I received another letter from buchanan clarke and wells saying that the provident have informed them that are not sending the credit agreement and Buchanan clarke have said that unless iI make a payment in the next 24 hours they are starting court proceedings what do I do now?

[2Grumpy]

Is this for credit or an overdraft?

 

If credit card / hp / loan then no CCA = no payment

For an overdraft there should at least be an agreement of some sort

 

Sounds like they are trying to pull a fast one

 

Write back saying that you do not recognise the debt and that they have not sent the CCA as requested, that the account is in dispute and that you will not pay anything until they prove to you that the debt is yours, the value of the debt and that they are entitled to collect it

 

Don't sign your name, might be worth sending registered

[dpick]

I sent a cca request to buchanan clarke & wells and they wrote back saying the had asked the provident to sent the agreement to me directly. This morning I received another letter from buchanan clarke and wells saying that the provident have informed them that are not sending the credit agreement and Buchanan clarke have said that unless iI make a payment in the next 24 hours they are starting court proceedings what do I do now?

 

They would need to prove the debt in court, So send a letter to them and ask for copy of documents they would be using in court.

 

If they refuse then keep all communication and if they then take you to court you can ask the court under CPR 4.6 that they produce documents so that you can settle matter out of court. IE no agreement go away if they have a valid agreement you can offer payment arrangement.

 

all the best dpick

[Bookworm]

Also tell them that any court action they contemplate will be vigorously defended, and that non-supply of a CCA is a full defence in itself, as they should very well know.

[Bookworm]

Sorry, typed at same time.

[rory32]

Sounds very much as if there is no copy of the agreement and that this is an act of desperation on behalf the DCA/OC. Normally their letters become more agressive the weaker their position.

[rory32]

When did they receive the CCA request and what type of account is it.

[rory32]

Is it relation to this thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/111894-buchanan-clark-wells-problem.html

[2Grumpy]

Had a look at that thread but I couldn't see what the original debt was for

 

was it a credit card, loan, hp, overdraft, utility bill?

[rory32]

was it a credit card, loan, hp, overdraft, utility bill?

Provident personal loan (post #4)

[2Grumpy]

Then there should be a CCA

 

No CCA = no right to collect

[Angel104]

I received another letter this morning from BC&W. It says: You moved to a new address without informing our client which puts you in breach of your agreement and could result in legal action.

Now I dont know what is going on here but I have not moved, I have lived here 3 years. When I moved here I informed the provident collector who came round for payments for a couple of weeks and then stopped comming. I telephoned their bradford office a few times but nobody showed up.

[Angel104]

caa'd BC&W got a letter this morning with £1.00 saying they cannot obtain credit agreement from the provident and they have closed the account:)

[Having_A_Knightmare]

Result:D

 

Well Done Angel but make sure you keep the letter!!!

 

HAK