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Provident debt... agent dishonest?, can i take them to small claims court. ** SETTLED OUT OF COURT **


shooter67
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You can start your claim on line by using MCOL (Money Claim on Line) shooter.

 

Don't submit your claim just yet until I have had time to look and consider and propose a possible P.o.C.

 

Regards

 

Andy

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Thanks, i know this as i have replied to this letter ( please see my other attached files), but i do not know what action to take next, as the 14 days i gave in my letter before action ( attached file, pr5 ) has now ended, i have had no reply from Provident, only a letter from their collection agency requesting full payment within 14 days.

Please someone advise me as to which course of action to take next, thank you. Sorry, but unfortunately the files below have not uploaded in order, please view in order 1 to 5.

 

 

Hello shooter67

 

Downloaded your attachments here and reviewing/perusing the same, revert to you in due course thereon.

 

Kind regards

 

The Mould

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The letter dated (do not know date) from Provident demandingfull payment of outstanding payment is a clear and unequivocal termination ofthe extant agreement between you two parties to the same, this actuallyconstitutes repudiation thereof by provident which provides you (as the innocent party) with a remedy under Englishcontract law for their fundamental breach of contract, that remedy being anacceptance by you of their said repudiation of contract, thus, rendering thesame as abandoned, therefore, your obligations thereunder are discharged.

Put the above to provident and await their response to the same. It appears that their agent is dishonest,provident are, as a matter of law (English law, that is),legally responsiblefor all and any actions/decisions undertaken by their agents.

Kind regards

The Mould

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You can start your claim on line by using MCOL (Money Claim on Line) shooter.

 

Don't submit your claim just yet until I have had time to look and consider and propose a possible P.o.C.

 

Regards

 

Andy

 

ok will wait til you get back to me, thank you.

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You can start your claim on line by using MCOL (Money Claim on Line) shooter.

 

Don't submit your claim just yet until I have had time to look and consider and propose a possible P.o.C.

 

Regards

 

Andy

 

Godzilla andy:-)

 

Kind regards

 

The Mould

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Sorry to sound stupid, but could you please explain what this means, as i'm not too sure, & i dont want to make myself look stupid by sending something to them that i cant explain in court. Thanks.

The letter dated (do not know date) from Provident demandingfull payment of outstanding payment is a clear and unequivocal termination ofthe extant agreement between you two parties to the same, this actuallyconstitutes repudiation thereof by provident which provides you (as the innocent party) with a remedy under Englishcontract law for their fundamental breach of contract, that remedy being anacceptance by you of their said repudiation of contract, thus, rendering thesame as abandoned, therefore, your obligations thereunder are discharged.

Put the above to provident and await their response to the same. It appears that their agent is dishonest,provident are, as a matter of law (English law, that is),legally responsiblefor all and any actions/decisions undertaken by their agents.

Kind regards

The Mould

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It means, if the creditor has abandoned a contract that you are honouring under a live agreement with him, then you can also abandon your obligations under the same contract.

 

It would apprer that the agent in this matter is dishonest as to to the entries made by him in respect of the payments made by you, therefore, you have legal grounds (justification) to challenge his unlawful actions.

 

Kind regards

 

The Mould

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  • 4 months later...

This is very good news indeed. I have amended your thread title to show this has been resolved.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well done shooter...delighted that this has been resolved.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • dx100uk changed the title to Provident debt... agent dishonest?, can i take them to small claims court. ** SETTLED OUT OF COURT **
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