provident cca

[isalter]

ok long story short

i had a loan with provident when i was with my ex wife i left the home she didnt she was going to pay and didnt it got defaulted i didnt show on my file until much later than the default date and it showed no late payments i have tried to negotiate a settlement even paying the full amount if they remove the default in good faith

so i made a cca request and i received it the other day and i have been looking through it and there is no mention of updating my credit file or defaults anywhere within it

does this mean they were wrong in applying the default and secondary if they didnt update my credit file promptly does that help me in any way either

thanks in advance

ian

[FlamingParrot]

Re: provident cca

The purpose of sending a CCA request is to assess the enforceability of the account, it's not related to your credit file. After McGuffick vs RBS, it was established that reporting to the CRAs does not amount to enforcement, which means they can record a default even if the account is unenforceable.

Bear in mind getting a creditor to remove a default in exchange for a F&F is very unlikely. You should also make sure the settlement is, in fact, full and final, and that they won't be selling the balance on to a debt purchaser who will chase you for it, as it's happened to me some years ago! :mad2: Even though it as a small debt, it's a good example of what DCAs get up to: http://www.legalbeagles.info/forums/...r-settlement-( :rant: :rant:

Would be good if you could post up the CCA you received, after removing your personal details. :typing:

There should only be one default per account and it should drop off 6 years after it was recorded, regardless of assignment.

[labman]

Re: provident cca

In order to register a default they should, by law, have sent you a Default Notice giving you 14 days to remedy the situation. Did you receive it? If you did, could you post a redacted version of that up as well please for us to look at?

[isalter]

Re: provident cca

ok here is the cca minus the personal details long shot but no mention of a default also I never received a default notice as I moved and my ex was supposed to tell the woman my main argument is I check my cra files constantly if they had updated them with a missed payment I would have sorted it out and not ended up with a default this only appeared on my cra file well after the default was applied

[labman]

Re: provident cca

It states the T&C's are overleaf - any chance of seeing those as well please?

I remain concerned about the default notice. As far as the law goes, it was your responsibility to inform them you had moved. Do you know if your ex did tell them?

What happened about making the payments after you'd moved? You'd have known if you were making them or not. If you weren't, surely this would tell you your ex had not informed them, so you should have. If you were paying them, then there would be no default.

I don't think the argument about checking your credit files will get you very far, sorry, BUT if they did not send a default notice at all, then they are very much in the wrong.

[FlamingParrot]

Re: provident cca

ok here is the cca minus the personal details long shot but no mention of a default also I never received a default notice as I moved and my ex was supposed to tell the woman my main argument is I check my cra files constantly if they had updated them with a missed payment I would have sorted it out and not ended up with a default this only appeared on my cra file well after the default was applied

Sadly, if payments are not maintained, they are allowed to record a default with the CRAs. They should have sent a default notice, yes, but you say you moved...:noidea:

The question is, were payments made? in which case, the default would be incorrect. But if they were not, then they have the right to record it. :ohwell: