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    • Hi, this is the amended and hopefully final defence. Would someone just give it a once over for me before it's ready for filing on MCOL. I'm doubting myself but as I recall I don't need to post to the Sols or Claimant, just submit online?   1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC   2. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   3. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.   4. Paragraph 3 is denied. I have not been served with a Termination Notice or Default Notice pursuant to sec 87 (1) the Consumer Credit Act 1974.   5. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.   It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to s87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.   As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Okay, it's turning out better than I expected. We can go over a resume of the situation when you get it back and see what you think might be outstanding and if you want to do anything about any of it.
    • Back home now - Not a wasted trip entirely but did not come back with the car. They took it in straight away at 8 to sort out the navigation which apparently is resolved.  Next was a health check again: 1. Battery = defective 2. Fuel Flap solenoid - Apparently this was on the MPC but I even missed this.  So another one to add to the list of not rectified but vehicle handed to us.  Worst case with this is the flap does not open. 3. Sun Visor - Requires replacing 4. Navigation - Resolved 5. Tyres - The low tread has been deemed as perished - again, I do not understand how this went through MOT the day before collection!  And they also found a nail in the tread - by the looks of it and the lack of miles we've covered, it's been in there a while.  Agreed front right is budget make.   Took a bit of to/fro but all points have been authorised by Sales for Servicing to carry out - essentially as Sales missed this (or were told it was good to sell), they foot the bill.  Internal politics and all fake/virtual money.   The bad news is despite a note to order the battery last week "just incase", it was not done so battery, solenoid, visor and tyres all will be ordered in for tomorrow and resolved tomorrow hence coming back without it today. Upside, after a bit of pushing, I did get an Automatic Q3 70 plate which was the salesmans own demonstrator.   Salesman also apologised for the way he had been/tone used last week so we've put all that in the past (if everything is sorted!)   Finally, raised the fact their MPC states various services need doing.  The service advisor agreed, checked and to my surprise, the day we picked it up, they were completed. I got a printout stating this which included the oil service (even though it was done in September), gearbox service, Haldex (for the quattro system) and brake fluid.   Only thing I need to ask tomorrow is the parts list does not state Gear Box filter which is part of the service on the s-tronics and gear oil seems to be 1x G060175A2.  IF I am reading this correctly, this is only a top up of 850ml and not a complete service which should be around 5-7 litres + filter.
    • as long as returning the car doesn't cost you ...yes. however you are not compelled to do so out of your own pocket. you simply write, if you need too, stating the car is ready for collection at anytime but please advise me first.   but of course, be a wee bit smart here, until/unless the judgement is actually satisfied, it goes nowhere! dx  
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      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
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      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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Provident - Here's a thing!


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I have a couple of outstanding loans to Provident that I have been paying a reduced weekly payment of £1.50 (should be £30).

 

I received a phone call from my local office late on Friday from the office manager saying that she would like to call on me to sign a 'new agreement' for the total balance on the accounts (a little over 1k) with reduced payments of around £7 or £8 per week ....... she went on to say that the alternative is court action.

 

Why would they need me to sign a new agreement :-?

 

They seem pretty desperate for me to do so.

I started with nothing - and now years later, I have most if it left!

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Wait for the letter to arrive.

 

No action, however unlikely that may be, can occur unless they have written to you.

 

They are probably on the rocks, or have come up short for their xmas party

 

If they do write to you, pop the letter up on here, and the advice will flow.

If my advice or input has helped, by all means tip my scales

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Depends on what sort of agreement they are offering you but usually these 'roll-ups' involve a higher rate of interest than your existing loan so be v. wary.

 

Have you ever submitted a CCA to Provident to see if the loans are actually enforcable? They need to be able to produce a CCA in the correct format & on many old loans the CCA is not available. No CCA, no legal rights to payment. It's possible that Provident have realised they don't have any enforceable agreements & want you to sign up to a new one that they can then enforce.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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"It's possible that Provident have realised they don't have any enforceable agreements & want you to sign up to a new one that they can then enforce".

 

Spot on foolishgirl

 

I think your suggestion is closer to reality there.

 

Tread with caution Augmented

If my advice or input has helped, by all means tip my scales

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I have a couple of outstanding loans to Provident that I have been paying a reduced weekly payment of £1.50 (should be £30).

 

I received a phone call from my local office late on Friday from the office manager saying that she would like to call on me to sign a 'new agreement' for the total balance on the accounts (a little over 1k) with reduced payments of around £7 or £8 per week ....... she went on to say that the alternative is court action.

 

Why would they need me to sign a new agreement :-?

 

They seem pretty desperate for me to do so.

 

Court action! For what exactly? You are making payments at an affordable rate and any court is only likely to maintain that and not force you to make payments you can't afford.

 

Sign nothing and tell them to 'do one'.

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It's possible that Provident have realised they don't have any enforceable agreements & want you to sign up to a new one that they can then enforce.

 

That did cross my mind to be honest - the agent that signed me up for the loans left rather suddenly!

I started with nothing - and now years later, I have most if it left!

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Court action! For what exactly? You are making payments at an affordable rate and any court is only likely to maintain that and not force you to make payments you can't afford.

 

Sign nothing and tell them to 'do one'.

 

Absolutely .... thank you!:D

I started with nothing - and now years later, I have most if it left!

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Spot on foolishgirl

 

I think your suggestion is closer to reality there.

 

Tread with caution Augmented

 

 

I was thinking of sending a CCA request on both accounts if only to see if they had lost/destroyed them - I am fairly sure they will be enforceable as the accounts are only just over 12 months old.

I started with nothing - and now years later, I have most if it left!

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I am fairly sure they will be enforceable as the accounts are only just over 12 months old.

 

In that case you have to assume the new agreement they want to make is prob. just a money spinning exercise i.e. they will increase the interest rate & the minimum repayments. Sit tight & tell them to bog off. Any court should support your existing repayment plan if that is all you can afford & Provident know it! :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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sounds very fishy indeed, if they have an agreement then fine, if they don't then it's tough. Why should you help them to nail you down further than you may already be.

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You should not sign any new agreement, what is the APR on the new agreement?

 

Also have you claimed back any charges yet?

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I would NOT sign a new one either. It will only benefit them or they wouldnt bother.

 

Id also write and tell them not to visit my home again. I know provident can be quite pushy on your doorstep. Its your right to remove there right to call on you :-)

Ash.

 

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