Vanquis - full refund of all charges plus interest accrued **WON**

[vint1954]

Ok, one for the experts...in the absence of a speadsheet, I've attempted my own calculation of adding the interest, hopefully its correct!.....Vanquis charge an monthly interest rate of 3.991% so I've added to each charge a monthly commulative 3.991% interest rate from when the charge was put on the acccount, to give me an upto date figure that I should reclaim for each charge.....(I havent yet added 8% statutory interest yet)...Is this the correct way to get a true reclaim figure??

 

cheers

If you search for threads started by Banker rhyms with, he explains it all in a thread.

[surprise]

When Vanquis issued the default notice did you keep the envelop it came in? When I was having problems with them about reclaiming charges they sent me a default notice but the crafty so and so's back dated the date on the notice so that it came within the required 14 days obligatory notice but actually only gave me 7 days. I pulled them up on this and they withdrew it.

[ajpoolshark]

There was no date on the envelope, odd, also no date of issue on the default notice as well....I posted a scan on the 'anatomy of a default' thread, and feedback suggests it might well be non-compliant...I have made an interim payment on the account, but today recieved my copy of the SAR...What a complete load of unintelligble waffle!...pages and pages of imcomprehensible data!...The only things I can work out is that they have got the total amount of penalty charges accured totally wrong! and I've the account statements to prove it!...Also my understanding of a SAR is that its supposed to include credit agreements, whether online apps or written credit agreements, copies of statements etc...as you can probably guess, I've recieved none of those...can anyone advise me of my next step, is it time to take the plunge and start court proceedings?

 

many thanks

 

AJ

[ajpoolshark]

*bump* can anyone advise?

[surprise]

Write back to Vanquis and thank them for the documentation so far received but it is incomplete and list the documents you require as being outstanding. If they have exceed their 40 days state so, if there are some days remaining tell them that they have so many days to comply with your request. You could say whilst writing that you would like to point out that the default notice issued is invalid and as such you expect it to be removed from the CRAs.

[ajpoolshark]

Thank you Surprise...I'll get on it before the weekend....They still have 7 days to comply with the original SAR...I'm going to hold fire on the charges reclaim until I have all the documentation from the SAR to refer from (there are a few statements from 2006 that I cant find)...one question, if they havent sent a complete SAR within the 40 day period, does the account automatically go in dispute?

[surprise]

You need to complain to the ICO and explain that Vanquish have not complied with your SAR request. Say to Vanquish if they fail to comply within the given time it will leave you no alternative but to make an official complaint to the ICO. That worked with Morgan Stanley when I had problems getting the paperwork out of them and the ICO did get in touch with them as Morgan Stanley referred to it in their letter.

[hungrybear]

unfortunately they MAY well have complied with your initial section 77/78 request - to the strict letter of the law.

 

take a look here:

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

[hungrybear]

when did you take out the card - pre the 2006 amendment which came in april 2007 (I hope)?

[ajpoolshark]

when did you take out the card - pre the 2006 amendment which came in april 2007 (I hope)?

 

online in 2006, doesnt require signed CA as far as I know (distance selling regulations act 2004?)..I'm not challenging the CA, just wanted an accurate SAR containing all information and documents on the account..I'm challenging unfair penalty charges and needed a comprehensive list of penalty charges added to the account...They havent complied with that part. On the SAR, there is just one entry giving an overall total of the charges applied, and the figure they've supplied is way off the mark

[hungrybear]

Right,

 

I've had a read through. What has happened is that you've sent a CCA request, which I think they complied with in all likelihood. You've then gone on about CCA 78(6) dispute which I dont think is right anyway.

 

At this point, they get the hump because you are (most likely) wrong and they think you are trying to not pay so they start getting the hump big time - make sense?

 

That's my take on where your at from the limited knowledge of you I have from a few posts.

 

You dont say when you SAR'd them I dont think. Did you specify exactly what you wanted in the SAR? You need to write back and be explicit about exactly what information you want from them. Itemised statements from beginning to now showing ALL PPI payments, charges and interest as INDIVIDUAL transactions. Give the a further 7 days to comply, remind them you are legally entitled etc.

 

Yes, I believe you were mis-sold PPI so tick that off and vanquis have some ridiculous charges as well I think.

 

hope that helps

[ajpoolshark]

Right,

 

I've had a read through. What has happened is that you've sent a CCA request, which I think they complied with in all likelihood. You've then gone on about CCA 78(6) dispute which I dont think is right anyway.

 

agreed...I didnt realise at that time that it was applied for on-line, they confirmed this after I'd sent the 'account in dispute' letter....rendering the acccount not in dispute as they had complied with s78

 

At this point, they get the hump because you are (most likely) wrong and they think you are trying to not pay so they start getting the hump big time - make sense?

 

true to a point, I have paid 2 months of payments since, to stop the breach

 

That's my take on where your at from the limited knowledge of you I have from a few posts.

 

You dont say when you SAR'd them I dont think. Did you specify exactly what you wanted in the SAR? You need to write back and be explicit about exactly what information you want from them. Itemised statements from beginning to now showing ALL PPI payments, charges and interest as INDIVIDUAL transactions. Give the a further 7 days to comply, remind them you are legally entitled etc.

 

I sent the SAR letter from the CAG library, I didnt realise I had to add specifically add what information I required (you learn something new every day! )

Will do, they've still a week to comply

 

Yes, I believe you were mis-sold PPI so tick that off and vanquis have some ridiculous charges as well I think.

 

hope that helps

 

thank you

[hungrybear]

In theory a SAR should get you every bit of data with your details on it in practice companies tend to 'interpret' what you want. Usually revolving around ease of access to data and perhaps not wanting to show you anything that might be wrong - at least in enough to detail for you to know/prove its wrong.

 

So, if you SAR a bank for example very often all you get is a pile of statements. Vanquis have sent you summary information of everything they have which one a certain level 'complies' with a SAR. So you have to be specific then if they dont stump up you send an LBA giving them a further 7 days.

 

In your case I would give them the full time limit again from your 'new' letter, just to keep it simple.

[loverboy74]

Im going through same thing with vanquis they tried to say they do not have have to produce a signed agreement untill court??

I replied Dear Sirs,

 

With regard to the documents that you sent me in relation to my request for information under the Consumer Credit Act 1974, I am still waiting for the signed executed agreement. You seem to have sent me a somewhat recent copy of your terms and conditions and a very recent copy of an agreement form unsigned by anyone. I’m sure this must be an oversight, so I will ask you again for the proper documents.You also ask me to include documented evidence in future enquiry?? I am not sure what you mean by this and can only highlight you to the relevent law as below:

 

I draw your attention to section 61 of the consumer credit act 1974 (an excerpt enclosed for your perusal) in that

“(1) A regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.”

Be also advised that your statutory time period has elapsed and YOU are now in default and very shortly you will have committed a criminal offence. As you are now in default NO further action can be taken on this account until such a time as the original SIGNED EXECUTED documents are made available to me.

This account is still in dispute and I still forbid the passing of any data to third parties, if any data has been processed illegally since my last request I shall take appropriate action.

Further if you cannot supply the proper documents and you have entered any defaults against my name I require that you remove them immediately.

I shall be carefully considering my options and next actions.

I await your response.

[hungrybear]

IF you really want all the documents then you need to SAR or send them a cpr pre litigation request, there's a sticky in the legal forum. They have to supply original copies in response to that.

 

sections 60/1 will not help you get it.

 

Pretty sure the cut of for signed agreements is April 2007 after the 2006 amendment came into force. Anything before that must have a signature.

[loverboy74]

I just sent the above to vanquis after they claimed have fulfilled thier obligations by sending me a unsigned terms and conditions,

If my card is post 2007 am I on a looser?? I can still dispute the account on incorrect balance due to charges ,but at moment they say only have to produce signiture at court

[hungrybear]

post april 2007 = almost certainly a yes. And see my last post as the only two ways to get your contract before court.

 

But yes you can contest charges - best done AFTER they default you through

[loverboy74]

yes but they seem to think signiture is required with them stating only needed in court, so call their bluff lol failing that il uphold the dispute and all the gains that applies to that ie OFT rules whilst I argue the incorrect balance

[vint1954]

yes but they seem to think signiture is required with them stating only needed in court, so call their bluff lol failing that il uphold the dispute and all the gains that applies to that ie OFT rules whilst I argue the incorrect balance

For a CCA request under s77/78 they do not need to supply a signature, but it must be a true copy orf the agreement, that is a copy taken from the original document. If they have it, why not copy it and send it. Current terms and conditions are not adequate, however if they are saying to you that they have reconstructed the agreement as the original, but omitted signatures then that is OK, but go back to them with:

 

You assert that have supplied a true copy of my executed agreement in response to my requests under Section 78 (1) of the Consumer Credit Act 1974, insisting that the documents supplied are a True Copy of an agreement. This statement is binding on you, as per section 172 of the Act.

 

Section 172 states:

 

172 Statements by creditor or owner to be binding

 

(1) A statement by a creditor or owner is binding on him if given under-

section 77(1), section 78(1), section 79(1), section 97(1), section 107(1)©, section 108(1)©, or section 109(1)©.

 

This means that the documents that you have previously provided, are the only documents you may now rely on in any attempt at enforcing this alleged debt in the future.

As hungrybear has previously stated, they must supply a copy of the original agreement for an SAR or under CPR 31.16, prior to court action.

[ajpoolshark]

thread update...I recieved a letter from Vanquis today...It looks like a result..They've offered me a refund of £276 in their words "in order to bring this matter to a speedy and amicable resolution......sum represents the total amount of charges applied to your account"

 

I guess accepting this offer would mean I dont have the hassle of starting court preceedings...No interest on the charges has been offered, but hey, its a good feeling to see them finally cave in! :)

[loverboy74]

was this after they defualted you? I have ceased payment due them loading charges, balance dispute and non-compliant CA, they ignore my letters should I start a reclaim action? whilst in dispute

[vint1954]

thread update...I recieved a letter from Vanquis today...It looks like a result..They've offered me a refund of £276 in their words "in order to bring this matter to a speedy and amicable resolution......sum represents the total amount of charges applied to your account"

 

I guess accepting this offer would mean I dont have the hassle of starting court preceedings...No interest on the charges has been offered, but hey, its a good feeling to see them finally cave in! :)

A result of sorts and if you are happy with it then that is all that matters. They should pay back the interest charged though.

[ajpoolshark]

A result of sorts and if you are happy with it then that is all that matters. They should pay back the interest charged though.

aye, I havent accepted it yet though, I'm going to mull over it for a few days....although if Vanquis think I'm going to go away, they are sadly mistaken, because Round 2 is about to start, the PPI reclaim!

 

 

BTW, thanks Vint for your help and advice, its been very much appreciated!

[ajpoolshark]

Blimey, Just got my latest statement from Vanquis and they've added another £24 in charges!!

 

Needless to say, I wont be accepting their offer...Is the next step N1 app in court?

[hungrybear]

Blimey, Just got my latest statement from Vanquis and they've added another £24 in charges!!

 

Needless to say, I wont be accepting their offer...Is the next step N1 app in court?

 

No the next step should technically be this is what I want or I'll take you to court, you have 14 days; followed by an LBA address to a company officer - secretary / director giving a further 7 days THEN and N!