Provident Default

mejjo203

Hi there everyone,

Provident personal credit have registered a default with the credit reference agencies, I'm in a dispute with them currently over the account as the agent that was collecting failed to come to our address.

What i'm wondering is do they by law have to issue a default notice giving 14 days to pay ( or something to that effect? ) Because if they do then this will be slightly a different situation.

The last communication i had from them was a card to which i could make payments too, I receieved this in the post and have started making my payments to it.

I'm going to send them another letter and request proof of this default notice, but i'm not sure how to word it or what to say without knowing if they have a legal obligation to give a default notice.

Hope someone might be able to help.

Thank you

kbwnov86

According to the StepChange website, you should be given 14 days to pay.

What's a default notice?
This is a letter from your creditor warning that your account is about to default because you're behind with your payments.

The default notice will give you at least two weeks to catch up with any missed payments. If you can do this, your account will carry on as normal. If you can't pay the missed payments in this time, your account will default.

A default notice is normally sent when you've missed or paid less than the full amount for 3 to 6 months.

Default notices only apply to debts which are regulated by the Consumer Credit Act, such as credit and store cards, payday loans, personal loans and hire purchase.

How do I recognise a default notice?
A default notice has the following text at the top in large or bold letters:

'Important you should read this carefully'
'Default notice served under section 87(1) Consumer Credit Act 1974'
The default notice will also give you the following information:

How much you need to pay to bring your account back up to date
The deadline to make this payment – you must get at least 14 days to do this
An information sheet from the Financial Conduct Authority will be enclosed with the default notice recommending you get free debt help, from us or another charity.

A default notice will suggest you contact a solicitor or Trading Standards for help. You don’t need to do this. The wording of default notices was set in a 1983 law, before free debt help from charities like us was widely available.

stclair

mejjo203 wrote: »

Hi there everyone,

Provident personal credit have registered a default with the credit reference agencies, I'm in a dispute with them currently over the account as the agent that was collecting failed to come to our address.

What i'm wondering is do they by law have to issue a default notice giving 14 days to pay ( or something to that effect? ) Because if they do then this will be slightly a different situation.

The last communication i had from them was a card to which i could make payments too, I receieved this in the post and have started making my payments to it.

I'm going to send them another letter and request proof of this default notice, but i'm not sure how to word it or what to say without knowing if they have a legal obligation to give a default notice.

Hope someone might be able to help.

Thank you

The website suggests you could have called them to make a payment:

What Do I Do If I Miss My Agent & Need To Make A Payment?

If you and your Agent miss each other then don't worry, give your Agent a call and they will be happy to rearrange their visit and come to see you within the next few days.

To help you plan ahead, you can make a repayment on your loan by arranging an alternative time for your Agent to make a collection, or by making a payment in advance. If you are not going to be at home and you can't make a payment in advance, as a last resort you can pay using a debt card by calling free phone 0800 9166 440 or local rate 0330 3030 200. (If you have an inclusive minutes mobile contract then calls to 0330 will be deducted from your inclusive minutes.)

PaulW922

I had a Provident agent a while back who just didn't bother to call half the time. I started getting letters from the company but the issue was resolved by the local office. In fact the manager came to see me to collect the 'arrears' and to apologise for what had happened (he fired the agent). I had no issues with debt collection or anything. Having said that, this was before Provident started reporting to credit reference agencies.

happy_bunny_2

mejjo203 wrote: »

Hi there everyone,

Provident personal credit have registered a default with the credit reference agencies, I'm in a dispute with them currently over the account as the agent that was collecting failed to come to our address.

What i'm wondering is do they by law have to issue a default notice giving 14 days to pay ( or something to that effect? ) Because if they do then this will be slightly a different situation.

The last communication i had from them was a card to which i could make payments too, I receieved this in the post and have started making my payments to it.

I'm going to send them another letter and request proof of this default notice, but i'm not sure how to word it or what to say without knowing if they have a legal obligation to give a default notice.

Hope someone might be able to help.

Thank you

Yes, they must send a default notice and give you the time frame and amount you need to pay to remedy the defaulted situation.

Complain, in writing, that they didn't come to collect the money, then defaulted your account with no default notice. state you require the default removing and an explanation as to why no-one came to collect payments.

Dont waste time asking to see the notice etc.

If they refuse, refer to the FOS:
http://www.financial-ombudsman.org.uk/consumer/complaints.htm