Me V Provident / Moorcroft

[letsdothis]

Hi all

 

A little advise and direction if possible?

 

A few years ago I borrowed some money off Provident, of which I was under the impression (as I was told by my OH) that it had been paid off. I have since had a letter off Moorcroft regarding an alledged balance, which is at least 10 times the amount that I know I signed for.

 

In March 2010 I CCA'ed them and have heard nothing since. I understand that they had 12+2 days to comply. I also understand that they should then be allowed a further 30 days to show willing on my behalf.

 

Neither of the 2 deadlines have produced any results, and so today I rang them. They confirmed that the account has been put on hold and that they are still awaiting for the information that I requested to be sent to them from Provident.

 

The thing is, where do I now go from here?

 

I am perfectly happy to pay off a proportion of the money that I have borrowed less any payments that my OH made, with some interest being accounted for, but obviously, I am definitely not happy to pay more than 10 times the original amount that we borrowed.

[MARTIN3030]

Under a request using the Consumer Credit act,you are entitled to see not only a copy of the original agreement,but also any assignment proof,a statement showing the balance owed and details of payments made,fees or interest added too.

 

When does the loan relate to ?

 

Keep everything in writing.

 

Have you looked at your credit file recently ?

If so is there anything there and what ?

[littlefatbudha]

Have moorcroft stated that they own the debt ?

As they are taking the mickey by adding all these charges, then i would not pay a penny.

Place the account in dispute as they have failed a lawfull request under the CCA, once in dispute, they cannot take you to court, and if they do, this is a solid defence.

No doubt you will get a letter from moorcroft, stating that this has been passed back to their client.

Then it all starts ag

[MARTIN3030]

Maybe worth sending a subject request to Provident seeking full disclosure-which would include copies of payments made and whether they still own this account.

[letsdothis]

Under a request using the Consumer Credit act,you are entitled to see not only a copy of the original agreement,but also any assignment proof,a statement showing the balance owed and details of payments made,fees or interest added too.

 

When does the loan relate to ?

 

Keep everything in writing.

 

Have you looked at your credit file recently ?

If so is there anything there and what ?

 

Hi Martin

 

I did use the standard template letter, confirming what you have stated being asked for.

 

The loan relates to a doorstep Provident person lending us some cash and then collecting weekly. It was in my name and my wifes iirc - Although I am being chased for it.

 

As for the credit file. No in all honesty, I did ask Moorcroft if they have added anything to my CRA and they confirmed that they haven't. I should probably check to confirm this I guess.

[letsdothis]

Have moorcroft stated that they own the debt ?

 

Acting on behalf of Provident, alledgedly

 

As they are taking the mickey by adding all these charges, then i would not pay a penny.

 

Moorcroft categorically deny adding any charges.

 

Place the account in dispute as they have failed a lawfull request under the CCA, once in dispute, they cannot take you to court, and if they do, this is a solid defence.

 

Thank you for that, any advice on which template to use?

 

No doubt you will get a letter from moorcroft, stating that this has been passed back to their client.

Then it all starts ag

 

No worries, used to it now, thanks again.

[letsdothis]

Maybe worth sending a subject request to Provident seeking full disclosure-which would include copies of payments made and whether they still own this account.

 

Will do - Thanks again. Is there an ideal template to achieve what you have mentioned?

[MARTIN3030]

Give me a few minutes.

[littlefatbudha]

6 guests

[MARTIN3030]

Data Protection Act 1998

 

 

 

Subject Access Request

 

Account Number; In the name of;

Dear Sir/Madam

 

Please supply me with copies of the following,in relation to the above account.

 

1. A copy of the original signed, executed credit agreement and any terms and conditions that applied to the account at the time the account was opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

 

3. True copies of any notice of assignment and/or default notices or enforcement notice that you have previously sent to me,or claimed to have been sent to me.

 

 

4. Details of any collection charges added to the account specifically, the date they were levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover.

 

5. Specific details of any other fees/charges levied.

 

6. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

7. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement,and a statement showing payments made.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

If any of the documents requested have been destroyed,please advise on the date,the method used,and who was responsible.

If you consider any of the documents requested to fall under disproportionate effort,please indicate the reasons.

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you previously used to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

 

 

 

 

Print name.

 

 

 

 

I suggest sending a copy of drivers licence/passport and utility bill with any sigs blocked-this saves having to send should they request it as a stalling tac.

[letsdothis]

Excellent, thank you.

 

I have added to my letterhead and changed 9 and 10 to 8 and 9 as number 8 appears to be missing.

 

Recorded Delivery, off to them tomorrow.

[MARTIN3030]

Good-yes it was my tinkering with an existing temp-but you should be sorted with this.

[letsdothis]

Good-yes it was my tinkering with an existing temp-but you should be sorted with this.

 

 

No worries thanks for taking the time to do so, it is very much appreciated.

[letsdothis]

After sending them the CCA request and also the letter in dispute, Moorcroft have now bottled out.

 

They have sent me a letter saying that they are no longer dealing with it and to contact the OC - They have also sent me a cheque for £1 to cover the cost of my CCA fee.

[letsdothis]

Had an interesting conversation with Provident, on their freephone number of course.

 

Apparently I have topped this loan up at least 7 times over the last 5 years or so. This is totally not true, as I have only ever had one loan off them once, and that was over 4 years ago.

 

They have apparently written off all of the so called loans that I have ever had now, and confirmed that I do not owe them a penny. I am just awaiting confirmation in the post.

 

I wonder why they have now gone from saying that I owed £3k to ZERO if they genuinely thought that I had taken out 7 or 8 loans over the last few years. One thing is for certain though, I only ever signed once for the initial loan, so maybe they have just realised this fact and written it off to stop me taking it any further?