Provident personal Credit sent this CCA in response to my request

[dizzyhead90]

hi discod what was the name of the solicitors my guess is it is scare tactics was the cca properly signed by you and did you sign a request to call 24hours before getting the loan if not they have broke the law not supposed to even discuss a loan unlees request to call is signed write to them if you did not sign form and tell them they broke the law and you are going to report them to trading standards andthe oft if worst comes to it they have to accept what you offer them how much was loan for just put down what you were paying i will know from that wont take you to court but get some one to look at that agreement how old is loan

[dizzyhead90]

hi again discod when you took out the loan did the agent wait seven days before collecting your first payment and did you get a letter in that time saying that you could cancel the loan when you sign for credit at home you have to be given seven days cooling off before you get the money if not this makes your credit agreement unenforceable and did they send you out a statement of account with the cca should have been with it

[discod]

heya i am going to go through the cca tmorw but as far as the loan is concerned i started with provident years ago,then id ring my agent or go to her house and ask for another,she would produce another form,get me to sign it and hand me the money simple as that.had no witness (dunno if ud need one)but went that way for around 6 years

[dizzyhead90]

hi discod did u sign agreement in agents house or did she come to your house as they are a home collected company to make the agreement enforceable the loan must be signed at your home address it is scare tactics using the solictors

[discod]

no the loans were signed for in her house in her kitchen to be precise,i can describe it even the front room too,how would i prove it or how now would i follow this solicitors letter xxx

[discod]

[dizzyhead90]

hi discod what are u confused about

[dizzyhead90]

hi discod write to provident and tell them that you consisder your agreement to be unenforceable because (1)no request to call form was signed 24hours before you were issued credit (2)the credit agreement was not legally binding as it was not signed in your home but in the agents home look at your agreement and make sure the charge for credit was written down clearly by the agent and it is actually your signature tell them you are goung to report them to the office of fair trading and trading standards as you consider them unfit to hold license do not sign your name print it signatures can be copied remember they have to prove you owe the money good luck

[discod]

thanks Dizzy I will do just that thanks for your advice,should I send an account in dispute letter to the solicitors also?? thanks x

[dizzyhead90]

hi discod would not do them any harm good luck with them did u get a good look at the agreement if u offered them apound a month they would have to take it

[discod]

hi discod write to provident and tell them that you consisder your agreement to be unenforceable because (1)no request to call form was signed 24hours before you were issued credit (2)the credit agreement was not legally binding as it was not signed in your home but in the agents home look at your agreement and make sure the charge for credit was written down clearly by the agent and it is actually your signature tell them you are goung to report them to the office of fair trading and trading standards as you consider them unfit to hold license do not sign your name print it signatures can be copied remember they have to prove you owe the money good luck

 

Did this and had letter this morning says the following....

I understand that you believe your redit agreements with us are unenforcable as you allege that we failed to complete a Request to Call form 24 hours prior to issuing you the loan. You also allege that the loan issued was given to you in your agents home rather than your own and that the total amount payable or charge for credit is not clearly written on your credit agreements.Further to the previous points you also claim that we have breached section 10 of the Data Protection Act which states that you have 'the right to prevent processing likely to cause damage or distress'

I can confirm that the three credit agreements that you hold with us are enforcable.

As the three previous loans are 'further loans' i.e you obtained these after paying of previous loan issues,we were not required to complete RTC forms and if there were completed they were for our records only.

I have spoken to local managment regarding your allegations relating to the loan being issued outside your home and must confirm that these allegations have been refuted. OF COURSE THE AGENT WILL DENY THIS BUT SHE IS LYING.BOTH MINE AND MY PARTNERS LOANS WERE TAKEN OUT IN HER KITCHEN,I CAN DESCRIBE IT AND HER HALLWAY/FRONT ROOM

Local management have assured me that the loans were issued inside your home ANOTHER LIE however I can confirm that should the loan issues have been issued outside the home this would not make the credit agreements unenforcable

 

Then just babbles on......so after the advice taken on here that the loans have to be takenout out in your own home and Provi saying it doesnt matter who is correct???

Thanks

[dizzyhead90]

hi discod request to call form must be signed and agreement must be signed in your home or their office they must also send you a letter saying you have seven days to cancel the loan they are panicking and of course the agent will tell lies and their manager will back them up stick to your story and do not back down. write to them and tell them you have taken advice from a solicitor and he has advised you the agreements are unenforceable you are giving them 14 days to resolve this matter after which you will ask the office of fair trading to intervene and will be giving them photo copies of all correspondence they worked wonders for me concerning logbook loans good luck dizzyhead90

[discod]

hi discod request to call form must be signed and agreement must be signed in your home or their office they must also send you a letter saying you have seven days to cancel the loan they are panicking and of course the agent will tell lies and their manager will back them up stick to your story and do not back down. write to them and tell them you have taken advice from a solicitor and he has advised you the agreements are unenforceable you are giving them 14 days to resolve this matter after which you will ask the office of fair trading to intervene and will be giving them photo copies of all correspondence they worked wonders for me concerning logbook loans good luck dizzyhead90

 

Thank you.Do you know this all as fact? thanks xx

[dizzyhead90]

hi discod this is facts they will try to get money whatever way they can i was looking for my agents book today but will have another look tomorrow if i find it i will scan it on and post on forum taking off my agency number first so the **** do not know who i am dizzyhead90

[discod]

you my dear are a diamond thanks so much

[discod]

did you find it?

[dizzyhead90]

hi discod no i could not find it but i think it is in the attic my husband has been very busy and did not get time to look but i will get him to look this week i had a credit card with vanquis/provident i cca them sent me an agreement with no appro on it i fought them got letter in on saturday saying they are taking it no further do not give in to them i intend to claim all my charges off them plus interest i got 550 pounds off capital one

[ukaviator]

I have'nt read the whole thread, but if the Provident does try any court action, another possible defence is that this is an "Unfair Relationship" and get the judge to look at their extortionate APR.

 

An “unfair relationship” could include the terms of an agreement, the ways in which enforcement is being carried out, the new rules will make lenders responsible for the transgressions of their brokers.

 

The method is the same as for extortionate credit, and there is no doubt that anything that is extortionate will also be an unfair relationship. Any Court can re-open any credit agreement, whether regulated or not, where it considers that the bargain was an "unfair relationship". The debtor must raise the matter and it is for the creditor to rebut it (s.171). Three successful cases are:

 

Barcabe Ltd v. Edwards (1983) CCLR 11, where the lender had charged 100% flat rate per annum (APR 381%), other organisations would have charged only 20%, the lender took no exceptional risk, and the debtors were ignorant and illiterate. The Court substituted a 40% rate.

 

Castle Phillips & Co -v- Wilkinson and Wilkinson (1992) CCLR 83, where the lender, through brokers, provided a bridging loan of £21,000 for a period of between 4 and 6 months at 4% per month. It was held that the credit bargain was clearly extortionate because the interest rate was 3.33 times what a building society would charge, the security provided exceeded the nominal amount advanced, the borrowers were of little financial understanding, and had been persuaded to enter into an agreement which in normal circumstances they would not have entered into. The Court substituted a rate of 20% per annum, being the current building society re-mortgage rate plus one third to reflect the short-term nature of the loan.

 

London North Securities Ltd v Meadows (2005) which was confirmed at appeal, where the lender charged £50 for every arrears letter and added this to the loan balance, which was being charged at 36.9% APR. It was held that this was extortionate since the charges levied did not represent the lender's costs over the arrears. However, the original loan was held not to be extortionate.

Edited June 3, 2010 by ukaviator

[discod]

Just got this in my inbox...

Disco D u were an excisting customer no RTC was required as for being in our kitchen ,that is irrelevant ,u caused my partner problems for no reason,

and when I see u and that slimey scummer ur with I will kick ur heads in

HTH ..

 

ponces

 

lol what can I say

[dizzyhead90]

lhi discod this letter just shows that your agent got into a lot of trouble and that the rtc and where the loan was done are relevant i would take this letter to police and send a letter to provident and let them see what kind of **** works for them make sure u keep this incase they take u to court dizzyhead90

[discod]

well im keeping the message but tbh there is no proof who it came from,if they would like to inbox me and prove who they are then fabulous and like you said if it caused trouble then yea ur right proves they were in the wrong

[ScarletPimpernel]

It is possible to discover who has sent a message from the IP address, and to get a court order forcing the ISP to disclose their details.

 

In the alternative, and given that this is a clear threat of violence, you could simply report the matter to the police, who will be able to locate the sender and deal with them.

[mr2mr2]

report scumbags to police

[dizzyhead90]

i would agree go to police i would let no one threaten me like this the police can find out who sent this would not be surprised if provi sent it themselves

[Deano7207]

Hi All

 

Long time lurker, first time poster here on the forums. I have a similar problem with the "provvy" brigade. Longs story buy my ex and i were funding a house move and she said she would be able to raise the £500 we needed, so she did, and said i should pay her to pay provident.

 

When we Broke up in January 2010 it started to come to light that she had obtained a Provident loan in my name, i have since CCA'd the company and have just got response in last day or two (will post pic asap) although i have some serious doubts about the CCA they have provided.

 

1) the signature is not mine, cant have been as don't remember signing it!

2) the witness signature is the same as the agent, is this legal?

3) it refers to terms and conditions, although a copy of those has not been supplied

 

Any help on this matter would be much appreciated.