Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like

Vanquis CCA Request


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5469 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi People,

 

I stupidly took out a vanquis card with a limit of £250 and an APR of 39.9%!!!!, Which apparantly I applied for online (can't remember it was two years ago)

 

Since then they have increased my limit up to £1000 but also hiked the APR to 49.9% which has crippling minimum

monthly repayments.

 

I sent them a CCA request and they have sent back a blank which doesn't have my name, original credit limit, APR or signature. It says 'We will set your credit limit and advise you' and 'You will be on Tier A, B, C, or D Interest rate (being different amounts)

 

Have they legally fulfilled the request or not as I don't think they have.

 

Thanks Chaps

Edited by mhenry9885
Link to post
Share on other sites

They have fulfilled their obligation under the CCA as they have provided you with a copy of your 'agreement'; however it is definitely not enforceable. The following is a response for the receipt of an application form & T&Cs but you could amend to suit you:

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

  • Haha 1

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Hi there,

 

Welcome to CAG. I'm sure you'll gain some good advice from our members.

 

 

Good luck and keep the thread updated as and when things progress.

Edited by supasnooper
duplicate info removed

 

Link to post
Share on other sites

Just had a phone call from Vanquis but this time they are calling themselves Impact Collection Services.

 

I told them that the account was in dispute and until Vanquis can provide me with an enforceable agreement, they may not pursue the balance. Her reply was

 

"I know what you are trying to do, you are trying to get away with not paying your debt..." and "You applied online and ticked the box which means you agreed to our terms and conditions"

 

I don't actually think I did apply online, surely they have to prove this first?

 

I asked for all future correspondance in writing and no more phone calls to which she replied

 

"Until you repay your arrears you will continue to receive phone calls from us"

 

I told her it's harassment but denied it was as I owed them money.

 

I think they will be getting an harassment letter.

Link to post
Share on other sites

I don't actually think I did apply online, surely they have to prove this first?

 

They have to provide an agreement, never mind prove you applied online - cheeky beggars!

 

I told her it's harassment but denied it was as I owed them money.

 

I think they will be getting an harassment letter.

 

Send the harassment letter, also keep a log of all calls received from them (whether you answer them or not).

 

BTW if you refuse to answer the security questions they ask, they can't pursue the conversation ;-)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Quick question with regards to enforceability.

 

Does a credit agreement have to tell me the exact interest rate which will be applied to an account or are they able to say it will be either A, B, C or D as they have done with me?

 

Thanks

Link to post
Share on other sites

The actual agreement must state the interest rate applicable at the time of signing the agreement. If you are unsure suggest you post up your 'agreement' with the personal details removed for CAGers to advise further.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

This looks like the T&Cs that would have been attached as part of your agreement & they, quite correctly, state the financial data; however there would have been a sheet with your name & address details & signature on it that is the actual agreement. On this it would prob. state which Tier applied to you & refer you to this financial clause in the T&Cs.

 

However to be enforceable, the agreement plus these T&Cs would have to form the same document i.e. these T&Cs couldn't have come from a later document & the OC would have to prove it so.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

It says the agreement is between Vanquis Bank Ltd and 'The Person signing this agreement and whose name and address is stated on the reply card or your application'

 

Would I be correct in presuming that this 'agreement' is unenforceable, I want to start bartering with them on a reduced settlement figure.

Link to post
Share on other sites

Have you got any other docs. other than those you've posted up already, mhenry?

 

Those you've posted are not an 'agreement' as under the CCA1974.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

It is headed 'Vanquis Credit Card Agreement and Full Terms'

 

 

If this is all they have, it is DEFINITELY not enforceable, it's T&Cs pure & simple, full stop.

 

If you haven't sent them the letter in Post 2 yet, amend it to reflect the fact that they have only sent T&Cs & send it Rec. Del, do not sign (print or use digital signature) Give them 10 days to produce an agreement with the prescribed terms & your details on it, preferably an exact copy with your signature & date on it.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

It should do but won't necessarily - even if you specifically ask for it :(

 

However if they then produced one at a later date as part of a claim against you, not only would they look pretty stupid, you could also claim they didn't comply properly with the DPA in that they did not supply you with all the information you were entitled to.

 

The only way to reliably flush it out is under the CPR31.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

No, you apply to see if you have grounds for taking them to court!

 

Suggest you read this thread carefully before you start down this route though - there can be cost implications.

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

  • 3 weeks later...

Got my SAR back from them today, what a surprise no credit agreement, or even proof that I applied online. Just advice to the call centre advisor saying 'ADV the cardholder that he applied online therefore he accepted the terms and conditions etc etc'.

 

Also, they haven't sent transactions so I cant even be sure that the amount they are pursuing is correct.

 

They have sent charges and interest information but as a complete sum and not a breakdown.

 

Guess it's a non compliance letter going in the post...

 

I'm going to ask them for some prepaid envelopes!

Link to post
Share on other sites

Hello all, sorry for hijacking, but I am useless at starting my own thread. The same thing has just happened me 2 days ago, I cca'd Vanquis, and they sent me a blank copy of an application form, 5 pages of current T & C's and a copy of new updates which was effective from February, which I never received in an original form. They never supplied me with statements - just a supposed current figure, and low and behold they reckon that they have complied to my request - what my letter stated was "A TRUE SIGNED COPY OF THE ORIGINAL DOCUMENTS" My colleague at work said thats like us sending a a blank headed invoice to a customer and demanding payment and expecting a payment from them - You have probably guessed the reply we would get. I am going to fire off a non-compliance letter as well, lets face it - if this lot threatened court action they would surely be full of s***

Link to post
Share on other sites

Hi

 

I don't know if this will help, but I too took out a credit card with Vanquis, and am at the stage where they sold the debt on and a summons has been issued.

 

I still had the original email they sent me with terms and conditions, so I don't know what date you applied online, but they may be similar to what you would have received.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/202646-cabot-financila-vanquis-cc.html

 

Incidentally, I am still waiting for copies of my statements (subject access request) from vanquis, but on the few statements that I do have, there is definitely something wrong with the interest calculations....

On a further note, I noticed whilst typing this post that the interest added on the statements doesn't seem to be correct, for example on the july statement it has an entry, Purchase interest at 3.653% per month £66.26 (presumably calculated from the outstanding balance) whilst the september statement has purchase interest at 3.673% per month, on a higher balance calculated at £64.44, and the october one has the same rate of interest at an even higher balance calculated at £62.96!!!! so there's definitely something amiss there....
My Husband had a Vanquis card at the same time and I've checked a few of his statements, and the same thing was happening on his,.... I'm not sure what you can do about it, but it might be something worth looking at.

 

best of luck.:-)

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

Link to post
Share on other sites

I sent off the " I can't believe it" letter to Vanqarse today after they sent me a copy of a blank app. form & T&C's, and told them the usual in dispute and don't even think about adverse entries on my credit file, when lo and behold, the postman dropped their following garbage on my door mat. - not just for me, but also my wife who has been paying her token £1-00 per month. I quote. Identical on both:

 

FINAL DEMAND - PRE IMPACT COLLECTIONS

 

Despite (note "SPITE") our previous letters (what letters???), you have failed to make a payment to clear the arrears on your account or make an arrangement to remedy situation.:confused:

 

Do not ignore this final attempt (we didn't know their was a first attempt) to set a suitable arrangement to clear your arrears. Followed by totally unacceptable amounts for a payment due.

 

There was never any problem with my wife, but they seem to have tarred her with brush even though she never cca'd them, but as a result I shall be doing that on her behalf.

They are also doing the old plum of legal action.

My reply today was "No signed document- No payment - If I sent them a bill would they pay up, I somehow don't think so, they would want proof of signiture, just like business deliveries, companies don't pay invoices if there is no order number or signed delivery.

 

I was sick of their high horse attitude so I put a default onto them, and basically told them that copies of their tactics are being sent to relevant bodies that govern them including the Credit Licencing Authority, and also as in Dispute, they are not entitled to pass it on to any, including in house collection agent, whilst there is a lawful dispute.

Well, thats off my chest - any comments most welcome.:grin:

Link to post
Share on other sites

  • 2 weeks later...

Sent cca for wife on 23/06/09 and letter came back 25/06/09 with postal order and a letter saying we are unable to trace an account at this address by this name. BUT, if you resubmit your request with the full name of the account holder and account number we will help you. The request should also be SIGNED by the account holder. What a load of utmost TRIPE.

I said to my wife, that if they can send you repeated threats to this address, then Methinks that they have no paperwork whatsoever, at least not signed. They want her to supply a signiture I fear so they can fraudulantly use it on so-called true signed copies.

 

What is even more hilarious is a demand for payment came for the two of us today, bear in mind my letter to them on the 13th June putting them into default for not supplying requested info, and that whilst in serious dispute, cease demanding payments on an alleged debt.

 

Any comments people.

Link to post
Share on other sites

the general advice I have seen on here is DON'T SIGN ANYTHING.... print your name...

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

Link to post
Share on other sites

  • 1 month later...

Going back to my original post...

 

I sent a SAR to Vanquis asking for copies of statements as I believe they have messed up somewhere because the balance is quite high. They replied stating that they do not have to supply statements as part of a Subject Access Report and I can obtain copy statements at a cost of £5 each!

 

Are they right?, I though the idea of a SAR is that they supply everything they have on me... It would cost a fortune to get copies of the statements going back 3 years.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...