help with provident and moorcroft

[steve ball]

i'd taken out loans for 5 years and managed to keep up re-payments.

i then took out another loan, on which i was struggling to pay off, i was then visited by the area manager of provident, tina, who told me i was behind on repayments and i would need to take out another loan to balance the books, or the bailiffs would be calling. i reluctantly agreed. 2 days later brenda the agent turned up. late at night and worse for wear as id been around a friends house, watching football, there she is waving £400 in my face, " this is for you" and we have payed of the balance, after she had filled in the questions herself, even marking me down as the home owner, which i am not and questioned, i signed on the doorstep said good night and went in.

Next morning i realised i now owed not the £600 but £2000 £1000 of it interest i knew nothing about.

I was then made redundant a week before xmas, brenda had stopped turning up to collect, then i received the call from moorcroft

i said the agent hadn't bothered to turn up for months, i was duped into a loan i didn't ask for and told nothing of the interest, least of all being in any fit and proper state to sign anything, they said they'd refer it back to provident. they denied any knowledge of it, said tina had nothing to do with it as brenda's name was on the agreement. i said i'd pay back £1000 but not the interest, there answer was, you have to pay the interest first then the loan.

i now have moorcroft on my back, threatening everything, i no longer live at the address but use it as a care of address, but my ex is now panicking because of the threatening letters, what to do please

[Stigman]

Hi & Welcome to CAG,

 

First of all stop talking to Moorcroft on the telephone, the telephone is their preferred method of contact because the person that you speak to is only employed on minimal wage with collection enhancements so will just basically say near enough anything to get a payment out of you.

You need to keep everything in writing so that you have a nice papertrail.

 

The letters from Moorcroft are just threatograms, if you and your ex-partner read the wording carefully, please note the words used are "May" and "If", the letter does not say "Will".

It is just a letter play on words to psychologically panic.

 

Are Moorcroft collecting on Behalf of Provident? They might be as you said they would refer a complaint that you made back to Provident for their instructions.

If Moorcroft are collecting on behalf of Provident then you can safely ignore them, because Moorcroft are not the owner, they have no legal rights.

 

Have a check of your Credit Files as well, Equifax & Experian are the two leaders, both offer free 30 day access but remember to cancel or your card will be charged up to £14.99 per month.

Noddle is free to use but the third of the Credit Reference Companies, Noddle can be either slow to update or lenders do not use them at all.

 

I would also send Moorcroft a CCA request for the Loans, you need to enclose a £1 postal order, they have 12 + 2 working days to comply, the + 2 working days are to allow for postage.

Template Letter link for the CCA Request is here... http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

If Moorcroft ring you, then refuse to go through DPA questions and just say "In writing only" and hang up, do not go into why, just hang up.

 

Likewise, if anyone turns up, they have no legal powers, in fact the alley cat has more right to be on your property so tell them to leave, if they refuse call the Police and they will remove them on your behalf.

 

Stigman

[steve ball]

thanks stigman

[steve ball]

out of interest, they said if it went to court i couldn't attend, because its not that type of court, i asked what type of court it was then, just where they do paperwork, they said

also i thought you couldn't lend money to someone, already struggling to pay of a loan according to FCA

[Stigman]

Hi,

 

I have never heard of Provident taking anyone to Court, this is mainly because of their high interest rates and high charges that Provident add on as well.

 

Did Moorcroft tell you about not being able to attend the Court by any chance?

You can attend Court. If your ever taken to Court and you disagree with it, you sign into the MCOL site and click that you wish to defend, you submit your defence etc. and this is then automatically transferred to your local Court where you can attend.

 

Depending when your loans were taken out, you most likely took them out when it was under the FSA which were quite toothless so Companies could nearly get away with murder in a matter of speaking.

You can make a complaint to the FCA now about your treatment by Provident, but to be honest although the FCA will record the incident and will have sympathy for you, proving that you were under the influence of drink when taking out a loan will be hard to establish.

I am not discrediting your version of events but I am looking at it from the FCA point of view.

 

Stigman

[steve ball]

received new letter today

account has been passed onto home collections team, by re establishing contact with our head office by telephone, to arrange affordable payment plan.

we would emphasise that if no satisfactory agreement is made with us you may leave us with no alternative but to recommence collection activity

[steve ball]

not really understanding what i need to delete on the letter 77 78 79

also can my ex stop them arriving at her address

thanks

[Stigman]

can my ex stop them arriving at her address

 

Whoever turns up has no right to be on your ex's private property, your ex should tell them to leave, if they refuse then call the Police who will remove them on your ex's behalf.

 

Please note that whoever turns up is self-employed and on a commission only basis, so even if they do leave they will moan about bailiffs this, Court order that, this is only because they have used their fuel & time to then go away empty-handed - oh dear, how sad.

 

Stigman

[Stigman]

not really understanding what i need to delete on the letter 77 78 79

 

Provident Loans will come under Section 77 for a fixed loan agreement.

 

Section 77 is for fixed sum loan agreements

Section 78 is for running agreements (Credit Cards)

Section 79 is for Hire Purchase

 

Stigman

[steve ball]

thanks for your help let you know the outcome

[steve ball]

thanks for your help let you know the outcome

 

i have received a statement, at the end, it says no payment and agents name quite a few times, the it says

WRITE OFF MR A. LAZARUS. does this mean the debt has been written off.

[Stigman]

does this mean the debt has been written off

 

If only lol !

 

What this means is that Provident have sold the debt on to a DCA, Provident in turn will offset your negative balance against their tax liabilities.

 

Your Credit File should also reflect this, Provident should reduce the Balance to zero, place a satisfied marker and will also remove the default, the new owner (the DCA) will open a new account on your Credit Reference File, place the negative balance along with the original default date - the original default date must not change!

 

The new DCA will send you two pieces of paper informing notification of transfer of the debt, one piece will be headed by the new owner of the debt, the other from Provident informing you of the sale to the new owner, both are printed off by the new owner of the debt with Providents full permission to use their Company Letter head for this purpose only.

 

Stigman

[steve ball]

scrawny little man turned up today and posted a letter

it says he called to discuss acc, surely he should of knocked on the door then as i was there at the time, don't seem to be taking much notice is this really going to work

 

The new DCA will send you two pieces of paper informing notification of transfer of the debt, one piece will be headed by the new owner of the debt, the other from Provident informing you of the sale to the new owner

 

i've had neither

Edited April 15, 2015 by steve ball
adding

[Stigman]

scrawny little man turned up today and posted a letter

it says he called to discuss acc, surely he should of knocked on the door then as i was there at the time, don't seem to be taking much notice is this really going to work

 

The new DCA will send you two pieces of paper informing notification of transfer of the debt, one piece will be headed by the new owner of the debt, the other from Provident informing you of the sale to the new owner

 

i've had neither

 

If the person ever returns to your property, please remember that he has no legal powers, is not a Bailiff and is a self employed Collector on a 20% commission basis.

You do not have to answer any questions or even confirm your name, tell him to leave if he refuses call the Police who will remove him on your behalf.

He will leave with threats of Court and Bailiffs but this is because he is self-employed, wasted his time and fuel for no financial return

 

As you stated previously that you have received a statement with a "Write Off" and a zero balance, this would indicate that the debt has either been sold or is in the pipeline.

You need to check your credit reference files to see who is the owner of the debt, £2 postal order for a paper copy or Equifax and Experian do offer 30 day free access via a debt/credit card but please remember to cancel or your card will be charged £14.99 per month.

Noddle by CallCredit is free but is the third least used credit reference agency so the information is either slow to update or accounts are not showing.

 

Did you ever send the CCA request?

 

Stigman