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    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Me vs Provident Credit & C.K.Edrupt !! HELP PLEASE !!


Guest alderney1965dk
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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

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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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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.:)

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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:

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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) ;)

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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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  • 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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