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Vanquis and Impact


ianfm
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If anyone can advise on this I would be very grateful. I asked Vanquis if I could set up a payment arrangement on my visa card account due to temporary financial difficulties, they completely ignored my letters and all I got was harrasing letters from Impact Collections which i understand is a subsidiary of Vanquis. I sent off a CCA request with a £1 payment to Impact but again i just got harrasing letters demanding full repayment or phone them on an 0871 number. I now have received a letter from Vanquis (not impact) with what they say is the executable agreement made up of the "terms and conditions" and the reply card pursuant to section 78(1) of the CCA 1974 credit card agreement regulated by the CCA 1974 (Agreement)"

 

The reply card is blank, no signatures of either party, no customer details, no date, it is just an application form with the credit card agreement detailing the key financial information. (copy attached)

 

Question is, does this satisfy the requirements of the CCA request? I did receive it in the prescribed time of 12+2 days, the request was was made to Impact (who are still chasing me) and not Vanquis. If not what steps should I now take?

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Hi,

While it does satisfy the requirements as they are allowed to send you a blank copy of your agreement it has to match the original agreement you signed. My thinking is that they would have had to look at your original agreement to find out what it looked like so why not send you a copy of it :? If you could post up a larger version, that would help

 

Having said all that, If there are no key terms on it:

 

APR

Credit limit or a statement saying one will be set

Repayment terms

 

Then it would be unenforceable

 

How old is the account?

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hiya Ian

 

I'm a new cagger myself and I wouldn't want to give you bad advice. I sent a letter to Vanquis, but haven't heard back yet. However if and when I do hear, if its a good result I will happily let you know. In the meantime ask some of the other guys in the forum for help. A lot of them, unlike me,:confused: know what they are talking about. But for what its worth, and from what I could see, your so called credit agreement, looks like mine, and I am pretty sure that mine is unenforceable. They sent an application form that hadn't any details on at all........completely blank, no name, address, packdrill, nothing,...... and definitely not a signature in sight!........oh and a copy of the terms and conditions......and nowt else!

 

If I get a reply, however, I'll let you know......good or bad. Meanwhile ask Vint1954 or Scot for help........they're in the place where you posted.

 

Good luck:)

 

Suze

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Hi,

While it does satisfy the requirements as they are allowed to send you a blank copy of your agreement it has to match the original agreement you signed. My thinking is that they would have had to look at your original agreement to find out what it looked like so why not send you a copy of it :? If you could post up a larger version, that would help

 

Having said all that, If there are no key terms on it:

 

APR

Credit limit or a statement saying one will be set

Repayment terms

 

Then it would be unenforceable

 

How old is the account?

 

i personally would not agree that a "blank application form" is acceptable as a true copy of an executed agreement

 

the omission of the signatures is a practical matter (unless it is a photocopy)

 

the true copy cannot be what the original "might have looked like" (ie:- a similar document from the same time- it has to be what it says on the tin " A TRUE copy of the original"

 

it therefore follows that if the person who makes the true copy is not making the copy from the original (ie it is in front of him at the time) then it clearly cannot be said to be a "true copy"

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Hi

Sorry I can't seem to get the image any better but all it is is an application for a credit card with key facts, no T & C's, there is a table of typical APR's based on a range of credit limits within the key facts and a place for an applicant to sign the application. I took out the card in 2006.

 

My real reeason for pursuing this is that Vanquis have just not bothered to respond to my request for a payment plan for just a few weeks and they simply just keep adding late payment charges plus interest. Instead of agrreing an arrnagement all I have are letters from Impact demanding repayment. It was Impact I sent the CCA request to and not Vanquis. However the so called true copy was sent from Vanquis and not impact, even though Impact are still chasing me for the debt and not Vanquis.

 

In that case then surely I do not have to deal with Impact because they did not prove to me that I have a debt with them.

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Unfortunately Vanquis are one of the worse credit card companies to deal with when in financial trouble. They will not accept reduced rates. Normally at the very mention usually issue a default notice. I would advise you to keep everything, even the envelope, from Vanquis. For some reason if they were certain they would win in court they would take that route but they don't they normally sell the debt on to a DCA.

 

If you put Vanquis into the advanced search it will bring up all the Vanquis threads and you will see the number of people that are getting nowhere with them.

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