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Hi again. Ive got another letters from Lowell. Theyve sent them in 2 separate envelopes but on the same day. What else I can ask for? They are saying they have sent me everything i ve asked for but they do not have to send a copy of deed of assignment as accounts are purchased in bulk. Thank you in advance.
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Hi ive sent last letter and this is what i have back.they said they can not send me a deed of assignment as they buy cases in bulk. Is there something else i can ask for? Thank you in advance.Comment
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Hi
I am really stuck, maybe its my PC but I can not see what they sent you in response to your S77 request - if its what they usually send have they also sent the terms that were in the back?
I see they are trying to tick their boxes with sums in arrears and statements of account but if they can not produce the other side it might be difficult.
I am sorry my time is extremely limited at the moment . I will try to read through properly tomorrow when i sit down by myself with a brewComment
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Hi
So I have had a look back and it seems they have sent you reconstituted copies of both agreements but without the terms and conditions that are referred to.
So it seems to me that as Diana M has said, if there were two agreements they will need to provide two Default notices etc
I am also not sure but I think technically you should make 1 CCA request for each agreement but at the moment that is not really important
Do these accounts still appear on your credit file?
If they do I am thinking of another tactic to slow them down but I am not sure of the case law, and do not have time to search for it, where it says an irredeemably unenforceable agreement should not be reported to a CRA
Diana M
Amethyst do either of you know?
It might be worth sending a SAR to provident which may answer some questions about when the default notices were issued and when the accounts were assigned and who to
Meanwhile
I can not guess if they will issue a claim and can not tell if there is a course of action to slow them down but maybe a simple one liner sayiong something like
Thank you for your recent communication the contents of which have been noted and filed, I would refer you to my previous request made under S77 CCA , and point out you are still in default of that request and as such the account remains unenforceable.
Please confirm by return your intention to close the account
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Hi warwick65. Thank you for the response. I will scan the documents again tomorrow with back pages. It looks like there is something but I didnt know its needed.Comment
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It is really the agreements that are important - was there another side to the ones they sentOriginally posted by Snow View Post
If you remember, provident loans come with the amounts handwritten on pads and on the back of the agreement you sign are all the other terms and conditions- those are what should be included in the CCA request.
On my agreements it was somewhere near the signature box where it referred to the terms overleaf
I do not think the fact the agreement contained all the prescribed terms is, in itself, quite enough to satisfy a cca request
However they only need to find a copy and they can reconstitute them as S77 is for information purposes onlyComment
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Hi warwick65. Thank you. On the documents i ve attached back pages areall about the payments and options/DD. Agreements they have sent me were both on the same paper on 2 sides. There was no T&C at all. I also checked my credit score and there is only 1 loan I think. Can you please check the dates on it as on the letter from 12/02 they stated " when an account enters a default status it cannot be changed and the default notice will remain on your credit file for 6 years from the default date, which was on the 18/03/2013" what I believe is not correct. I did attached the agenda from credit score as well.
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On the agreement there is something " important - there are more terms overleaf. Please read them carefully. Make sure you understand them before you sign and arrow to another page. But on another page is another agreement but no T&C.Comment
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Hi warwick65. Ive checked again and on my credit search from Experian there is no unpaid Provident. There is just one I had in 2011 but it was paid on time. Should I apply for new one to check now? Thank youComment
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It seems they have provided statements but not the full S77 request documents - I would propably write to them as I suggested earlier but that is entirely up to you
There is no claim at the momentComment
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Ok.thank you very much.I will send this. There is no unpaid Provident loan on my credit check. Is it good or bad? Do you think it is still worth to fight with them or I should to start to repay it? They wrote they can put my case on hold for 30 days if I ask for legal advise. I dont know how to understand dates on those documents - i should count 6 years from last payment or like they count from 18.03.2013? Please tell me if there is nothing more I can do. Thank youComment
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Sorry Snow , really not got time to read and collate all the info at the moment but
The start date was march 2012 and I guess the end date was 53 ish weeks later so march 2013
When was the last payment you made?
To be sure it is SB I would think you have another 12 months to wait assuming no payment was made after March 2013
They have not complied with your CCA request so it is at present unenforceable - unless they fix it or you admit to it
I can not tell you what you should do but if it were me I would send that letter and then wait it out. If they issue a court claim you could then take advice and if necessary set up an arrangement without getting a CCJ
I am afraid the decision is yours but of no payments have been made, even one payment or written acknowledgement would mean another 6 years to wait.
It is horrible waiting for debts to become SBComment
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Hi. Thank you. Will sent tomorrow. Last payment was made on 30.07.2012Comment
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