need help dealing with Vanquis bank please

[mickmackpaddywack]

Hi all

 

i was hoping someone could give me some advise about what to do about my Vanquis bank credit card. i also have a capital one card that i am having problems with. see here for capital one thread http://www.consumeractiongroup.co.uk/forum/capital-one/208671-being-harrased-capital-one.html#post2280351

 

as mentioned above, i have 2 card's... capitaL one & vanquis. until recently i had managed both of these cards fine. then along came the credit crunch & a 50% drop in my self employed income (no one using taxi's).

as a result of this drop in income, i have not been able to make any payments on either card for 3 months now.

i am also having problems with other debts including council tax and rent arrears, i have addressed the problems with council tax and rent first as they can mean jail and homelessness.

 

i have been receiving... correction ... been getting bombarded with phone calls from both companys, foolishly, i did speak to vanquis on one occasion (3 weeks ago) and agreed to pay them £75 per month (usual minimum payment + £25) although i have NOT made the 1st of these £75 payments due last week. i simply cannot afford it and only agreed to making it under duress. but having read through many threads on here I am now wondering if either CCA is valid.

 

am i correct in assuming that my 1st step with Vanquis is to send a CCA request, & the phone harrasment letter?

 

any advise greatfully accepted

 

Mick

[vint1954]

Hi all

 

i was hoping someone could give me some advise about what to do about my Vanquis bank credit card. i also have a capital one card that i am having problems with. see here for capital one thread http://www.consumeractiongroup.co.uk/forum/capital-one/208671-being-harrased-capital-one.html#post2280351

 

as mentioned above, i have 2 card's... capitaL one & vanquis. until recently i had managed both of these cards fine. then along came the credit crunch & a 50% drop in my self employed income (no one using taxi's).

as a result of this drop in income, i have not been able to make any payments on either card for 3 months now.

i am also having problems with other debts including council tax and rent arrears, i have addressed the problems with council tax and rent first as they can mean jail and homelessness.

 

i have been receiving... correction ... been getting bombarded with phone calls from both companys, foolishly, i did speak to vanquis on one occasion (3 weeks ago) and agreed to pay them £75 per month (usual minimum payment + £25) although i have NOT made the 1st of these £75 payments due last week. i simply cannot afford it and only agreed to making it under duress. but having read through many threads on here I am now wondering if either CCA is valid.

 

am i correct in assuming that my 1st step with Vanquis is to send a CCA request, & the phone harrasment letter?

 

any advise greatfully accepted

 

Mick

 

Yes, The first step is to send a CCA request to both companies. You will need to enclose a postal order for £1 with each request. They have 12 days plus 2 to respond.

 

How old are the accounts?

[PGH7447]

and dont speak to them

[cerberusalert]

am i correct in assuming that my 1st step with Vanquis is to send a CCA request, & the phone harrasment letter?

 

Yes. For the time being it would be wise to make token payments too, even if it's only a couple of quid each. That way it will show that you are not ignoring them or trying to run away from the debt, just that times are hard as is with a lot of people.

[mr.ton]

Council tax,rent etc.....are your priorities in tough times.....the likes of Vanquis can get stuffed.

[mickmackpaddywack]

hi again all,

i have had a reply from vanquis, it appears to be a copy of a blank application form, and several pages of terms titled

"Vanquis credit card agreement and full terms"

and another page titled "notice of variation - february 2009"

what do i do now?

Cheers

Mick

[harrassed senior]

Can you remove identifying information and post the app. form on here. I assume that the pages of terms etc and not actually forming any part of the App. Form, so it is unlikely to be enforceable.

[mickmackpaddywack]

i will try get it up here but i got no scanner im working on it

[cerberusalert]

If you have a digital camera you'll be able to take a decent image using 'macro-mode'.

[havinastella]

Hi Mick,

 

As in all requests made, they have probably complied with your request.

 

But there is no way in hell they will have one withyour signature on.

 

Stop paying them and ignore everything except for Court papers which you will defend.

 

Jogs

[vint1954]

Hi Mick,

 

As in all requests made, they have probably complied with your request.

 

But there is no way in hell they will have one withyour signature on.

 

Stop paying them and ignore everything except for Court papers which you will defend.

 

Jogs

This seems to be becoming the norm for CCA requests under s78.

 

The ccc's seem to have come up with a new idea, that they can send a blank agreement from the time, fill in a new one themselves or type up a new contarct, supposedly relating to that time.

 

The statute relating to a "True Copy" dates back to the 1800's when obviously there were no photocopiers or other devices. This meant that any copy had to be hand coppied as the only means of supplying a copy at that time. Also this is the obvious reason for there not being a requirement for signature or date. This is what the ccc's are relying on.

 

The office of fair trading has a take on this, in that it must be a "true copy" and not some reconstruction of what the agreement may have looked like. What the agreement may have looked like, is exactly what we are getting and we should not be accepting this.

 

In short, the intention is that you should receive a copy of your actual agreement ( technology has moved on ) and this is the view of the OFT. CCC'S are using this old terminology in order to circumvent sending out a real copy. The signature box and date are in reality, just a throwback to the 1800's, hand copying.

[mickmackpaddywack]

can anyone point me to the list of letter templates please, i cant find them

[Blondmusic]

These are the 2 letter template links i have for you.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

The Consumer Forums - Debt collectors

[mickmackpaddywack]

hi all

i have now recieved a letter from a company called impact (vanquis's in-house collection??) inviting me to contact them and make an offer of monthly installments. it says that interest and charges will be frozen if i make this agreement.

i am concerned that because i took this card out after the new regs came in that i will come unstuck if i don't sort it now.

as mentioned above, the reply i had to CCA request was a blank application form and some terms & conditions.

any advise as to whether i should try and form an agreement with them as offered in this latest letter?

Cheers

Mick

[mickmackpaddywack]

bump...

[mickmackpaddywack]

hi all

 

8 months since i had any hassle from these clowns... until today

 

i received a letter from a company called Cabot

this is the front of that letter

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010197.jpg

and this is the back

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010198.jpg

 

enclosed with the above letter was also a photocopy of a letter addressed to me allegedly from vanquis (which i have never seen before)

that letter is here

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010200.jpg

 

 

am i correct in assuming that my next move it to write to Cabot, informing them that this account with vanquis is in dispute and that vanquis have breached CCA regs in selling it on to a 3rd party. and also that this 3rd party would also be in breach of CCA regs if they where to make any attempt to try and collect / harrass me for this alleged debt.

if this is so, could anyone point me to a template letter for this.

 

Cheers

Mick

[Monty2007]

hi all

 

8 months since i had any hassle from these clowns... until today

 

i received a letter from a company called Cabot

this is the front of that letter

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010197.jpg

and this is the back

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010198.jpg

 

enclosed with the above letter was also a photocopy of a letter addressed to me allegedly from vanquis (which i have never seen before)

that letter is here

http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010200.jpg

 

 

am i correct in assuming that my next move it to write to Cabot, informing them that this account with vanquis is in dispute and that vanquis have breached CCA regs in selling it on to a 3rd party. and also that this 3rd party would also be in breach of CCA regs if they where to make any attempt to try and collect / harrass me for this alleged debt.

if this is so, could anyone point me to a template letter for this.

 

Cheers

Mick

 

Hi Mick

 

I have recently issued legal proceedings against Vanquis Bank for PPI, default and late payment charges and harassment. They have yet to defend.

 

They have already admitted that I never requested PPI and offered to refund it but with no interest, obvioulsy they have been charging me interest at 50% so we will see what the court makes of this, if it ever gets that far of course!