Hi new on here

[Kevin Stephens]

I wonder if you can help.

My partner has had two loans from the Provident,unbeknown to me.

The first was on the 5/12/08 and 5/06/09.The first for £600 and the second for £400.

She has been paying them but then got into difficulties.

Because she didnt tell me I didnt know how much she got behind until letters started appearing.

This has caused many arguments between us.

Moorecroft have been involved and I agreed with them via my partner that £30 a month would be paid off what I thought was one debt,the first one for £600.We paid a one off goodwill payment of £10 and started to pay the £30 as agreed.In total I think it must be around £130 which has been paid.

A couple of days ago my partner got a letter from Provident showing a second demand for payment of the second loan,which I was unaware of.

Moorecroft from the statement have taken £12 £2.40 £12.00 £4.00 £12.00.All at differrent dates which begs two questions what has happened of the £30 paid as agreed and have they split the payment over the two loans.

This isnt what was agreed.If anything the agreement was for £30 to be paid off the total sums and not one,if that is what has happened.

I have called the Provident and had a major row with them and asked if the debts had been sold on to Moorecroft.

I was told it had been passed over and after much pushing from me the manager said no.

I then questioned why Moorecroft were collecting the money if it hadnt been sold on and I was told to contact them for further information.I was also told they can pass it on to a debt recovery service,which I challenged as the contract is with Provident and not Moorecroft,hence not wanting to tell me if it had been sold on.

I have asked them to show me the following,

Validation of the debt (the actual accounting)

Verification the claim against my partner

A copy of the contract binding both parties.

I was told by the manager that they would send out to me the documentation.

We recived a letter and the two photo copied agreements with an apr of 189.2%!!!!!

The letter stated that the monies paid would be split between the two debts.

How nice of them to do this with out my partners permission.

They have also said I contact them by phone or by writing and that I can contact the FOS.

I have had a conversation with Moorecroft and told them we are in dispute with Provident.

Now I want to write to Provident and demanding what I originally asked for as a tatty photo copy doesnt constitute what Iam asking for and also I want to know if they have sold the debt on thus nulifying the contract.Also the extorinate APR is a disgrace.

Does everyone on here think I have a case or should I be careful inn how I go about this.

They are the ones who have been dishonest in the fact that an agreement had been reached to start paying off the debt but then split the payments with out my partners say so.

 

Cheers

Kev

[MARTIN3030]

Welcome to the site.

They are entitled to reconcile 1 payment to cover 2 accounts,but you are also entitled to know what you are paying and where the payments are going.

I suggest sending provident a request under the Consumer Credit Act for a copy of the statement of account for both accounts.

A statement showing payments made.

Details of interest added.

Copies of the original signed agreements.

Copies of ant default notices.

You need to send the fee of £1 per account.

If you want more indepth info then I suggest in addition sending a full SAR to include;

 

Copy statements for the whole period of account from start to date.

Copies of any communications between third parties.

A list of third parties instructed to collect giving details of the dates they were instructed.

Copies of communications sent to you.

 

Its unlikely that provident have assigned these accounts,and instead Moorcroft will have been instructed to collect.

Provident are equally liable and responsible for the actions of any agents they appoint to deal on their behalf.

I suggest that you write to Moorcroft and inform them that you have made requests to provident.

Up to you whether to maintain your payments,if you are able I would do so.

Ask Moorcroft to send you a copy of their complaints procedure.

Keep everything in writing and ask they do the same.

Would be a good idea to check your credit files to see whats recorded there.

Send the letters by recorded delivery and keep copies-good idea to keep everything together filed.

[Kevin Stephens]

Thanks a lot to take in.

[Kevin Stephens]

Is there a template letter on how to word this ??

[clueless1]

cant find one

[Conniff]

You say "They have taken payments...." so how is this being paid ?

[silverfox1961]

Thread moved to debt Collection Industry

[coledog]

Link to CCA request letter, you will need to adapt it to request the additional items Silverfox has suggested

CCA Request

CCA letter to send with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute and this should stop them contacting you.

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

Account in Dispute letter

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[Kevin Stephens]

You say "They have taken payments...." so how is this being paid ?

 

We phone Moorecroft and pay normally by debit card.

[Kevin Stephens]

Many thanks

[Kevin Stephens]

We have had a photo copy of the agreements from Provident does this constitute a true copy?

However there is nothing in writing about what was agreed with Moorecroft over the phone of payment of £30 a month.

They are a third party in my eyes and have either brought the debt or it has been handed to them by Provident.

Do I send the letter above or adapt the others.

Sorry for being a pain.

[MARTIN3030]

We phone Moorecroft and pay normally by debit card.

 

Its not a good idea to give a DCA your card details.

[Kevin Stephens]

Why?

[Kevin Stephens]

The debt is not mine I paid it on behalf of my partner,if they take any money out of my account with out my express permission they will be acting fraudulently,surely?

[MARTIN3030]

Cases where unauthorised amounts have been taken from people who have given their card details have been reported on this site yes.

[Kevin Stephens]

Oh my gawd better keep an eye on this then,thanks for the heads up.

[coledog]

It is always recommended that you make any payment to a DCA using a Standing Order or Internet payment set up by you. Card payments and Direct Debits can be abused and have been

[Conniff]

It's virtually impossible to stop dd card withdrawls. You can either ask for them back via chargeback, hard work as you authorised by giving them the card number, or better still, lose the card and ring the bank so you get a new card with a new number.

[Conniff]

We have had a photo copy of the agreements from Provident does this constitute a true copy?

However there is nothing in writing about what was agreed with Moorecroft over the phone of payment of £30 a month.

They are a third party in my eyes and have either brought the debt or it has been handed to them by Provident.

Do I send the letter above or adapt the others.

Sorry for being a pain.

 

 

As regards Moorecroft, you are in charge here not them.

 

First check the amount owed to the creditors and then the amount that Moorecroft want. You dictate how much you can afford to send them. If it's only £10 per month, then that is what you should tell them is all you can afford and make that amount each month. They will drip that it's not enough, that's their problem not yours.

[citizenB]

A lot of companies, including the Provident use Collection agents to do the admin on collections.. So it is unlikely that your account has actually been assigned or sold.

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.