Provident personal Credit sent this CCA in response to my request

[hannahbtw]

Does anyone know of a template letter that i could use to write to Provident highlighting the fact that this CCA is flawed with regards to the incorrect amounts stated and the missing "prescribed terms". Dont know how to make them aware that i dispute the amounts, as they still havent contacted me directly, everything is being done through CK Edrupt.

Suggestions on a postard please...

Han x

[rory32]

Dear Sirs,

Thank you for your response to my request under the Consumer Credit Act section 77.

I am pleased to see that you confirm this as a true copy of the original agreement executed by ourselves on the (date).

As you must realise this agreement does not conform to regulation 65(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

Any earlier actions relating to sharing of data with credit agencies or defaults should immediately be removed.

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

[hannahbtw]

Rory32,

Thanks for that brilliant letter. Its a wonder that i still cant come up with stuff like that on my own...but trying to put pen to paper re these creditors just makes my head whirr with useless bits of info that are often entirely irrelevant!

Thanks for putting what i wanted to say into plain english!

Letter winging its way to CK Edrupt Towers later on today..

Cheers hun,

Han x

[hannahbtw]

I didn't get round to writing that letter yesterday, but had a surprise in the post this morning from CK Edrupt, so it wasnt so bad.

I'd sent a request to Provident asking for the agreement and statement of account, etc, bearing in mind that i'd already received the agreement as posted above from CK Edrupt. was thinking that Provvy would provide me with the same agreement...

This is the reply (not from Provvy..but from their solicitors):

 

Without Prejudice

Dear Hannahbtw

Re: Provident Personal Credit Ltd and Yourself

Outstanding Balance £1572.00

Thank you for your letter dated 11th June 2007 addressed to our Clients.

Our records show that we did respond to your previous letter and we enclose a copy for your information.

We enclose further copies of the agreements, which confirm your liability for payment and therefore we consider that there is no reason why payments should be refunded.

In the circumstances, although our Clients are entitled to recover the balance shown above, we are advised that they are prepared to waive this right and not pursue this matter any further on the condition that this settles all claims in this matter.

If we receive no reply within the next 21 days, it will be accepted that you agree to this and we will close our files.

Yours faithfully

C.K. Edrupt & Co.Solicitors

It was an actual signature too...no computer-genarated scribble! i feel priviledged! lol!

However, is this letter the end of it? It wouldnt be able to be used in court would it? As they've put "without prejudice" at the top. So what is stopping them from trying to push for the repayments through the courts at a later date?

Should i send a reply to this letter, or just leave it and hope they stick to their word after 21 days and close their files?

I am wondering if this letter is enough to confirm that the account is now settled or do i need to ask for something else in writing from them?

Suggestions?

Thanks for all the help so far peeps!

Han x

[rory32]

As you must realise this agreement does not conform to regulation 65(1) of the Consumer credit Act

Sorry Han I made a mistake it should be regulation 61(1).

 

I am wondering if this letter is enough to confirm that the account is now settled or do i need to ask for something else in writing from them?

 

I would say you've got the result you wanted Han.

 

Without Prejudice

The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court.

[rory32]

This is from a legal fact sheet on the use of without prejudice:

 

Commonly, you use ‘without prejudice’ if you are making an offer to settle a dispute that you don’t want used against you in court as an admission, or as evidence of what you are prepared to pay as compensation, if the other side refuses your offer.

[dom2]

Nice one Hannah, well done!

Have a great weekend:)

[hannahbtw]

Thanks dom! I'd have a great weekend if i didnt have to work both days of it! doh! But at least this is one (of many!) creditors out of the way!

 

Rory32, good job i didnt send that letter in the end;) i dont know...all these regulations, subsections, rights and wrongs..lol..its no wonder im confused..and you're quite within your rights to make a lil error every now and then. thanks for your advice throughout this thread, its always invaluable to normal peeps like me, just trying to get by and play these DCAs at their own game. Many thanks!

Han x

[Josie8]

Congratulations on your win....................

[hannahbtw]

Thank you very much Josie! and thanks for your valued input in this thread. its due to all of the shared knowledge on here, that DCAs like Provvy are backing off and admitting defeat!

Many thanks to everyone that contributed to this thread.

Han x

[gypsumsif]

:o:o well done!!

we have moorcroft chasing us for a provvie debt. it was one we weren't going to bother asking for a CCA as we remember signing our lives away.

but after reading your post, im going to print one off right away.

well done again, and i hope you have further success with any other DCA's trying their luck.

[diskmandave]

Just as a side issue, can the witness signature and and the authorising signature be the same person? ie The agent...?

[hannahbtw]

Just as a side issue, can the witness signature and and the authorising signature be the same person? ie The agent...?

Hmm...thats a very good point..

Just looked at my "agreement" again and noticed this. well spotted dmd!

Rory? Anyone? can it be the same peep signing both?

Han x

[hannahbtw]

we have moorcroft chasing us for a provvie debt. it was one we weren't going to bother asking for a CCA as we remember signing our lives away.

but after reading your post, im going to print one off right away.

Go for it gypsumsif! Can't be shy where these DCAs are concerned you know;)

So far i've had only good news as a result of 4 CCA requests!

Best of luck with yours:)

Han x

[jet_black]

I think I'm going to ask for a CCA too, they didn't observe to full 5 day cooling off period before taking my first payment. Would this have any bearing on things too?

[asm1970]

Hi

I hope somebody can help me, I took out a provvy loan and after visiting the local CAB for help with my debts, they stopped sending round my agent and that is the last ive heard from them (even see my agent in town and asked her to call but she said she wasnt allowed) I have now received a letter from CK Edrupt solicitors asking for payment in full of £814.35 or £129.59 and weekly payments of £6.46. Neither of which I can afford the lump sum payments.

Please can anyone advise me on what to do next?

Regards

asm1970

[discod]

I have a provi loan,lost job so had to stop paying what they wanted.Agent and her boss got ****ty so its now gone to in house debt team because basically they would not agree on me paying 1 a month.

Now after reading how the courts hate their interest rates im being a devil and paying them sod all,they can dance for their money.

Lets see if they do take me to court....i will await the ccj:grin:

[fuzzybobble]

Provident rarely take anyone to court due to their previous problems with judges and their high interest rates. They prefer their low comission paid agents to try and do their dirty work for them. The agents soon give up when they realise they won't make any money out of visting/calling you. They then move on to easier and more profitable "customers".

[dizzyhead90]

i everyone provident never take anyone to court i know i worked for them agent was told not to call after she was not paid for 6 weeks and the debt was passed to debt collection agecy after19 weeks if agent had a lot of bad payers it took the quality of thier book down and they were rapped over the knuckles for it so the manager told them to stop calling dont worry about them pack of dishonest dirt and thats putting it mildley if anybody needs any advice about provi just ask

[discod]

I heard that also but what if the DCA they sell the debt to decides to take you to court and then issue a court summons CCJ?

[dizzyhead90]

hi discod if you are passed on to dca never phone them put everything in writing and do not accept thier phone calls dca will not take you to court either because when provi sell they do not give dca credit agreements they destroy them it would take dca more money to take you to court and mabye lose the case never be scared of these people they are lowlife and like to see u running scared

[discod]

hi discod if you are passed on to dca never phone them put everything in writing and do not accept thier phone calls dca will not take you to court either because when provi sell they do not give dca credit agreements they destroy them it would take dca more money to take you to court and mabye lose the case never be scared of these people they are lowlife and like to see u running scared

 

 

Ta very much,ive dealt with DCA's in the past and have won a few CCA claims all thanks to this site,always heard Provident were scared to take to court because of the huge interest rates and this confirms it.

Ta xx:D

[dizzyhead90]

hi discod if they toke u to court the judge will not look at the debt unless the interest rate is taken off but they never do my daughter had loans with them and when i left she stopped paying that was 5years and never heard anything since so dont worry about them i had customers that paid a £1 a week and they sent it in to the office by postal order

[discod]

hi discod if they toke u to court the judge will not look at the debt unless the interest rate is taken off but they never do my daughter had loans with them and when i left she stopped paying that was 5years and never heard anything since so dont worry about them i had customers that paid a £1 a week and they sent it in to the office by postal order

 

Fabulous :D

[discod]

ok have now had a letter from their in house solictors so what next? I did ask for a CCA which they did send but i have not looked at it properly.

What should i look out for that would make it not stand up in a court of law.

I know people say they wont take you to court but im assuming now the solictors will indeed go and seek a court order then il get those blue forms from the courts,what do i do pleasexxx