Provident eeek!

[jet_black]

Yep, I know it was VERY stupid of me to have a loan with these people, but we needed cash quickly and at the time had more money to play with. Unfortunately we've had a hellish year financially and now I can't afford to pay the full whack, however, while browsing through threads in another site my attention was drawn to some bad habits that Provvy seem to have. The main ones being 1. not calculating the interest properly and 2. not observing the cooling off period. I have written to them asking for 28 days grace,while I do some digging around. If anyone has any advice on the following it will be gratefully accepted. I'm not trying to get out of paying what I owe, but if there is any way of reducing the amount due to a breach on regulations would really help.

Firstly is the CCA and T's and C's





Now for the confirmation letter (front and back):





then the payment book, note the date of the first payment:

[Sapphire]

Hiya Jetblack, sorry but I've not got much of an idea re the documents you have posted. I will try to get some help on this for you.
If you take a look in the Debt Templates thread http://www.legal-beagles.co.uk/forum...s-re-debt.html i would say that letters #1 - #4 are the best for your situation, even if you can get the payments reduced, that will be a great help. Have you filled in the budget spreadsheet as well, that would be good to send copies off with the letters to prove to lenders what your situation is.
Ok i'm off now to seek help and advice on the questions you have asked.

sapphire

[Paule]

You need to send them a cca request.
Although you have your copy, they have to provide one as well.
Its not good them saying you have a copy.
Not sure if theres a cca letter on this site as I'm new here, but i le have a look and post a link or i post a copy letter for you

Paul

[Paule]

CCA request Letter

Okey Dokey, here you go

Your Address
.
..

Provident
.
.
.

01/06/07

Ref: xxxxxxxxxxx

To Whom It May Concern:I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 Cheque (no100048) in payment of the statutory fee..

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.Regards,




your name


Hope this Helps

Paul

[jet_black]

thanks I'll get a letter off to them ASAP, does anyone know the law surrounding the cooling off period? As only five days elapsed from signing the agreement and me making the first payment. The CCA states the cooling off period is 7 days from signing, but the confirmation letter states 5 days from the day after I received the letter, in this case only 3 days elapsed. Does anyone also know how to check the interest figures? I don't know how the hell they worked their figures out!

[Paule]

You are in a good position because you have your copy of the agrrement.
If they cannot produce a copy they cannot enforce the debt.
If they do produce a copy, you can check it against yours.

Send of for the CCA along with the £1 fee.
Get proof of posting (its up to you whether you want to get it signed for)

They have 12 + 2 WORKING days to respond, at which point you can stop payments.
Then after 30 days (calender month) they are commiting an offence

Paul

[classylady18]

Hi,

Just wondering..is there any reason why on the letter they sent you it states the total amount repayable is £1590 but on the CCA it says total repayable is £1650?

[jet_black]

they do seem to have gotten themselves confused