provident personal credit problem

is200rwd

Hi ive had a previous loan with provident before which was paid in full and after a while i got another one, during the second loan we moved house due to loss of work so needed cheaper rent, we always made payments even though it might not have been entirely up to date. We informed our agent that we had moved and he transfered us and we were told a new agent would be in touch. Some time passed and we got a phonecall from a man saying he was the new agent and could we bring the account up to date straight away and as im not working i told him i just didnt have the money. That was the last i heard from him, provident themselves then called me some weeks later and i explained the phonecall to them and she knew nothing about it and said shed be in touch but nobody has called or sent letters.

This has gone on 9 months and now debt collectors are ringing looking for €700 and we just dont have it, by the time our rent and other bills are paid we just about have enough money to eat as our child is put first and always fed his 3 meals a day.

i just need advice on this, is this our fault or theirs? Now that its gone to a debt collector is there no way to go back to a normal provident payment?

Ken.

Debt collectors have 2 powers in Ireland 0 and fück all. They can threaten all they like but can not harass you.
http://www.citizensinformation.ie/en/money_and_tax/personal_finance/debt/debt_collection.html


Harassment and intimidation

All debt collectors, including private individuals and debt collection agencies, are covered by Section 11 of the Non-Fatal Offences against the Person Act 1997. This provides that a person is guilty of an offence if he/she makes any demand for payment of a debt and if:

The demands are so frequent as to be calculated to subject you or a member of your family to alarm, distress or humiliation, or
The person falsely represents that criminal proceedings lie for non-payment of the debt, or
The person falsely represents that he or she is authorised in some official capacity to enforce payment, or
The person utters a document falsely represented to have an official character

If you are subjected to such behaviour by your creditor or by a debt collection agency, you should report the matter to the Gardaí.

Tell provident you'll not be engaging with the collection agency. You do have to make an effort though to pay it off. Offer them €10 per week(if you can afford that) in writing. If they do take you to court you have to show you made an effort.

dpofloinn

I think its not looking good for you ,usually when a debt collector is involved there is no going back as the debt collection agency has bought the debt from provident.Provident wrote you off as a bad debt and sold your debt to recover some of their loss.

I think in all honesty it is mostly your fault for not keeping on top of the payments and not chasing provident to find out the status of your loan.The agent is only an employee of provident and they can have a high turn over of staff so you may have got lost in paperwork or just forgotten as im sure that you are not the only one the agent has to deal with.That being said it is your duty to keep on top of things, and you should have made regular contact with them until your account was registered properly with the new agent

Ken.

dpofloinn wrote: »

I think its not looking good for you ,usually when a debt collector is involved there is no going back as the debt collection agency has bought the debt from provident.Provident wrote you off as a bad debt and sold your debt to recover some of their loss.

I think in all honesty it is mostly your fault for not keeping on top of the payments and not chasing provident to find out the status of your loan.The agent is only an employee of provident and they can have a high turn over of staff so you may have got lost in paperwork or just forgotten as im sure that you are not the only one the agent has to deal with.That being said it is your duty to keep on top of things, and you should have made regular contact with them until your account was registered properly with the new agent

The op has a debt with provident. Provident can do what they like but the op has no obligation to deal with anyone but provident. The collection agency can say what they like but a firm 'fück off', do not contact me again or I'll call the Gardai should keep them away.(You can be nicer if you choose).Debt collection agencies have no powers in Ireland above that of a normal citizen.

TheBoffin

My advice would be to write a letter to Provident outlining the history since moving home and showing that you did genuinely try to sort the problem out.

Also include on the letter an amount which you can afford and pay every week or month (most likely your original payment amount) and request that they provide you with the details of who or where the payments should be made.

Chances are you will be waiting for a response from them, so I would advise opening a post office savings account or some other saving facility and put the payments into that from the date of the letter until such time as they co-operate with you.

Make sure you send the letter via registered post and keep a copy of the letter and postal receipt.

It is very important that you:

* Address the reason for arrears (e.g. nobody came to collect payment etc - keep it brief and to the point)
* State how you plan to resolve arrears (e.g. I am able to make payments of €x.xx starting from the date of this letter and ongoing each week/fortnight etc.
* Put the money in a place without a bank card (e.g post office or credit union) and treat it as money that you dont have. Between the delay in them replying and arguing, some weeks will have passed and you want to better the situation and not worsen it.
* State on the letter that you will NOT be engaging with ANY form of debt recovery service or agents appointed by Provident or otherwise.
* State on the letter that you have proposed a solution to the arrears and until such time as that is rejected with reason in writing, further attempts by any collection service on behalf of Provident will contract Provident to a €30.00 administration fee per instance as of (DATE) usually 5 working days after the letter is sent to be fair..

By addressing the arrears, making a new plan to clear the arrears, and demonstrating payment into a facility due to provident not collecting it, you are demonstrating your willing to put the situation right and no matter how far the threats go, you are in a good position.

Also NEVER let anyone into your home claiming debt collector or otherwise. Point blank refuse to deal with debt collection agencies. Tell them nothing, do not even excuse yourself or give them a reason, simply do not answer the door.

Hope all goes well for you!

dpofloinn

Ken

You are being quite selective here.If the the debt collection agency are the legal owners of the debt then they can pursue you by legal means to retrieve the outstanding debt.They cannot however, as you have correctly stated, harass or threaten you or members of your family,they do not have the power to seize goods etc. If they are acting on behalf of Provident and Provident still own the debt then they have no power what so ever.

The OP should make contact with Provident ASAP and find out the status of the loan

Ken.

No debt collection agency has brought a court case in Ireland. Its like clamping. If they tried a challenge a judge could screw them over. What happens in Ireland is the collection agency will try get money,fail,refer back to original debtor who will then take you to court.

dubstarr

Go to MABS and let them act on your behalf.Its the best solution.

dobsdave

I would talk to the loan provider first, if you are not happy or need further help then talk to MABS.

dobsdave

ken wrote: »

No debt collection agency has brought a court case in Ireland. Its like clamping. If they tried a challenge a judge could screw them over. What happens in Ireland is the collection agency will try get money,fail,refer back to original debtor who will then take you to court.

And in the case where the debt collector has bought the debt?

Fred Swanson

This post has been deleted.

keithclancy

I'd also advise to go to MABS.