Received Claim Provident/Lowell

[pcrgdaddy]

Hello Forum,

I took out a provident loan at end of 2014 which i have some major concerns.

The agent contacted me out of the blue to see if i was interested in taking out another loan as i had paid two off in full months previous, The agent came to my house and whilst discussing the loan and advising her of our income it become apparent that we would not meet the criteria on affordability, I was asked to fill out the credit agreement whilst the agent was tapping figures into a calculator, She advised me to put these figures she was coming out with on the credit agreement, It was weird why i was filling out the agreement We kept up to dates with payments up till Feb 2015 when we moved to another address i informed the agent of this address and was advised by the agent she does not cover that area and would make sure my details were updated, Didn't hear nothing for ages so in May 2015 i contacted provident to make a complaint which they never took from me pointing me to do it on the website,

I started receiving correspondence from lowell in relation to this and this morning received claim forms,

I contacted provident today to put the above to them which they have now raised a complaint and admitted there is notes from May 2015 stating i wanted to make a complaint but this was not done, I have been advised they have 56 days to investigate but my main concern at this point has to be the claim forms and the dates to respond to these.

I have asked provident as a resolution to my complaint to buy back the loan from lowell and write it off, I can prove beyond any doubt the above by producing the bank statements i did at the time of being told my income didnt meet criteria and i am under the impression that the FCA has already made its feelings clear on proper affordability checks, being undertaken?? Lowell solicitors has stated that they have no intention whatever happens of selling the debt back to provident

I would really appreciate any advice on dealing with this, I have provident ringing me on monday to take 10.00 for a SAR i think this would be the best place to start.

Thank You

[Stu]

Re: Received Claim Provident/Lowell

Hi Welcome to the forum.

Firstly now provident has sold the debt to Lowell and Lowell have taken steps in the county court it's a time scale job...

You must acknowledge the claim via MCOL once you do this it will give you some breathing space 33 days in total...

Get a CCA request to Lowell and CPR to their solicitors, it is still a fairly new debt so whether they have the relevant paperwork :S


Once you have done the above, you give yourself time to get better advise on where you stand and if the debt can be returned ..

Good luck

[pcrgdaddy]

Re: Received Claim Provident/Lowell

Hi Welcome to the forum.

Firstly now provident has sold the debt to Lowell and Lowell have taken steps in the county court it's a time scale job...

You must acknowledge the claim via MCOL once you do this it will give you some breathing space 33 days in total...

Get a CCA request to Lowell and CPR to their solicitors, it is still a fairly new debt so whether they have the relevant paperwork :S


Once you have done the above, you give yourself time to get better advise on where you stand and if the debt can be returned ..

Good luck

Hello Stu

Thank you for your message.

I will be going on to MCOL now to acknowledge thses forms.

I was not even working or claiming benefits at the time of the loan being given to me and then one given to my wife, I was in some severe debt issues living off child tax credits and child benefit that why i at first never passed affordability.

If i can get my hands on the original agreement i can prove everything even down to me filling the form out which will have my handwriting on it, Do you think it would be good ideas to get something from DWP show i was not getting any benefits, My bank statements prove all this the exact documents the agent seen before falsifying all the figures,

I had a 500.00 loan and my wife was offered 500.00 as well my wife was not getting any benefits either except the child ones above, Massive amounts of rent arrears because i was not claiming housing benefit either.

Surely provident have to explain how all this false information ended up on two credit agreements and how they failed to check this information which there obliged to do so. Previous we had been really good customers before all this.

[Stu]

Re: Received Claim Provident/Lowell

In all honesty I can't answer that question I can give my opinion that is Provident has acted unfairly knowing you would struggle to keep up with the repayments after you have given them your situation maybe a complaint to the CEO of Provident and a complaint to the financial conduct authority but you also in sound mind had still taken the money from them knowing you would really struggle to pay.. But as for Lowell they I very much doubt would care about the history of the debt they will just go for the jugular..

[pcrgdaddy]

Re: Received Claim Provident/Lowell

In all honesty I can't answer that question I can give my opinion that is Provident has acted unfairly knowing you would struggle to keep up with the repayments after you have given them your situation maybe a complaint to the CEO of Provident and a complaint to the financial conduct authority but you also in sound mind had still taken the money from them knowing you would really struggle to pay.. But as for Lowell they I very much doubt would care about the history of the debt they will just go for the jugular..

Thanks for your reply Stu

I really have to split these in to two separate issues.

My dealings with lowell have been a waste of time not interested in the history of all this so i will now only deal with them in writing.

Provident have agreed to the SAR request with a 10.00 fee, Do i need to send one to lowell as well for the same information??

I have now done the AOS and stated i wished to defend all of it and did NOT tick jurisdiction box

[Stu]

Re: Received Claim Provident/Lowell

Thats good get a CCA sent to Lowell and a CPR to their Solicitors as well, when sending the CCA request use signed for post and a £1 postal order but as it's clearly not Statute Barred i'm not sure if marking it with "statutory fee only" is necessary but do it anyway...

[pcrgdaddy]

Re: Received Claim Provident/Lowell

Thanks, I will do all this over the weekend and get it sent off via recorded delivery on Monday morning

CPR & CCA can i locate this on google??

So my SAR to provident and CCA to lowell with 1.00 fee

[Kati]

Re: Received Claim Provident/Lowell

Thanks, I will do all this over the weekend and get it sent off via recorded delivery on Monday morning

CPR & CCA can i locate this on google??

So my SAR to provident and CCA to lowell with 1.00 fee

CCA template - http://legalbeagles.info/forums/show...y-of-Agreement
CPR template - http://legalbeagles.info/forums/show...ic-information

xx

[pcrgdaddy]

Re: Received Claim Provident/Lowell

CCA template - http://legalbeagles.info/forums/show...y-of-Agreement
CPR template - http://legalbeagles.info/forums/show...ic-information

xx

Thank you for that info just what i was looking for x

[pcrgdaddy]

Re: Received Claim Provident/Lowell

Hi,
I have not yet sent the letters off as mt wife just had baby so things been abit hectic

I have also bought a brand new printer as well so will start printing them off and sending tomorrow

Have submitted a complaint to provident stating i had no job and was not receiving social security benefits at the time of taking the loan, Which i am now awaiting proof from my employer to show my employment ended in Aug 2014 and DWP to show i received no social security benefits in 2014,

I will keep you updated once everything is completed, Once again thanks for all your help

[Stu]

Re: Received Claim Provident/Lowell

Congratulations on the great news..

Also

Get them letters sent as soon as

[charitynjw]

Re: Received Claim Provident/Lowell

Hi pcrgdaddy

Send the CCA request & payment + £1 payment to Claimant & CPR letter to solicitors (no fee) asap. Get proof of posting.

Btw, & please correct me if I'm wrong.
Apart from any technical defence (or other) which may be afforded via the above requests (ie non-disclosure, non-compliant documents, etc), your main 'complaint' (post #1) seems to be that an agent of the original creditor supplied false information in order to mislead the OC into providing credit facilities, & that you, knowing the figures were misleading, went ahead & completed the documentation regardless.
Please don't take this as a criticism; I just wonder how, if it did go to court, a judge might view the info?

[Debt Camel]

Re: Received Claim Provident/Lowell

Congrats on new baby :cheer2:

My thoughts (as a non lawyer) on your situation:

- I am not clear whether it is you are your wife that is being sued or both? This is important - if only one of you is, the other one needs to pursue a Complaint against Provident asap before court papers arrive and complicate it.

- it is a shame you didn't pursue the complaint against Provident at the time. You can carry on with this complaint now (see below) but you need to get the court action withdrawn or stayed pending the outcome of the complaint because provident are very likely to reject your complaint then you need to go to the Financial Ombudsman (not the FCA - that won't help you at all) and the FOS won't usually look at a complaint about something which has already resulted in a CCJ.

- I don't know how easy it will be to get the court action stayed if Lowell won't co-operate

- the complaint against Provident would be partly a standard "affordability complaint", very similar to the payday loan complaints I look at here: http://debtcamel.co.uk/payday-loan-refunds/ but with addition that you are complaining about the fact the agent told you what should be put on the forms and was therefore aware that the income & expenditure details you were supplying were not correct.

- I wouldn't describe this complaint as straightforward because normally the award by the FOS is to remove the interest you have paid from the balance outstanding, and I doubt that would clear the balance - could you find out how much you actually paid to the debt before you stopped paying?

- another alternative is to defend the court case, possibly with some sort of unfair relationship defence. @Amethyst ?

- last but not least what is your overall debt situation? If you have other debts (council tax arrears? benefits overpayments? credit cards? loans?) and you aren't working and your wife has just had a baby, you should be considering what your overall debt options are, as these may include insolvency (bankruptcy or a Debt Relief order) in which case there is no point in fire-fighting this particular debt!

[pcrgdaddy]

Re: Received Claim Provident/Lowell

Hello,

Thank you for the messages of congratulations

I sent everything on monday via recorded delivery to date this is what i have done

1, Sent CCA request to Lowell with 1.00 postal order
2, Sent CPR 13.14 Request To Lowell Solicitors
3, Sent SAR to Provident with postal order and photocopied ID
4, Sent CCA Request to provident on Behalf of my wife with 1.00 postal order

I have today received back a letter from the DWP showing all benefits claimed going back to 2003, Shows beyond any doubt i was not receiving any benefits at time of loan, Have sent this via email to provident complaints team

Just waiting now for my EX employer to send confirmation of finish date which will be August 2014, 2 months before i took out the loan

I do have a full medical report done by GP which shows in 2014 i was not very well severely depressed hence the loss of my Job and why i never claimed benefits after this i just couldn't face the world or leave the house. Do you think i should include this in my complaint to provident or send this to FOS once i send my complaint to them??

Thanks Stu, Charitynjw, Debt camel

Yes i know i have to take some of the responsibility of knowing the loan figures she was quoting to me were hooky, its never been about not paying it as previous loans been paid back without problem and sometimes in full, The agent should of been more professional and left as soon as she realized we could not afford it, Its bad enough this happened once to myself but to sign my wife up aswell at the same time seriously needs investigating

We are in a much better situation now and lots of things i fell behind on in 2014 been paid off and some which i am still paying off now but all in all everything is under control financially and budgeting really well,

I am also a full time carer for my daughter and last week after long period of time and being rejected finally found an employer who will give me the hours i need in between caring for my daughter which is awesome but as part of my employment they will carry out a criminal and financial checks this includes CCJ's, I am pretty much screwed in the situation i now find myself in with all this

My next plan of action in all this is to make a complaint to provident on behalf of my wife and get the 56 day ball rolling, I am hoping to show to the FOS that its bad enough this happened not once but twice in the same day two separate agreements and look to get the best possible outcome, I have no problems in paying back provident if they actually turn up to collect but i cannot see them get away scot free when i am going through all this crap with lowells and potentially a CCJ

Thank you all for your continued support

[pcrgdaddy]

Re: Received Claim Provident/Lowell

**UPDATE**

Hello

Quick Update

I spoke with lowell today as not heard back from them in relation to CPR request.

They have advised my account has been put on hold for 21 days as from 29th July 2016, I had no notification of this until i spoke with them.

They advised they received request for documents which they need to obtain,

I sent them two separate requests via recorded delivery 1, CCA Request 2, CPR Request

They claim to only have received the CCA request even though both recorded letters have been signed for?

I spoke to MCOL who say i have 13 days left to file my defense and nothing been put on hold there end either by lowell

Lowell state this is an internal hold on there end hence the reason court are not aware of it.

Provident now have all the evidence and have also attempted to get lowell to put this all on hold without success so they have decided since they have the evidence to see if my complaint can be brought forward and dealt with within 48 hours to beat the claim deadline.

what should be my next course of action?

Thank you