provident saying they have brought my voda debt

dkr_2

I got a very unexpected visit today, i thought it looked like a debt collecter and panicked and opened the door without thinking. The man said he'd come round about a debt I owe vodafone which I was shocked about as this was about 6 years ago. He said did i receive a letter from provident, and that i should receive one as they are now taking over the debt. Because I was on the spot and was worried about a debt collecter at my door, I asked how much I will need to pay and signed the letter he had. Which I'm now thinking I should of never done like I said the vodafone debt was years ago I never paid the debt because It was a phone contract I'd took out and the bills were to high, I rang vodaphone requesting to end my contract and pay of the rest of the contract. I even took a loan of my brother to pay this, when I called to pay they was adding a lot more on so I refused to pay and left them. Over the years I did recieve letters from dca but i ignored them and they stopped.
Provident took my phone number and said someone will call round to discuss payment options, then not long after the postman came round with a provident letter saying 'a fresh start' claiming they will write of 10% of the debt and i can pay a weekly amount of £8.60 and that i owe £450 to vodaphone.
I do not want someone coming round every wk to collect money and it could not come at a worse time as im in debt up to my eyeballs as it is and just about scrapping by. Id rather set up a payment plan with voda, paying as less as poss, im really worried cuz iv signed iv done a bit of research and it seems that provident are not allowed to even do this.

Im thinking to refuse to pay them when they come and say il be in touch with lowell myself.
Can i do this?

Tixy

Hi

Do you know what you signed today? Did he leave you with a copy of it?

You can certainly refuse to pay anyone at your door and send them a letter stating that they must not visit your house again. Will get you a template - http://forums.moneysavingexpert.com/showpost.php?p=42098952&postcount=4

dkr_2

No i never got a copy I was put on the spot, Provident are a door stop loan company I thought not debt collecters. I don't owe provident the money so should I have to pay them?

RAS

Please get yourself down to CAB urgently.

What Provident are doing is buying very old debt - statute barred debt (not paid in the last 6 years) that you are not required to pay by law. Even if you were to make a payment today, you could refuse to pay the rest of the debt of tomorrow.

Based on other posters, they then pay off the old debt is not legally enforceable by settting a new loan that is legally enforceable.

You may have been tricked into making yourself liable for a debt that you did not have to pay.

See if you can speak to NDL or CCCS today or see CAB.

I think you need to write today and tell them that their agent misled you and that you refute anything that you signed as

1. You do not know what you signed
2. You do not have a copy of the paperwork you signed.

It may work, it may not.

dkr_2

A woman came round today to set up a payment agreement and I told her that there was a dispute with vodafone over the account. She said it't nothing to do with vodafone any more as they have sold the debt on, I told it was 6 years ago and it's not even on my credit file.
I never set up an agreement and told her I don't want to pay them as vodafone have added more on.
She said she understands and left me her number in case I change my mind, she also said she doesn't know what will happen from here.

Now I don't know what to do, I doubt then can send people round to take stuff can they?

Tixy

They cannot send people round to take your stuff no. That would only be possible if you were taken to court, they obtained a CCJ and and bailiffs were then appointed. They only people who could call will be debt collectors who have no rights at all and you can just ask them to leave.

But agree with RAS, get some professional advice as to what you should do and help on this. I think you may well have signed a new loan agreement with them for the amount of the old debt. In which case you need to try to fight before the new debt spirals cost wise.
Without knowing what you signed its very difficult to advise what your best steps should be.

fatbelly

Yes, it's quite a clever strategy by Provident. If they just acted as a debt collector and persuaded you to make a payment on a statute barred debt, then the debt is still statute barred and you could just stop paying without court action being possible.

But if they persuade you to sign up to a 0% loan with 10% discount (to pay off a debt they have bought for peanuts) then the new agreement will not be statute barred for 6 years!

Provi have explicitly told the CAB's creditor liaison manager that they will not use this strategy on SB debts.

Hmm...

nottoolate

unfair commercial practice under cputr 2008 surely?

stormchild

As you told the provident woman to go away without you signing anything then that is the end of the matter. Provident buy these debts for around £25 then proceed to collect them out after giving a 'discount' on the original debt. They make huge profits on these as do the provident agent who 'converts' the lead into a sale. They get £25 then a percentage of the collection every week. Whatever you do DO NOT SIGN their agreement as the old debt then becomes due as you have a new contract and hence a new debt. Hope this helps you in this fight against a very unjust company

awayinchina

Don't you actually have a 28 day cool off period? whereby, you the consumer has a right to cancel?

VitaK

That is a disgusting practice. Buying unenforceble debt and use deception to make them enforceble again.

If the debt does not appear on your credit file, then how does it build up your credit history.