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    • Thanks for your response.    Is there a way for me to find out if he has assets?    I looked at small claims court and dividing the issues, but I read somewhere (maybe citizens advice or GOV. website?!) that you cannot claim against the same person twice for matters arising from the same incident so I'm not sure that it would work out as surely it would be seen that these issues have all arisen from the same incident (his original work)? 
    • Hi,   So the company is capital recoveries,sending in my wife's name and yes for a short fall. They don't seem to have sent mine yet..lol.. As insaid it is a long story which I did post at the time on here when going through the repossession,basically Kensington claiming they only had fax and not email etc and just making things difficult so when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.   Why would it have been removed from the credit reports within 5 years though,this is what I don't understand.And to collect on it now would they need to re-apply for anything. I don't deny I must owe something....    
    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
    • whos the fleecers thats trying to scam you? i will gather you mean there was a shortfall debt?  
    • We believe this firm has been providing financial services or products in the UK without our authorisation. Find out why to be especially wary of dealing with this unauthorised firm and how to protect yourself from scammers. View the full article
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Me vs Provident Credit & C.K.Edrupt !! HELP PLEASE !!


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Guest alderney1965dk

This is a long one so please bear with me.

 

Last year I took out a loan from Provident Credit as we were in need of some quick money at the time. Anyway all went well, the rep called round once a week to collect the payments then this stopped in November. I had numerous letters from Provident of which I told them that no representative had been in touch either by telephone or mail, they then stated that they would be sending another rep, no one turned up till early this year,after threatning letters from them saying the account was in serious arrears (£202.50). As I was away at the time of the new reps call I could not see them also no telephone number was on the card.

 

I then recieved a couple of other letters basicaly the same as before that the accopunt was in serious arrears and to contact them, this I did, they said they would organize another rep to call to collect payments. No one has been in touch and this morning I recieve a letter from C.K.Edrupt & Co Solicitors serving me with a default notice. I contacted Provident about this and they said because it has gone to the debt collection agency they can no longer deal with it and the onus was on me to contact them.

 

Is there a letter I can send to C.K.Edrupt to explain this or what to do next.

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C.K. Edrupt and Provident are the same company.

 

Registration Number: Z5227544

Date Registered: 07 February 2001 Registration Expires: 06 February 2008

 

Data Controller: PROVIDENT PERSONAL CREDIT LIMITED

 

Address:

COLONNADE

SUNBRIDGE ROAD

BRADFORD

WEST YORKSHIRE

BD1 2LQ

Other Names:

C.K. EDRUPT & CO

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Write back and tell them you want a paying in card do not set up a Direct Debit.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Guest alderney1965dk

Thank you for your help, I am currently on benefits (Income Support) and Careers allowance for my sick wife, Would £5.00 per month be acceptable

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It is for you to decide what you can afford, you must take into consideration your 'priority' bills, housing, utilities etc. £5 per month could be more than a judge would order, possibly as low as £1 per month. Do not leave yourself in difficulties.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Guest alderney1965dk

Thank you £1.00 per month it is then, any idea as to whether there is a letter template I can send advising them of this

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No, I don't believe there is, just put it in your own words, and TELL them that is all you can comfortably afford at this time, when and if, your circumstances improve YOU will decide if you can pay more.

They don't need to see an I&E form.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi,

 

You might find something in here you could edit to suit............

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Hi alderney 1965dk

 

I have had dealing with provident over an account my daughter had, offered to pay £1 amonth which they accepted, and they sent me a payment swipe card to pay it with. Try it they can either accept or decline. Only cost a stamp.:grin:

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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  • 2 weeks later...
Guest alderney1965dk

Hi Guys

 

I have recently started a payment plan with C.K.Edrupt who bought my debt off Provident Personal Credit, and I am offering them £1.00 per month as I am only recieving Income Support. They came back with a letter with the following words and I quote"Whilst we note your comments, neither ourselves or a court can possibly determine whether or not your offer of £1.00 per month is reasonable without details of your income & expenditure. We do not consider it unreasonable to request this informationand enclose the form once more.

 

Surely without a court order then cannot have this information, they can ask but surely i do not have to agree to it without the courts say so.

 

Please help!!

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Guest alderney1965dk

Hi The Cappuccino Kid,

 

Apparently yes they are as I recieved the letter from them after numerous letters from Provident stating that they would pass the information onto a third party debt collection agency (C.K.Edrupt are Providents in-house Collections team) same offices at least.

 

This is also down to a screw up by Provident who stopped calling to my property from November 9th 2009 to collect weekly payments due to there field agent possibly getting the sack and no word was heard from them again till January 2010.

 

So thanks to a b**ls up on Providents behalf I am left with a debt that was not needed and another debt collection agency plaguing me

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Have you made a formal complaint to Provident about this?

If not do so, this is happening quite frequently, a lot of others on here who are having dramas with provident are doing so because the agent's stopped calling at their address.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Guest alderney1965dk

I tried to complain to provy but they said the onus was on me to contact them as the contract states this. I looked through the contract and it does not state this at all, so I told them that I do not have to contact them just because there collectors do not turn up.

 

I don't see why I should put myself out to tell them that there reps are not calling even though the area manager for our area stated that someone would call, they didn't Surprise Surprise,

 

So I am now left with this debt and another debt collection agency.

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Well as you have read the T&C's and it states nothing of the sort, TELL them, that you want a copy of their complaints procedure, if they continue to stall, then you will complain to the OFT and TS questioning their fitness to hold a credit licence.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Guest Cartaphilus
C.K.Edrupt

 

Soon as I saw that, as it's Provident ... it reminded me of another word ... that looks alike but begins with a C and ends with a t, though. ;)

 

PS I must refrain from being 'naughty' but just jiggle the letters around and you will hopefully see what I meant soon as I saw it, that other word came to me.

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Hi all

sombody I know where dealing with CCCS concerning a couple of debts, part of thier advice was to send copies Income & Expenditure to the creditors and make a token offer of £1 per cal month. Provident/CKEdrupt accepted said offer, and even sent a swipe card to pay a local shop.

;) (The I&E copy was purely one that had been ran past CCCS) ;)

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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Hi all

sombody I know where dealing with CCCS concerning a couple of debts, part of thier advice was to send copies Income & Expenditure to the creditors and make a token offer of £1 per cal month. Provident/CKEdrupt accepted said offer, and even sent a swipe card to pay a local shop.

;) (The I&E copy was purely one that had been ran past CCCS) ;)

 

There is no LEGAL requirement for them to have sight of your I&E, the only time you will ever need to supply an I&E statement, is for a Judge to ascertain your financial circumstances, CCCS advice needs to be taken with a large dose of salt, learning your consumer and Statutory rights is much more beneficial..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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:p Thank you for the slap on the wrist :oops:

 

:oops:That was before I joined this motely crue :D lol

 

;) lesson learnt it will not need slapping again

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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  • 8 months later...

CK EDRUPT cannot refuse your offer of payment,even if after a month you find you can only afford 50p and reduce the payment they CANNOT refuse,they may and probably will sent you snotty letters ,but as long as you stick to your guns they WILL accept,and there is bugger all they can do about it.

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The reply they sent you is cobblers,firstly they go nowhere near the courts to determine the offer,secondly they have no legal right to ask you for your financial details.They will and must accept the offer of £1pm,they CANNOT refuse regardless how many snotty letters they send you. People like this prey upon people who cannot or dare not stand up to them,They soon buckle under when faced with a stubbon punter.

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  • 2 months later...

Just make a direct debit out for £1 p.m .They cannot refuse it no matter what they write to you,they will always bitch about receiving low payments,cos they want the debt paid as soon as poss.SOD EM.They have no legal right to demand a financial statement from you,but if you send one you can always end up with £1 left at the end of the month.

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