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I am asking for advice on behalf of my Mum.

 

She has substantial loans (about £1,000 each) with Greenwoods and Provident. She is only receiving the basic state pension of around £130 a week, and is currently paying out over half of this to pay these loans back.

 

She recently asked her Provident agent if she could reduce payments, and he said no because her income had not been reduced. He said she had commited fraud by signing the loan form that says she can afford it easily and not cannot afford to pay. Is this true?

 

Also, she recently went to the CAB and they are working to reduce payments towards Provident. However, a few days after that she did take another loan out with Greenwoods. The Provident agent called today but she was not in, he spoke to me and said that she has again commited fraud as they are the smae company. Is this also true?

 

The CAB suggested the debt relief plan to her, would this be something others would reccomend for someone in her situation?

 

Is there anything anyone can reccommend?

 

Thank You very much in advance everyone.

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yep lets start by sending for the paperwork from provi.....in fact if i remember rightly provi were on here priding themselves on the fact that people could reduce payments if they found themselves in difficulty...your mam cant be done for fraud so get that out of your mind immediately...all she has done is borrow money nothing else

send letter below enclose a pound postal order send it signed for let us know when you get a reply

CONSUMER CREDIT ACT 1974

Xxxxxxx

Xxxxxxx

Xxxxxx

Date xx/xx/xx

 

 

 

To Whom It May Concern:

 

Your Reference: Agreement Number:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request. If you intend to send a reconstituted copy of the Consumer Credit Agreement you must declare the reason why it has been reconstituted and if the original still exists and in what form (microfiche) etc

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration of Justice Act 1970, Protection from Harassment Act 1997, and Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

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The imbecile from Provident is talking out of his behind, this isn't fraud by any stretch of the imagination, and IF he bekieves it is, then why hasn't he gone to the Police to report your Mum? EXACTLY!!

Yes Greenwood is part of the Provident finacial group, so have shot themselves in the foot by allowing your Mum to take out further debt to finance the first, irresponsible lending rears it's ugly head again!

 

Complaints procedure I feel is the first point of call, then ask Provident to see a copy of the credit agreement for the provi loan, the beauty of Provi is that they can't add any charges to the loan, so if your Mum is right up against the wall, then tell her to pay ONLY what she can comfortably afford too, even if that is the token payment of £1 a week/month. Provident won't take anyone to court and most certainly not in this case when they have accepted your Mum for another loan, 'irresponsible lending'!

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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Thank You very much for you're help - very kind of you.

 

I will get her to send the letter recorded delivery, and let you know of any future developments.

 

Thanks again.

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  • 2 weeks later...

Hey - me again! :)

 

We have sent the letter, but as yet have had no reply! Once we do get a reply, what are our next moves?

 

Also, Mum recieved a letter from them saying that an agent would not call - yet he arrived just now, she showed him the letter and he got very aggressive. He also accused my Mum of 'bragging' that she had a loan from Greenwoods and can't afford Provident repayments. She hasn't, she was merely telling a friend what had happened - someone who happened to also be a Provident customer. Is this information relevant to the Povident Agent at all?

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prob more relevent is his pocket is not being lined by the payments

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yet he arrived just now, she showed him the letter and he got very aggressive. He also accused my Mum of 'bragging' that she had a loan from Greenwoods and can't afford Provident repayments.

 

Dear oh dear, a nobody making idle threats on someone elses property and doesn't even have permission to be there in the first place.

 

Well I know what I would do, firstly make an immediate complaint to Provident about this mans behaviour, and that you will no longer tolerate the knuckle head on your property in future, if he turns up again you will call the Police immediately to have him arrested for a breach of the peace and harassment.

 

Print a copy of this off and keep it by your front door, then if anyone else darkens your doorstep you can just hand it to the and shut the door in their melon head.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-

 

http://www.thisismoney.co.uk/credit-and-loans/article.html?in_article_id=401707&in_page_id=9

Won't be the first time they have come to the attention of the OFT, so make a complaint to the OFT/TS via http://www.consumerdirect.gov.uk/contact

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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The last thing you or your mum should do is worry, also do not speak with anyone from Provi, (and perhaps not the neighbours either). Your Mums' income and expenditure is her own to do with as she wishes. It is set at 'povety level' so that it is meant to cover essential needs only and certainly not the ridiculous demands of the likes of these people. Did your mum manage to pay off the first provi loan with the loan from greenwoods, or are they both still outstanding, got a bit confused there.

 

Keep everything in writing, and if and when you decide to make an offer of payment, £1 per month is sufficient, and in your mums' circumstances would most probably meet with the approval of a Judge is it went to Court, and they know that, so that is almost certainly not going to happen.

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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what day did you post it?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yea ok

but what date was it sent on?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi guys, new here. I have my own misery with provident but wont hijack this thread.

 

I just want to point out that I have written to Provident/Greenwoods on several occasions and 1 year on, nothing. I wrote to them with a letter to reduce the payments and then several times after that. They have a reputation of ignoring letters because they often can't find the information on the computer or in some cases didn't even know I was a customer, yet they know where to send letters and stuff asking me to sign up to more loans.

 

Anyway, just thought I would mention this as being my experience

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  • 3 weeks later...

Hello guys, I was just wondering if anyone had anymore advice (cheeky I know!) We sent the original letter asking for the agreements and then when they failed to send it within the 12+2 days we then sent the follow up letter. Today, my Mum had another letter asking for payment on the Provident loan otherwise they were going to report her to the Credit agencies etc.

 

Is there another letter that I can send to them to reitterate the fact that they have defulted on the agreement by not providing us with the paperwork in time?

 

Thanks so much! :)

 

Katie

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Did you send the letters by recorded delivery? If not, they will simply say they didn't get them

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Just going back the the 'You have committed fraud' statement.

 

This is a common tatic to scare you into keeping up payments and its not the first time I have heard of a Provident customer being told this. What they are basically saying is 'if you don't pay me I'm telling on you' and that could be a case of blackmail.

 

As already pointed out, this is complete fiction that will never happen. Its just another empty false threat from a spineless debt collector.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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Have you sent the 'in dispute' by Recorded Delivery, and confirm they have received it? If so, you need to quote the OFT Guidelines to them:

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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We sent the original letter asking for the agreements and then when they failed to send it within the 12+2 days we then sent the follow up letter. Today, my Mum had another letter asking for payment on the Provident loan otherwise they were going to report her to the Credit agencies

 

If you sent the CCA request by recorded delivery and they 'failed' to provide the agreement 12 'working' days after they received it, then you should send them http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

Again by recorded delivery, then if they continue to send those threats which I would construe as blackmail, 'pay up or we will report you to the CRA's' then you need to complain to ALL of those employed to police these financial dis-organisations, the OFT/TS/FOS/ICO/local MP/ BBC Watchdog, etc etc etc

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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I sent both letters by recorded delivery - they recieved both and I still have the receipts here.

 

So, I don't need to send them another letter?

 

Thanks so much guys - you have really helped us both, that's over £1000 of my Mum's debt wiped out. Thank You!

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Thanks so much guys - you have really helped us both, that's over £1000 of my Mum's debt wiped out. Thank You!

 

Not wanting to be the bearer of bad news but debts don't get wiped, they will always exist, the fact that they have failed to supply the correct enforceable documents simply means that for the forseeable future they cannot take any legal action to recover the debt, oe. No court action. If & when they find said enforceable agreement they can begin legal action.

The only good thing about provi and greenwoods is that they don't add any charges to the account..

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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