BCW default for provident loan never taken out non existent debt

[bumabear]

HI Guys

 

Hope you can help - my partner just had a look at there CR and has an ok rating apart from a few credit cards and searches and 1 default - thing is

 

the default is with BCW - for an apparent provident debt

 

She called Experiean to find out what the debt was for - who directed her to call BCW - where she spoke to an absolute cretin of a man who by the way was incredibly aggressive, and totally unhelpful.

 

The debt was apparently taken out in 2008 and defaulted in 2009 - however

My partner is foreign - and has only lived in the UK since Aug 2010

She had lived in the UK before in 2001-2002 (working holiday @18 )

 

She then permanently moved over in 2010 - so I fail to understand how she could have racked up a debt for over £1000 without being in the country.

 

When she tried to reason with the guy over the telephone - and asked him what documentation they need to prove the debt is false he literally said "that's up to you" -

 

He will be sending out the apparent original agreement - ( my partner did ask him why he needs to send this out as it is obviously not her, but he is sending it out non the less)

 

My question is - where do we go from here - what type of documentation should we be getting together as proof that she was not here around that time.

 

As a side note - from what I have read defaults stay on record for 6 years - the "account" was defaulted in Oct 2009 - would it just be worth waiting until October for it to fall off ?

 

Any advice you guys could offer would be great

 

Buma

[citizenB]

Wait while this agreement arrives and then you will be able to say for certain that it wasn't your partner - you will also be able to make a complaint to the information commissioner on the basis that - despite advising that it couldn't possibly have been your partner who entered into this agreement - BCW were nonetheless happy to send out another person's information.

 

IMHO, a strongly worded complaint to their Head /registered office explaining why it couldn't be your partner's debt and requesting the default be removed, is in order. You should head your letter "Formal Complaint" and send it via recorded delivery post.

[BRIGADIER2JCS]

HI Guys

 

Hope you can help - my partner just had a look at there CR and has an ok rating apart from a few credit cards and searches and 1 default - thing is

 

the default is with BCW - for an apparent provident debt

 

She called Experiean to find out what the debt was for - who directed her to call BCW - where she spoke to an absolute cretin of a man who by the way was incredibly aggressive, and totally unhelpful.

 

The debt was apparently taken out in 2008 and defaulted in 2009 - however

My partner is foreign - and has only lived in the UK since Aug 2010

She had lived in the UK before in 2001-2002 (working holiday @18 )

 

She then permanently moved over in 2010 - so I fail to understand how she could have racked up a debt for over £1000 without being in the country.

 

When she tried to reason with the guy over the telephone - and asked him what documentation they need to prove the debt is false he literally said "that's up to you" -

 

He will be sending out the apparent original agreement - ( my partner did ask him why he needs to send this out as it is obviously not her, but he is sending it out non the less)

 

My question is - where do we go from here - what type of documentation should we be getting together as proof that she was not here around that time.

 

As a side note - from what I have read defaults stay on record for 6 years - the "account" was defaulted in Oct 2009 - would it just be worth waiting until October for it to fall off ?

 

Any advice you guys could offer would be great

 

Buma

 

 

 

Hi, that's the first lesson learnt the hard way, never attempt to speak to as debt collection agency on the phone.

 

 

Wait for the copy of the agreement before doing anything.

 

 

The default will be removed OCTOBER 2015.

Provident is a "doorstep Loan Company, it is not unknown for this type of loan to be taken out fraudulently by someone who perhaps moves into a property and finds old correspondence in a previous occupants name.

 

 

The agreement should reveal all.

 

 

When it's received come back to the thread.

[dx100uk]

surely compensation is inline here if it can be proved its nothing to do with the OP?

wrongful default

damage to credit profile

 

 

dx

[havinastella]

I doubt they will send you the agreement.

 

You should send the CCA request to make sure you receive it.

[BRIGADIER2JCS]

surely compensation is inline here if it can be proved its nothing to do with the OP?

wrongful default

damage to credit profile

 

 

dx

Certainly is dx.

[bumabear]

Brilliant guys - thank you, I will report back when agreement has been received

 

Buma xo

[bumabear]

Hi Again

 

Every one

- still have not received any credit agreement from BCW

- my partner called this morning to ask them where it is

and apparently the account is on hold whilst they get information from provident.

 

We then called provident to find out what the original date of this debt was

- and the woman told me that there is literally no info regarding this debt on their systems

- she could put a request in for the paper work

but likely hood of this coming through is slim as it was all paper back then ? ( no sure what this means )

- she did tell us though that it was sold to BCW in 2012

- ( BCW then added a default to my partners CR)

 

What is the next step ?

would she write to provident or BCW to get this removed or would she SAR provident first ? -

 

 

when we look at her credit report it looks like no payment has ever been made on this debt with it being taken out in 2008

- so surely this would then be statute barred ?

 

 

would it not be easier to get the debt removed based on it being statute barred ?

 

 

or does that just removed the debt and the default but not the creditor ?

 

see attached screen shot of report

[bumabear]

Actually just noticed that BCW did not add the default it was provident as it was sold on in 2012 and default added in 2009 - so what would the next step be ?

[BRIGADIER2JCS]

Actually just noticed that BCW did not add the default it was provident as it was sold on in 2012 and default added in 2009 - so what would the next step be ?

The default date must always be the one the original creditor placed.

 

 

No agreement no pay. No contact until an agreement is supplied or it is confirmed one does not exist.

 

 

Stay Off The Phone, in writing only.

[bumabear]

Thank you BRIGADIER2JCS what would the next step be ?

[BRIGADIER2JCS]

Thank you BRIGADIER2JCS what would the next step be ?

Do nothing until an agreement is found or it is confirmed "unavailable".

[havinastella]

Do nothing until an agreement is found or it is confirmed "unavailable".

 

Unfortunately this won't help the OP with a default against her name when the debt is not hers Brig.

 

You need to escalate this to the CRA's and the Data controller at BCW.

 

I would also start thinking about suing them.

[BRIGADIER2JCS]

Unfortunately this won't help the OP with a default against her name when the debt is not hers Brig.

 

You need to escalate this to the CRA's and the Data controller at BCW.

 

I would also start thinking about suing them.

 

 

Bit early for suing, not enough evidence gathered yet.

 

 

When the CCA request is rejected or is out of time a Letter Before Action to all concerned will I think achieve more jogs.

[dx100uk]

STOP USING THAT PHONE!!

 

 

never ever phone a DCA or their fake/tame solicitors!

 

 

dx

[bumabear]

Ok...

 

so we are sending a CCA request to both Provident and BCW - with the £1 fee and waiting 14 days for a response? if no response after 14 days - send a Letter before action with another 14 days ?

[dx100uk]

to whomever is chasing you for money

 

 

dx

[BRIGADIER2JCS]

Ok...

 

so we are sending a CCA request to both Provident and BCW - with the £1 fee and waiting 14 days for a response? if no response after 14 days - send a Letter before action with another 14 days ?

I would suggest 7 working days on the LBA.

 

 

The time scale for the CCA request is 12 + 2 WORKING DAYS ( discount weekend and B Hols.)

[bumabear]

Hello again

 

so the original "credit agreement " came through today - and has some interesting information -

1. the address on the credit agreement does not match the address on the default on the Credit report -

2. and the date the agreement was signed was in 2007 so a year before- the provident debt on the Credit report -

3. the debt on the agreement is also for £350 and according to exeprian the debt amount was for £950.

 

So we are very confused ?- the only thing I can think of somehow my partners report must have got mixed up with someone else's ?

does this happen ?

 

 

oh and signatures are totally different to my partners signature - but the same name, again just a reminder my partner came to the UK permanently in 2010.

 

what do I do next ? - I was thinking of sending them screen shots and telling them to removed the default within 14 days - or I will be suing ?

[BRIGADIER2JCS]

Hello again

 

so the original "credit agreement " came through today - and has some interesting information -

1. the address on the credit agreement does not match the address on the default on the Credit report -

2. and the date the agreement was signed was in 2007 so a year before- the provident debt on the Credit report -

3. the debt on the agreement is also for £350 and according to exeprian the debt amount was for £950.

 

So we are very confused ?- the only thing I can think of somehow my partners report must have got mixed up with someone else's ? does this happen ? oh and signatures are totally different to my partners signature - but the same name, again just a reminder my partner came to the UK permanently in 2010.

 

what do I do next ? - I was thinking of sending them screen shots and telling them to removed the default within 14 days - or I will be suing ?

 

 

Hi bumabear.

 

 

The document supplied can be rejected as incorrect.

 

 

Just write back (without any screenshots or other information) and state that the alleged agreement and the detail in it does not match the data you have on file and is therefore refuted and no liability for the alleged debt is acknowledged.

 

 

 

 

It's up to them to prove the liability for the debt and they have clearly failed.

[bumabear]

Thank you Brig

 

In the letter I send them do we tell them to remove the default ? -

[havinastella]

Thank you Brig

 

In the letter I send them do we tell them to remove the default ? -

 

Oh yes.

[BRIGADIER2JCS]

Thank you Brig

 

In the letter I send them do we tell them to remove the default ? -

Hi let's wait to see what they come back with, hopefully it will be as wrong as this " agreement".

[Jam_Buttie]

Would love an update on this..!

[bumabear]

Hi Jam_Buttie

 

We still have not had a response from them - its be a week over the the 14 days since my last letter - We have received another letter from BCW - urging the other half to call them urgently ( no date on the letter or anything) on teh advice of the above posters we haven't called either only in writing ( we're leaning lol)

 

I'm getting ready to send them a letter before action - just doing some more research as to what to put in it.

but literally not a peep from provident

 

hope this helps