'fresh start' loan for scotcall ltd.

[pink00]

i need advice

 

i had my local agent ask me to sign into a agreement to repay a out standing debt, it was with littlewoods.

she had all the figures with her as to what i would pay back, but it didnt sound right, i said i needed to think about it, i felt harased,she wants me to ring today as to what ive decided.

 

today i got the letter from provident again about paying for a debt 'fresh start' loan for scotcall ltd.

 

i need to know what my rights are, and do they realy have the right to do this, when i said well what if i dont want to she said she couldnt pass a comment on that. but i get the feeling iam going to get harased about this.

 

any advice please

 

many thanks

[teaboy2]

Dont agree to anything, what they are doing is in breach of OFT Guildlines and you should complain about it.

 

ALthough Provident are Debt Collectors aswell as creditors, they are basically paying of the debt to littlewoods or scotcall a total less then the actuall amount owed, and then expecting you to pay it back on a monthly basis as if it was aloan.

 

I am interested to know though, what kind of agreement was it that the agent was asking you to sign? Was it a credit agreement/loan agreement or say it was regulated by the consumer credit act 1974, or anything like that?

 

Either way, DO NOT SIGN IT, tell the agent your not interested in their offer and that if they continue you will report them and the littlewoods/scotcall to the OFT, Tranding standards, Information commisioner office, and even BBC watchdog, to publicly highlight their actions.

 

If you can ask the agent prior to that for a copy of the agreement they wanted you to sign and scan it and post it up for us to see (minus all your personal and identifiable details), then that would be fantastic.

[teaboy2]

On a personal note, its sounds to me like scotcall and provident are sharing personal data (data matching), to see who of the accused debtors scotcall have on their list, are also provident loan customers. when they get a match they and provident try get them to agree to a loan type deal where provident pay scotcall a reduced amount they make the accused debtor repay on monthly instalments.

 

IF this is so then its highly Illegal.

[pink00]

it was a loan it says 0% apr

 

in your 2nd post about them getting the information about people on there book's, thats what i thought. no joke she had a good 20 pages behind mine.

 

ok i will say no, iam just worried about the out come, and any one else that dose'nt have the internet to find out this is wrong.

 

but thank you for your advice

[teaboy2]

Send a CCA request to Scotcall and littlewoods, if they dont have a copy of that then they can not enforce the debt, and judging by their actions i doubt they do have a CCA for the debt. Send them by recorded delivery, so then theyll have to sign it when it delivered

 

If you give me a minute ill paste up a template letter for the CCA request for you.

 

Heres the template, Whatever you do DO NOT SIGN IT BY HAND as they may try to lift your signiture to recreate a fake CCA agreement and pass it off as the original.

 

You will need to change it to s78

 

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

Edited April 23, 2010 by teaboy2

[maroondevo52]

Hi, pink00.

 

I'm going to move yours and teaboy2's posts to start a new thread for you, I'll send you a PM with the 'link'.

 

Regards.

 

Scott.

[pink00]

thank you teaboy2

 

i will send it to scotcall ltd, thats the company named on the provident letter.

 

many thanks for the advice and help

[cerberusalert]

It begs the question, why would a company offer an interest free loan if the original alleged debt had an enforceable CCA?

[Bazooka Boo]

Hmm, this is becoming a growing menace for 2010!

As the DCA is not supposed to pass your details onto a Debt Management Company without your express wishes, they have begun to send 'alleged' debtors details to Provident.....extremely dubious, and underhand, this really does need reporting to the OFT and TS via consumer direct;

Consumer Direct

 

It is highly advisable to tell Provident to send their complaints procedure by return of post, and file a complaint with them all the way until they are forced to have the FOS investigate.

 

The only CCA you need send is to the company who is asking you for the money, so if it is Snotcall asking for the money then you ONLY need send them the CCA request;

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

You DO NOT need to send out any more, to anyone. it is pointless and costly to duplicate these requests, one is all that is needed.

 

Print your name, DO NOT sign it, and send by recorded delivery.

 

If they ring, simply tell them 'everything in writing' and put the phone down, if they persist, than make a diary of all the calls, and report them to the Police for the criminal offence of Harassment.

 

There is nothing to worry about, there can be no legal action taken against you unless they have a legally enforceable agreement, if they fail to send it within the time scale laid down, (14days), then the agreement is disputed until such time they can provide the relevant documents.

 

There will be no bailiffs, no court action, no removing personal belongings, clamping of cars etc etc etc, that is what they want you to believe, it does not happen that way anymore.

[pink00]

ok bazooka boo, so i send a request for the cca, and should i report them and complain to provident.

 

i will do anything i can, this is wrong, ok i dont know the law, but i do know that any one that turns to the provident is already suffering,and the amount of letters she had, loads of people would have been stressed out last night, i know i did.

 

so thank you for all the help

[sillygirl1]

Complain about Provident's cross marketing of your data to Scotcall to the OFT, it is against their guidelines for a company to offer you credit to pay for existing credit, and highly unethical of Provident to abuse their customer base in this way.

 

Now you have found CAG we can help you beat these loan sharks and get them out of your life.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/230006-greenwood-provident-letter-advice.html

 

links into this too

 

dx

[ashmk]

As already said DO NOT SIGN ANYTHING.

 

This is an attempt to convert an unenforcable debt into an enforcable debt.

 

Do not sign anything, do not agree to anything. There will be NO comeback so do not worry. The agent might huff and puff because they lose commission but there is nothing more thay can do.

 

Simply tell them you are not intrested and close the door.

[marie6666red]

it cant just be current customrs provident are cross matching...i do not have any dealings with provident but i still received the same scotcall letter. so scotcall must be passing on information of everyone on their files. irrespective of whether or not they are currently also provident customers.

[Bazooka Boo]

Which is why the OFT and TS need to be informed of these new tactics, not only is Snotcall in breach of the DPA by passing on your info to a third party without your express say so, but Provident are treading a very fine line also, and should be investigated to see if they are worthy of holding a credit licence.

 

Consumer Direct

[pink00]

i thought i would do a mini update

 

ive had the area manager for provident turn up during the week, she was very off handed, but kept saying i wasnt intrested

 

today the local rep came, she come's every thursday, but ive know her awhile, she didnt know that the manager had came around,but she asked again, i said i wasnt intrested.

but what she did say was even she didnt think it was right, that the provident have brought the debt of scotcall and debt of a phone company. i get she's only doing her job, but wish it could be proved and stopped

 

many thanks againg for all you help

[Bazooka Boo]

Have you made formal complaints to Provi, and Consumer direct?

[teaboy2]

i thought i would do a mini update

 

ive had the area manager for provident turn up during the week, she was very off handed, but kept saying i wasnt intrested

 

today the local rep came, she come's every thursday, but ive know her awhile, she didnt know that the manager had came around,but she asked again, i said i wasnt intrested.

but what she did say was even she didnt think it was right, that the provident have brought the debt of scotcall and debt of a phone company. i get she's only doing her job, but wish it could be proved and stopped

 

many thanks againg for all you help

 

Ummm, You do realise that sending people round to your doorstep, in an attempt to collect the debt, which this basically what the area manager was doing by trying to get you to agree their offer, is yet a further breach of OFT Guidlines as they had not made an appointment to visit you. (well i assume they did not)

 

In fact without an appointment, then its basically tort of tresspass under common law.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.).

 

Also it can been seen as an attempt to pysically harass you into agreeing. which is a breach of the Protection from Harassment Act 1997.

 

 

You really need to make a formal complaint against these 2 companies!

[marie6666red]

i got the doorstep visit and told him to get back down my path as he wasnt getting one penny of my money. i have since complained to provi, consumer direct and scotcall....they have given my personal information away....sorry...sold it. and provident are trying to get me to sign for a loan i dont owe them. interest free or not. it will be a cold day in hell before they get a penny of my money....but i am so angry at the thought of how many poor people dont know about this forum or others similar, and are signing this trash!

[Bazooka Boo]

Hopefully Consumer Direct will be able to rattle the right cages in order to get this extremely underhand method of business banned.

Defo one to be chasing up, it will be amusing to hear what snotcall and provident have to say for themselves, allow them no wriggle room, they are firmly on the hook, and need to be investigated, possibly by the ICO as it is breaching the DPA.

 

Complaints - Privacy & electronic communication - ICO

 

Go get em!

 

Boo;)