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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
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Provident Collecting??


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It seems Provident loan company have jumped on the DCA collection band waggon.

I recieved a letter today informing me that Wescott had passed my details to them for an old debt (nearly statute barred).

They are offering me a loan to clear the debt,and the letter states they are sending one of their friendly agents to my door in the near future,to discuss repayment of the alleged debt.

The scheme is called fresh start.

The offer includes 0% APR and a 10% discount.

 

Has anyone else heard of this or received this letter?

 

Can i send the harassment letter,i have no intention of taking a loan with these people,but i don't want to ring them.

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Thanks PG,i was actually quite angry when i read the letter,if i don't have the money,they can't have it.

I was hoping i could report them to the OFT.

 

This seems a new tact for intimidation of debters to me,Disgusting parctices,but then are'nt all DCA's.

 

Do you know what laws if any they are breaking,i'm learning all the time and it would be valuable knowledge for me.

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Physical/psychological harassment

2.5

Putting pressure on debtors or third parties is considered to be oppressive.

2.6

Examples of unfair practices are as follows:

a.

contacting debtors at unreasonable times and at unreasonable intervals

b.

pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c.

using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d.

not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by differen

 

Debt collection guidance - Final guidance on unfair business practices - oft664

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Physical/psychological harassment

2.5

Putting pressure on debtors or third parties is considered to be oppressive.

2.6

Examples of unfair practices are as follows:

a.

contacting debtors at unreasonable times and at unreasonable intervals

b.

pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c.

using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d.

not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by differen

 

Debt collection guidance - Final guidance on unfair business practices - oft664

 

Thank you,very interesting.

Not only am i going to report them to the OFT,i think a carefully constructed strong worded letter quoting the above is on it's way:-D.

 

I wonder how many people recieved this type of letter this morning:mad:

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Provi very rarely take anyone to court due to past cases where the judge has thrown it out due to being extortionate. Unless you owe them megabucks, I can safely say that your debt will ever see a court room.

 

They tend to go down the DCA route, in particular CK Edrupt to collect for them, and hope to recoup from there.

 

In their defence, Provi are usually the easiest to negotiate with as they know that at least 99% of their accounts would never make court. So even if you offer £1.00 per week they are more likely to accept.

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This is an old debt,it's not a debt owing to provident.

 

Wescott DCA have passed details of alleged debt to provident for them to collect.

 

So provident are offering me a loan to pay off the debt to wescott at a discount,sweet of them:rolleyes:

 

Still it's good to know that the provi rarely take court action,i do know a few people that have debt with them,and are worried about it.

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This is an old debt,it's not a debt owing to provident.

 

Wescott DCA have passed details of alleged debt to provident for them to collect.

 

So provident are offering me a loan to pay off the debt to wescott at a discount,sweet of them:rolleyes:

 

Still it's good to know that the provi rarely take court action,i do know a few people that have debt with them,and are worried about it.

 

Oh, I see. That's very naughty of them and the authorities will come down on them like a ton of bricks on this little stunt.

 

This is definately worth a complaint. They must be getting pretty desparate.

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Oh, I see. That's very naughty of them and the authorities will come down on them like a ton of bricks on this little stunt.

 

This is definately worth a complaint. They must be getting pretty desparate.

 

It would seem so,what is worrying is they think they are above the law.

How many people owing a small debt will see this this as the answer to their prayers?

 

I'm putting a letter together now to provi,and reporting them to the OFT.

I for one would like to this stunt nipped in the bud,and hopefully get them fined:grin:.

 

I so want to phone them,now i know they are breaking the law,but i will find restraint and write instead:-)

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I had one arrive this morning saying I had the debt with Wescroft even though the day before the same debt was with relaible collections I think.So Saturday i get a letter from RC saying I owe the debt then this morning I get another letter saying I owe Wescroft the debt and would I like to do it through Provident

Idiots:mad:

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I reported to them to trading standards as well as the OFT.

 

OFT informed me that they will not act on one complaint alone,they will only take up the case if more people complain.

 

Trading standards said it will be passed to the relevant department to be looked at,they will then decide if it constitute's harassment.

 

What is the point of the guidelines if they are not to be implemented?,beggars belief:eek:

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Although the OFT do not act on individual complaints they are recorded and used in tandem with reports they receive through the TSs.

 

I can only hope they get a sackfull of complaints soon.

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I just had a provident agent call at my home.

 

They ignored my letter,informing them they are breaking OFT guidlines and that i have reported them and wescott.

 

I did not admit the debt,but told him even if they could prove the debt they are in breech.

 

He had no idea what i was talking about,obviously knows nothing of the guidelines,but he did comfirm provident have brought the debt and are going to collect it.

 

He said he is going to take advice from his manager,and get back to me.

 

I informed him that i would only correspond in writing and it is now deemed as harassment as he has called at my home.

 

So it looks like DCA's are getting desparate and making house calls:evil:

 

I have no idea what to do now, should i wait to see what they come back

with.

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If Provident are moving into Debt Collection, surely they need a Licence?

 

It would be worth me checking on wether they have.That did'nt cross my mind.

 

I'm of to have a dig:-D

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Sounds like you did the right thing. Just keep your eyes peeled and your guard up ;)

 

Will do,thing is i got a bit worked up about them calling and was ready for the agent.

I had an instinctive feeling my letter would be ignored.

 

The plan was not to answer the door to them,but hubby was home and let them in because i was asked for,i had warned him in advance but he "forgot",don't you just luv em:-D.

 

I'll put him in the closet on his next day off so he dose'nt open the door:-D

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I just had a provident agent call at my home.

 

They ignored my letter,informing them they are breaking OFT guidlines and that i have reported them and wescott.

 

I did not admit the debt,but told him even if they could prove the debt they are in breech.

 

He had no idea what i was talking about,obviously knows nothing of the guidelines,but he did comfirm provident have brought the debt and are going to collect it.

 

He said he is going to take advice from his manager,and get back to me.

 

I informed him that i would only correspond in writing and it is now deemed as harassment as he has called at my home.

 

So it looks like DCA's are getting desparate and making house calls:evil:

 

I have no idea what to do now, should i wait to see what they come back

with.

 

Borrow yourself a dog and next time he comes to the door tell him he has got 10 seconds to get off your property or you will let the dog out.

 

My dog is a great deterrant for salesmen. They take one look at her when she is looking out of the window and leave me alone.

 

I am putting a sign up next week saying 'Salesmen Welcome, Dog Food is Very Expensive.'

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