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    • Not sure if the above issue is covered in this group but if so I am after some advice.   My Dad is in his late 90's and on his death leaves everything to my Mum, also in her 90's but housebound. It is our intention and the request of Mum that when Dad has passed that the property she is currently living in is sold, we sell our property as well and we purchase a property with an annexe and self contained toilet / shower facilities where Mum could live out her days with us. There is no way on this Earth that she would go into an old folks home and it's certainly not on our agenda. Our daughter is their registered carer who currently looks after them.   Mum's Will as it stands at present states that I inherit her estate on her death.  She is talking about transferring the property she  currently resides in to me so that I can handle the sale of both properties. As her Will currently stands, the property she is living in will have already been sold so the Will won't be applicable. Could she change her Will now to state that on Dad's passing her property passes to me or can she gift the property?   The simple thing would be for Dad to change his to state that the property transfers to me but he is currently suffering with dimentia. He hardly knows what day of the week it is and gets very confused and agitated.   Any advice would be grateful. Thanks
    • One very useful admission to obtain from them in a recorded call would be to get them to admit that they hadn't informed you in advance as to the cost of the car rental. So for instance – "I'm just calling to find out what the cost of the car rental is because when you first approached me, it wasn't explained. I'm just want to find out so I can start arranging to pay how much I owe you." Something like that. The point is somehow or other to get them to acknowledge that they hadn't told you the rate at the time. It's an implied term of any contract the services that where no price has been agreed – then a reasonable price will be implied. Clearly you are not being asked to pay a reasonable price
    • Just to add, if you can start recording your calls then telephone conversations might be very useful because you may well be able to steer the conversation into some useful admissions. For instance, you might be able to get them to refer to the earlier conversations and what was said in them. This kind of thing would be gold dust. I think you can see that you have been tricked by aggressive salespeople – and it's up to you to start becoming a bit aggressive and assertive – and tricky – yourself.
    • Also, SAR to everyone else. I've already asked you to do this on the other thread. Also, no more phone calls unless you have read our customer services guide and implemented the advice there. Follow the customer services guide link or else click on it as it passes through the running banner at the top of the forum page
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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42 Provident doorstep loans - dismissing IRL claim?


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Hello, i have been helping a friend out who has Provident loans.

He has had for years, so I gather.

 

He has always worked but over the last year in particular is drowning with the debt, whilst paying what he can.

 

Like a idiot last summer he even took 2 loans out with Satsuma to get through

- and since defaulted on these.

Provident hasn't been defaulted to date.

 

I wrote off to Provident for him and complained about irresponsible lending as he's sure loans were paid off by taking new loans in most cases.

 

After a couple of days a letter came back dismissing he's claim and saying since 2006 he had 42 loans although they say since 20 were looked at and as most were over 3 years there's nothing to investigate.They also said they would send a full SAR.

 

I can't find a lot online regarding Provident irresponsible lending and wondering if its worth now complaining to the Ombudsman.

Edited by dx100uk
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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Back again...

 

Provident, came back as expected and rejected his complaint and said if your not happy you can complain to FOS....

 

Eventually he received this week all his statements.

I have looked back over the last 6 years only (I assume looking around thats all he can complain about)?

 

In the last 6 years he has had 23 loans,

4 are still active - in arrears -

and the other 19 had all been settled early to take a new loan and it looks as though the amounts of the new loans are higher each time.

He had 42 loans actually over the last 10 years.

 

Whilst i can see people have complained to the FOS

- i can't see any template letters I can amend and use?

Edited by dx100uk
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should be an example in the IRL guide

 

should be an easy win through the fos as this was refinance on refinance...

and I bet each time they took a payment within 14days too

 

just send them everything you have now

might be best to scan the lot to PDF and send them the paperwork all on a cheap penstick

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 1 year later...

open

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks DX. 

 

Just thought I would update the thread.

 

After all this time, and out of the blue the FOS adjudicator have sent a letter with there decision and written to Provident to confirm their findings, and upheld the claim on unaffordability.

 

they have said 35 of the loans were unaffordable and should not have been issued.

They have told Provident to refund payments and 8% interest from 2011 on these.

They have given Provident 2 weeks to either accept or come back with any evidence against their ruling and forward to the ombudsman if needed.

 

This is the first we heard after the complaint was made, and no bank statements were asked for.

 

I have no idea how much the 35 loans were for, but estimate around £20,000.

And given that Provident interest rates are normally the same again - its a lot of money.

 

Has anyone else got to this stage and had the claim accepted or rejected by Provident?

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well they can't argue really 

as they've been reprimanded and fined by various authorities like the FOS/FCA etc etc so many times now, it was all but a done deal.

 

however , you are not quite reading the outcome right...

it states? Payments made + 8% from the date of each payment till today

so that's not at provi's loan int rate, and you wont get back ever what you didn't payback anyway.

but at 32 loans, that should be quite a sum.

 

have you all the statements showing the payments on the 32 they ruled on?

as you could have a very good stab at exactly what the refund will be.

of which you SHOULD do that anyway, to check they get it right.

 

so do you have that info?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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All payments were upto date and loans all paid off so thats one good thing. Loans were back to 2008 - not 2011 as I thought.

 

I underatand that the actual loans paid out arent included...payment back will be the interest paid plus 8% interest?

 

So we are going to try and workout from paperwork over the weekend. What I do know loans varied between £500 and £2500. Also weekly repayments were around £100 a week for around 6/7 years so thats 5k a year.

 

 

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the matter of what interest was charged on the Loans is inconsequential .

 

As you say, the loans ran their course and were paid off in full, so the interest charged will, obviously be part of the payments paid .

however, but not in your case, should there be a balance left on a loan, be the interest or not, that would not form part of any refund.

 

so use the statint sheet above

enter EVERY payment made on each of the loans (I suggest ONE statint sheet per loan)

the spreadsheet will automatically calculate the 8% due back for you.

BUT, you MUST enter each payment on the day it was made, individually.

 

dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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