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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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, I want to make a case against providence. We took a look

Customer Question

Hi,
I want to make a case against providence.
We took a look from providence about 3 years ago and one of their agent took our record book away without returning it till date.(the record book is the only book that shows our weekly payment)but claimed he return it to my wife,which was a lie.
We have asked for lie detector test,time,name of the agent that return the books and date in which the record books was returned but haven't got an answer yet.
They have pass the collection to several law firm but still no concrete conclusion,and none of them can still provide the answer to our question till date.
I personally believe there is a fraudulent activity on the part of their agent that is why they have not been able to provide an answer.
We have be willing to settle these account but we can just pay without knowing the accurate amount we owe or we might have over paid through their agent.This is really disturbing our credit report and disturbing me mentally as i am on mental depression treatment at the minute .
I am willing to take them to court.
Please advice me on what to do.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you have other evidence of payment please?

JACUSTOMER-zoomwdef- :

Hi,Thanks

JACUSTOMER-zoomwdef- :

that is the only book we keep as our own record or evidence of payment.

JACUSTOMER-zoomwdef- :

the agent did not denial collecting them from me.he claimed to have returned it to my wife ,which was a lie.

JACUSTOMER-zoomwdef- :

That is where i am coming from.they have to produce the book before anything can be done.the can't confirm who,where and when the book was returned to my wife.

Alex Watts : Ok. So you don't deny you are in default, you have an issue about the book, is that right?
JACUSTOMER-zoomwdef- :

Hi,I don't think you are getting my point.

JACUSTOMER-zoomwdef- :

I must have over paid them as well ,the only book that can tell me this is with them.

JACUSTOMER-zoomwdef- :

if you have a bank account ,you need your bank statement to show all the purchases or all the activities that goes in and out of your account. likewise,this record book i am talking about.

Alex Watts : Ok. You have a record of what you paid. Have you asked for a statement or is the loan book the only evidence ?
JACUSTOMER-zoomwdef- :

the loan book is the only evidence.

Alex Watts : How much is owing do they say?
JACUSTOMER-zoomwdef- :

about £2530

Alex Watts : Ok. They said it has been returned and that is the only evidence of payment or non payment ?
Alex Watts : How do they reconcile payments then when they receive the cash, do you know?
Alex Watts : Or is the loan book the only way of them and you knowing what has been paid? What happens if you lost the rent book do they have no record whatsoever ?
JACUSTOMER-zoomwdef- :

The agent comes to the door and receives our loan books and money and fills in the records. The agent then confers with Provident. The only contact that we have with Provident is threw there agent we don't have any direct contact. The agent also had his own records of pour payments so other that the loan book there are also the agents records which he passes onto Provident.

Alex Watts : Ok. Have you asked for a copy of the records under the data protection act?
JACUSTOMER-zoomwdef- :

yes,they sent out one showing the amount of £2358 for myself.which i believe its wrong. until i have my loan book before I can know if I still owe them or they are the one owing me.

Alex Watts : Did they provide a statement with that?
JACUSTOMER-zoomwdef- :

yes,they did,but i can't confirm it because my loan book is still with their agent

JACUSTOMER-zoomwdef- :

yes,but i don't have my loan book to confirm.

Expert:  Ash replied 1 year ago.
Did they provide a statement with that?
Customer: replied 1 year ago.
Relist: Incomplete answer.
I want to make a case against providence.
We took a look from providence about 3 years ago and one of their agent took our record book away without returning it till date.(the record book is the only book that shows our weekly payment)but claimed he return it to my wife,which was a lie.
We have asked for lie detector test,time,name of the agent that return the books and date in which the record books was returned but haven't got an answer yet.
They have pass the collection to several law firm but still no concrete conclusion,and none of them can still provide the answer to our question till date.
I personally believe there is a fraudulent activity on the part of their agent that is why they have not been able to provide an answer.
We have be willing to settle these account but we can just pay without knowing the accurate amount we owe or we might have over paid through their agent.This is really disturbing our credit report and disturbing me mentally as i am on mental depression treatment at the minute .
I am willing to take them to court.
Please advice me on what to do
Expert:  Ash replied 1 year ago.
I need to know whether they have provided any statement, I can then answer your question.
Alex
Customer: replied 1 year ago.

yes,they did,but i can't confirm it because my loan book is still with their agent

Expert:  Ash replied 1 year ago.
Ok. If you have not paid what they say is remaining on what basis do you want to take them to court? As yet you have suffered no loss?
Customer: replied 1 year ago.

ok.

1)Their agent cunningly took our loan book and never returned it.

2)It has affected my credit score

3)Deformation of character against my wife .

4)its not fare on us as a customer to them.

or do u have to suffer financial loss to sue an organisation?

Expert:  Ash replied 1 year ago.
The loan book I dont think you have a claim for. It makes no difference whether or not the loan book as been returned.
As for defamation you need to be very careful. This can ONLY be a High Court claim and you are looking at £10,000+ to bring a claim for that. If you lose then you would have to pay your own legal costs and the costs of the other side. So potentially £10,000 each side and you can't get legal aid for this.
As for credit score, that is your best case. You need to apply to the court to amend your credit file.
Section 14 states:
If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.
You need to complete form N208
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
The court will list the matter for hearing and decide whether to make an order rectifying your credit file.
Can I clarify anything for you about this today please?
Alex

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