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    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Vanquis being unreasonable


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TS and the OFT have more teeth if they're pushed though and quote the OFT guidelines and the CPUTR 2008 to them ;)

 

Thanks BB,

 

I have received another letter today from Credit Account Recovery Solutions Limited. Vanquis have sold my debt on to another DCA without informing me. Vanquis have already instructed Cabot with this debt. I have sent a complaint to the FOS and I am awaiting for their response. Should I inform the FOS that Vanquis have sold my debt on to C.A.R.S?

 

This is the letter I received today.

HOME AGENT CALL

 

Dear xxxx.

 

 

WE WILL BE ATTEMPTING TO CALL AT YOUR HOME PREMISES WITHIN THE NEXT 10 DAYS TO ESTABLISH REASONS FOR NON PAYMENT OF THE ABOVE ACCOUNT

 

ALTERNATIVELY, YOU CAN AVOID THE ABOVE ACTION BY TELEPHONING 0844 88 00 880 AND ARRANGING PAYMENT WITH ONE OF OUR TRAINED ADVISERS, OR UTILISE THE ONLINE PAYMENT SYSTEM, DETAILS ARE BELOW.

 

SHOULD YOU BE IN DISPUTE WITH THIS ACCOUNT, PLEASE CONTACT US SO THAT WE MAY HELP YOU RESOLVE THIS.

 

Yours sincerely

 

 

My god they have written to me in capital letters. The FOS have logged my complaint, any ideas on what I should do next please anyone?

 

Thanks to all in advance.

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I would send them the Doorstep Calling letter. Put copies to OFT and FOS put your reference by the FOS - this will show them that the is a dispute - also send the letter received to both OFT and FOS. If someone doesn't put the letter up for you I will try and look it up for you, I know if anyone has it, BB will.

 

A soon as someone shows they have a financial problem with Vanquis they offload as quickly as possible.

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Well if CARS are threatening a doorstep visit then you should still send this as advised. If Cabot have written to you then tell them that Vanquis are subject of a complaint with the FOS - send a copy of the letter to them from the FOS. Also send all paperwork to the FOS and OFT.

 

Thanks surprise, I will do as advised. Is not the OFT and FOS the same people? I sent my complaint against Vanquis to the FOS, and I will inform them of the letters I am receiving from CARS.

 

I will post them everything on Monday recorded delivery. I have not been contacted by Cabot, I think they know that I have sent a complaint against them to the FOS

 

ta

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Wait for Cabot to contact you then send a copy of the FOS acknowledgement letter. FOS is the right place for your complaint to be dealt with but you should also complain to OFT as they are breaking OFT Guidelines on Debt Collection. Whilst OFT don't actually do anything all complaints are logged for any future action.

 

Any correspondence you now receive from anyone should be forwarded to the FOS.

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Wait for Cabot to contact you then send a copy of the FOS acknowledgement letter. FOS is the right place for your complaint to be dealt with but you should also complain to OFT as they are breaking OFT Guidelines on Debt Collection. Whilst OFT don't actually do anything all complaints are logged for any future action.

 

Any correspondence you now receive from anyone should be forwarded to the FOS.

 

Thanks surprise

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My wife is having problems with Vanquis also. We requested a copy of her CCA from 1st Credit who were originally acting on their behalf. They placed the account on hold until they received the details from Vanquis, but in the meantime...Vanquis passed the debt to CARS to collect. We informed Vanquis (sent copies of letter to 1st Credit & CARS also) that they were in breach of the OFT Debt Collection Guidance:

 

Physical/physiological Harassment

 

2.6 Examples of unfair practices are as follows:

 

a) using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties

 

e) not informing the debtor when their case has been passed onto a different debt collector

 

To date we have only received generic terms and not a proper CCA. Note that the account is post April 2007 also.

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My wife is having problems with Vanquis also. We requested a copy of her CCA from 1st Credit who were originally acting on their behalf. They placed the account on hold until they received the details from Vanquis, but in the meantime...Vanquis passed the debt to CARS to collect. We informed Vanquis (sent copies of letter to 1st Credit & CARS also) that they were in breach of the OFT Debt Collection Guidance:

 

Physical/physiological Harassment

 

2.6 Examples of unfair practices are as follows:

 

a) using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties

 

e) not informing the debtor when their case has been passed onto a different debt collector

 

To date we have only received generic terms and not a proper CCA. Note that the account is post April 2007 also.

 

Thank you the lion for that information, it is very useful, how far have you got with Vanquis?

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The last thing we did was to dispute two points:

 

1. That the rubbish they sent was an 'executed agreement'.

2. To inform them that my wife has never given them her permission to process her data.

 

Their reply (which came on 03.11.09) to point 1 which sort of confuses me was:

 

"With regard to meeting your request under Section 78 of the Consumer Credit Act. We are required only to provide you with a true copy of the executed agreement. We are not however, required to provide you with a copy of the executed credit agreement between us in the form of a photocopy of that document. Please be advised that it is only necessary for us to provide the "signed copy" of your agreement to which you allude, in a court of law should Legal proceedings be undertaken by us, and not at any time prior to this"

 

...and point 2

 

"In reference to your comments in relation to Section 10 of the Data Protection Act 1998, please be advised that it is our belief that you are not entitled to serve such a data subject notice. This is on the basis that you have already given valed consent to the processing of personal data when entering into the agreement as provided in the data protection notice on the application form and the cards terms and conditions. The processing is necessary for the performance of the consumer credit agreement to which you as the customer are a party and have enjoyed the benefits. We therefore feel that the processing of the personal data was legitimised by more than one of the requirements under schedule 2 of the DPA and the right to serve a section 10 notice does not therefore apply"

 

The rest of the letter states that they have a specialist team who will help if you are in financial difficulities. At the moment we are debating upon what to do next. Hope this helps...there's probably alot of us in the same boat :)

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  • 11 months later...

Vanquis Bank and Impact collections are just a joke, they do not understand that if you are in financial diffficulty that you cant just magically make money appear as they insist.

I really do think they live in another world, where you just wish for money and it appears.

Of course in the real world this just doesnt happen! I have made them offer after offer and have submitted financial statements, but they always just want what you havent got!

I think its time we all stood up against them and there bullyboy tactics, they should be regulated. And someone should stop them performing in a way which in my opinion is lawless.

Any ideas.?

I have been trying to set up a payment plan with Vanquis for nearly three months and basically I am quite annoyed how long they are taking. I sent a cca to Vanquis in Feb 09 and I opened my account with them online in Oct 08. They sent me back a few sheets of terms & conditions. They admit they do not have a hard copy, or an on screen shot of my application. I applied by ticking the box.

 

My intentions are not that I do not want to pay the debt back, but the interest & charges they are applying are quite ridiculously high. I wrote to them in Nov 08, did not send r/delivery, and asked them to cancel my repayment option plan. They did not cancel and kep appying it. In total I have added late penalties charges made of £12 and repayment options plan payments and all have come to a total of £160. I have asked Vanquis to take this sum off the total I owe which is roughly £650, then I will agree to pay them x amount each month. I have sent them an income & expend form and they can see that my outgoings are more than my incomings.

 

They have agreed to take off £82 in charges off my account and they said they cancelled my repayment option plan last month when they should have cancelled it in Nov 08. All I want to do is sort this mess out a.s.a.p. but I want them to accept they have to take off £160 and not just £82. Any ideas what I should do please.

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Vanquis are just a joke

I am helping a neighbour out with them

She owes 2k to them and since her husband died recently cannot afford the min monthly payment.

I wrote to them with details of her income, offering them £5 per month and asking if they could freeze the interest and penalty charges.

She has not had any pestering phone calls from them or letters demanding money which seems odd.

After 4 weeks they wrote back saying, yes we agree to you reduced repayment of £58 per month and will reduce the interest rate from 2.85% per month to 1.99%

 

Recent statement she received has more charges and more interest

 

I have written back asking what are they on about, but heard nothing back

 

Absolute planks

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