Provident Loan(s)

[fletch70]

I have an outstanding loan(s) with provident that were part of my DMP but not had a payment since sometime 2011.

 

It has been thru Edrupt , Network Credit services then BCW who offered me a 50% discount.

 

Today I received a NOA from Provident to BCW although it was a bit of an odd one. Normally NOA's say things like data controller etc but this was just BCW now own your debt etc.

 

It is £898. Are BCW proactive as per Lowells , any ideas what to expect?

 

Thanks

[unclebulgaria67]

Apparently BCW will now go ahead with enforcement more than they did a few years back.

 

Even if the account was taken out after April 07, you might consider sending a CCA request, for which they should send you a copy, plus a statement of account. If they failed to comply with the CCA, for an account taken out after April 07, it will not stop them enforcing in court, but it might be helpful.

[fletch70]

Thanks, I wasn't sure of their M.O.

TBH they can do what they want as I have nothing to give . It would be rather nice of them to roll them all together and issue a SD but I doubt that will happen.

 

I had thought about a CCA request because if they can't manage an accurate recon then they will be a little stuffed

 

No doubt I will first of all go through the phone calls etc but I can see them off over that

[Jam_Buttie]

BCW send out pretty letters with nice colours - think they got new crayons from Santa.

 

Either ignore them, or offer them £1 per month to be reviewed in three months time. Have some fun.

[fletch70]

Well the chance of me offering a payment without being forced is about the same as hell freezing over. I do have a selection of their pretty letters when they were acting as agents .

 

All input gratefully received

[fletch70]

Hi

I have three provident debts totalling 898.50.

 

These were last paid in early 2012

 

Since then they have been to their solicitors and

then BCW for collection.

 

BCW have now bought the debt.

 

Obviously they were fixed term loans which are expired now

 

however I have never had a default notice just a notice of sums in arrears (once)

 

BCW have sent me a formal demand and

 

now a letter saying pay up or we will consider our options

 

which include applying for a CCJ and what would happen if a CCJ was granted and payments not made.

 

Anyone got thoughts on what to do next,

 

keep ignoring,

 

cca request (seems pointless) .

 

No point in a Sar as I know the balances are correct

 

just no money to pay

[theoldrouge]

ccj granted- warrant of execution, attachment of earnings, charging order would be most common methods of enforcement. Personally, I would continue to ignore under the circumstances if no property involved

Edited March 4, 2014 by theoldrouge
additional sentence

[dx100uk]

so the debts have been merged and sold to BCW?

 

provi rarely issue DN's.

 

were these doorstep loans?

 

the fact that you've not received NOSINS on all three debts every 6mts

 

I think breaks the regulations now too?

 

dx

[fletch70]

Hi dx

Yes they were doorstep loans and have been sold as one lump sum.

 

You made me think and I will have to check records about sums in arrears etc. Will gat back to you on that.

[fletch70]

Checked my online records and it seems the last statement and notice of sums in arrears was in 2012 . There are definitely 3 accounts that have been rolled up into 1.

I will check my paper copies tomorrow but I am pretty confident that everything I have has been scanned in date order .

 

Cheeky thought , what does anyone think (or should I wait)

 

Send a S77 request to BCW under the one account number they gave me with a P.O for just £1 . They will never be able to produce an agreement with those details on and I know that it could be a recon as they are from 2008 but they still need to be true and accurate don't they

[PaulW922]

I would be careful here.

 

BCW does not need to produce a single agreement.

 

It is quite permissible to add the debts together.

 

They would need to produce the three agreements and given the loans are not that old

- Provident may well have loan agreements from 2008

- they may well do that.

 

If they take you to the county court you can argue that they didn't contact you before, or send statements etc but that does not mean you will not have to pay in the end.

 

Really, only you can decide what to do. You can hold off for now and see what happens, but I would suggest it would be a good idea to be prepared.

[Bazooka Boo]

You could send them a CCA request using the new acct number, and see if they produce anything?

 

Are all the loans from 2008?

Do they all have the exact same T&C's including %rates? OR did one loan differ from the next?

[fletch70]

BB i honestly can't remember if they were all the same. I think i will hold the cca request in reserve for now. As they are the owners providential may not be that quick to dig out the agreements and i am pretty sure that one combined recon would not comply.

Paul thanks for the warning. Not even a court can get blood out of a stone so we will see what happens.

[dx100uk]

when you rolled

 

I bet they immediately took an £xx payment

 

that in most cases makes the agreement rather dodgy as you SHOULD have a 14days cooling period

 

dx

[fletch70]

Thanks DX

Yes when I reloaned they took the outstanding balance off what they gave me if you know what I mean.

[citizenB]

Do be very careful - having rolled the loans into one debt that is above the Bankruptcy threshold of £750.00, they COULD issue a statutary Demand.

 

Do you own your home or have any other valuable assets - if not, then I suspect they wont issue an SD.

 

Are these your only debts or do you have others ?

 

As already advised, these loans are not very old and were entered into after the regulations were changed, so any chance of challenging the agreements, unless Provi really screwed up, will be minimal.

[Bazooka Boo]

Yes I did that a couple of times with the bank, retake out a new loan to pay off the old one with a bit to spare.

[dx100uk]

Thanks DX

Yes when I reloaned they took the outstanding balance off what they gave me if you know what I mean.

 

did they take a payment for the new loan as well as paying off the old balance?

 

dx

[fletch70]

Slight delay sorry

 

No when they paid out the new loan they just deducted what was left on the old loan and then I paid the following week

 

I have sent a CCA request off to BCW and so far heard nothing back

[fletch70]

Well finally had a S78 response.

 

I am interested in what people think of this.

 

The cover letter has no balance on it and the unsigned statement (the other 2 are the same)

 

show a balance of £0 because of a write off .

 

I believe that I have read that if they get the balance wrong to the debtors credit

then they are stuck with it and can not change it.

 

Any thoughts?

[Bazooka Boo]

Any chance you could scan and post it up?

[fletch70]

I can't because they limit the size of my attachments mean people lol. I will email it to someone and ask them to post it up

[BRIGADIER2JCS]

Well finally had a S78 response.

 

I am interested in what people think of this.

 

The cover letter has no balance on it and the unsigned statement (the other 2 are the same)

 

show a balance of £0 because of a write off .

 

I believe that I have read that if they get the balance wrong to the debtors credit

then they are stuck with it and can not change it.

 

Any thoughts?

 

 

 

I believe that the ICOs views on what, and when accounts can be reported , removed from, amended on credit files is now that the creditor( in what ever form) can it change anything shown on CRA files, correcting a "balance" on an entry would certainly be allowed.

 

 

(information received from a call made personally).

[fletch70]

Hi Brig

Thanks for the input but I am not querying what is on the CR file. My point is that the statement of the CCA request says the balance is £0 . As such I think they would have an issue with it should they try and enforce. Of course to enforce it should be worth their while and as you know with me it's not

[fletch70]

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