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izools

Vanquis Bank - Increased APR beyond what CA states

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Wondering what you guys make of this letter, is it OK?

 

All the details about the issue are in the letter... enjoy!!

 

... Not really concerned about the balance being waived, we're happy to pay it back at a reasonable rate, and the chap I wrote this letter for still can't get a credit card anywhere else and needs the protection a CC offers for online purchases, which he makes a lot of.

 

... Although, I presume, as I've written in the letter, that if they do dig their heels in we can just go down the "Right fine then, you broke the CA so we ain't paying" route?

 

To Whom It May Concern:

 

I am writing to you regarding your breach of Verbal Contract and your breach of the Credit Agreement.

 

When reading this letter I would like you to consider that as you have breached the credit agreement between you and I, by increasing my APR beyond what the Credit Agreement states as variable chargeable, the total account balance has been rendered unenforceable at law. My requests detailed below do not take this into consideration, and I am graciously allowing you an opportunity to correct your mistakes, as goodwill. The Credit Agreements states my APR as 19.9% to 59.9% variable.

 

I was told that the APR on my account is currently 69.9% when I called your company today.

 

The reason for my complaint is founded as follows:

 

I have been a Vanquis customer for nigh on two years

During this time I have never missed a payment, I have never breached my credit limit, and I have ensured to pay well over the minimum payment due on every single occasion

I was unable to use my blue “Classic” card toward the end of January this year

I placed a phone call to your company asking why my Classic card was being declined

I was told, in no uncertain terms, on this phone call at the end of January, that:

1) My credit limit had been increased to £1,500

2) My classic card had been canceled and a Gold card issued on the account

3) My APR had been reduced to 39.9%

At no point throughout my account history have I ever been charged 39.9% APR

Historically, statements show that I have in fact been charged more interest than the APR suggests

You have breached the verbal contract made during the phone call at the end of January by never applying a 39.9% APR to my account

You have breached the Credit Agreement by increasing the Variable APR to 69.9% when my credit agreement clearly states that my APR is Variable between 19.9% APR and 59.9% APR

 

I have taken the following actions in an attempt to resolve and / or prevent the issue:

 

Nearly every month I have placed a call to your company asking why my APR has not been reduced

I have, with the assistance of my partner and father, looked over all of my statements and calculated, that the interest charged, equates to more than the APR printed on said statements

I have advised you of this on multiple occasions, the first of which was in February

I have been advised by your colleagues that my complaint is being looked into

When I called your company today I was told that one complaint, raised in June, was arbitrarily closed with no response

 

I expect you to take the following actions to resolve my complaint:

 

Reduce my APR to 39.9% in line with the verbal contract made with myself in January

Recalculate all interest charged since 10th February 2009 and make a credit back to my account reflecting an APR of 39.9% from that date

Provide a written, detailed, account of your justification for:

a) not decreasing my APR to 39.9% in line with what was agreed at the end of January

b) Increasing my APR to 69.9% APR despite my running the account flawlessly

c) What actions you are taking to ensure that this issue never arises again

Provide a good will gesture, of your choice, in light of the incompetency of your staff

 

My partner is sending you a letter under separate cover, confirming his witnessing the conversation I had with your company in January during which Vanquis and I entered into a verbal contract re: 39.9% APR.

 

The Royal Mail Recorded Delivery tracking number of his letter is: BR742708616GB

 

It should be noted, that whilst the outstanding balance is disputed you are tied to several obligations:

 

You must suspend interest being charged on my account until the dispute is settled

You must cease processing data with the Credit Reference Agencies until the dispute is settled

You must not refer my account to a Debt Collection Agency until the dispute is settled

 

I also note my obligations and rights which I will carry out whilst the account is in dispute:

 

I will cease using the account for transactions, you may stop my card

I am under no obligation to make payments to the account, however I may continue to do so as nothing more than a goodwill gesture. My making payments to the account should not be considered as agreement to liability for the entire balance, as stated it would be nothing more than goodwill

 

It should be noted that the above obligations are enforceable at law, and that:

 

Continuing to process data with the Credit Reference Agencies constitutes a breach of the Data Protection Act, in so much as you are not processing my data fairly or accurately (as the data / balance is in dispute and inaccurate)

Referring my account to a Debt Collection Agency constitutes a breach of the Administration of Justice act as you would be initiating proceedings that may result in action being taken against me through the courts, based on false presences, non bona-fide information, and a disputed account

 

I expect this complaint to be settled by carrying out my reasonable requests, within a reasonable timeframe. Failure to comply with my reasonable requests and your lawful obligations may result in action being taken through your governing body (Financial Services Authority), the Dispute Resolution body (Financial Ombudsman), and / or the courts, depending on which is appropriate.

 

Your full and final response should be issued in writing to my account address within 28 days.

 

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Anybody able to comment on my approach to the problem?

 

Would I better asking them to write of the whole balance in light of the CCA breach?

 

I don't think I can do a Credit Agreement request and seek a judgment in respect of rights of parties, as the credit agreement was signed online...

 

... Any advice atall?

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Can anyone PLEASE confirm for me, with Vanquis increacing the APR without giving an opt-out, have they breached the credit agreement?Is the complaint founded in law?Have they now made the debt unenforcable?The credit agreements states the APR as variable between 19.9% and 59.9% but they have said it is 69.9%

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Why isn't anyone replying?

 

All the other threads have had countless updates since I OP'd.

 

We are seriously considering trying to get this written off but I really need someone to advise if there is legal cause to seek a declaration of non enforceability, and some hints and tips on how to handle the complaint from here on in.

 

If I'm not welcome on these forums just tell me to sod off!

Edited by izools

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