cabot/restons Claimform - Vanquis Debt***Claim Discontinued***

[letsgetitsorted]

hi there

after i have asked for the cca and not received it and the done a DSAR and still not received the agreement. and having exchanged many letters, that still got nowhere, today a default notice turned up.

 

any advice on this one would be greatly appreciated, thanks in advance

[kiptower]

they are too small use something like PHOTOBUCKET to put them up ( its free ) there is somewhere on the forum a tutorial on how to use it by Bookworm I think

[letsgetitsorted]

try this one

defaultedited.jpg picture by letsgetitsorted - Photobucket

[frettful38]

try this one

defaultedited.jpg picture by letsgetitsorted - Photobucket

 

Hi LGIS, [short for letsgetitsorted],

 

My Default Notice is similar to yours. I received a lot of help on this thread which I believe you could too. I posted the link below. The default notice does not appear to have the creditors address, is missing prescribed text and does not appear to be dated.

 

(the date on the accompanying separate letter dated is NOT acceptable as a date for the purposes of the default notice, which is a stand alone document

 

in short it's pants

 

any demand for payment in full of the outstanding balance of the account thereafter would be an unlawful repudiation

 

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-64.html

 

What date is written on your Default Notice?

[letsgetitsorted]

Hi Fretful

thanks for your input on this on, the only date is on the covering letter of which is 15th April.

having received the notice yesterday 14days takes it to 3rd may which is a bank holiday so would this mean that the actual date for rectifying the breach would actually be Friday 30th

[frettful38]

Hi Fretful

thanks for your input on this on, the only date is on the covering letter of which is 15th April.

having received the notice yesterday 14days takes it to 3rd may which is a bank holiday so would this mean that the actual date for rectifying the breach would actually be Friday 30th

 

Hi LGIT, I suggest that you post up your questions on the

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

 

you will most definitely get so much help and advice to your questions as I did.

[letsgetitsorted]

Can Anyone give me some advise on where to go with this one.

 

I asked Vanquis for my for my signed credit agreement last year, never received it,

done DSAR this came back incomplete.

 

finally they defaulted the account on the back of a dodgy DN, and then a few days ago sold the account to Cabot.

 

who are now asking for the Balance of which £700 were charges added whilst the account was in serious dispute,

not only that they, are adding 12% interest.

 

so what will be the best way to deal with these muppets who purchased a debt that was in serious dispute.

all and any advise will be greatly received......THANK YOU

[firstship]

Letsgetitsorted.Hi I guess you sent your CCA request by recorded?

 

The SAR you say came back incomplete,can you tell us what was missing.

 

As the account was in dispute and the CCA and SAR did not produce an agreement or a reconstituted version of the agreement and no T&CS then advise Cabot that they purchased a debt that was in serious dispute,and they are well aware, OFT guidelines clearly state this must not happen,and suggest they return the account to Vanquis.

 

Being Cabot they will give you a load of reasons why they shouldnt,if this happens come back and we can help with the next move.

 

Regards FS

[letsgetitsorted]

Hi FS

The CCA was missing not even a reconstituted one,

 

they sent their latest terms and conditions and not the one for when the account was activated,

no statements or account transactions, no copies of any and every letter i sent them,

 

no terms and conditions, no records of calls that i made to them, no breakdown of charges and interest..

 

....so in all quite a lot missing..

 

..they sent one set of info that included a sheet that said repayment protection insurance,

 

this was crossed out and had written in was repayment option plan..

 

..however they sent another set of the same that included a sheet that said repayment protection insurance.

so not only where charges in dispute but so where the payments for the insurance.

 

..vanquis then sent a DN which wasnt a valid one, mine is exactly the same as this on bare the amounts.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287353-Vanquis-What-a-nightmare-outfit-Refused-affordable-payment-Issued-undated-Default-Passed-to-1st-Credit&highlight=vanquis+default+notice (thanks to alfwithhair for posting his up).

 

there we have it FS where too from here....i was actually thinking of sending Cabot a DSAR to see what they come up with.

 

cheers for you help.

lets

[biggeorge]

Think Vanquis may have been selling on some old debts as I just received a letter from Cabot

for an old Vanquis account too.

 

That was also in dispute from last year for no cca, just a blank application form.

Looks like Cabot may be buying donkeys again.

 

George

[nicklea]

Can Anyone give me some advise on where to go with this one.

 

who are now asking for the Balance of which £700 were charges added whilst the account was in serious dispute, not only that they, are adding 12% interest.

 

There's absolutely nothing wrong with them adding interest and charges to an account despite you believing that there is a 'dispute'. Can I ask what makes you think that they can't do this?

[nicklea]

As the account was in dispute and the CCA and SAR did not produce an agreement or a reconstituted version of the agreement and no T&CS then advise Cabot that they purchased a debt that was in serious dispute,and they are well aware, OFT guidelines clearly state this must not happen,and suggest they return the account to Vanquis.

 

firstship,

 

Sorry but you are mistaken on this point. Selling a debt is NOT debt collection, it is merely the sale of a debt.

[firstship]

nicklea you are probably correct as the debt has been sold rather than a DCA acting for the OC.Need to check this with OFT

 

 

Lets do the same thing that you did with Vanquis CCA and SAR Cabot,Vanquis could not comply so there is a good chance Cabot cannot either.

 

Regards FS

[letsgetitsorted]

Hi Nicklea

 

 

when the account went into dispute i was paying the minimum payment,

 

but charges where loaded and loaded and loaded some more on top of that the interest rate went up as well as their "repayment option Plane" PPI.

 

so dispite paying i was getting charged more and they took the bare minimum to make sure more charges where added..

 

. so yes too right i think they are in the wrong.

[firstship]

Lets,Hi,been giving your thread some thought today.Cabot purchased the debt from Vanquis while this account was in serious dispute.So Cabot have purchased the debt,the dispute and the charges that where made unlawfully(or in contravention of OFT guidelines}

 

This being the case(remember Cabot have paid peanuts for this debt )TRY telling them in writing just that,and that you have no intention of paying any further money until the dispute(name all those items that are missing the agreement etc) and the removal of all charges and interest.Might be lucky to get all these items,

 

In my thread line NO7 I said CCA and SAR Cabot,DO NOT do this you have paid once

 

Wish you all the best FS

[letsgetitsorted]

Hi FS

well i sent Cabot an email outlining the situation, they sent one back saying they will get all the paperwork from Vanquis, may take upto to three weeks.

so we shall see.

will leave the DSAR or CCA request for now

[firstship]

Lets ,good things are moving,lets see what the result is,at the present just wait,as they have acknowledged it will take time,then you do not have to pay,been having a very similar chat with Godmother over Cabot on another thread

 

regards FS

[The GodMother]

U need statements mainly and the CCA. Basically the statements will help u claim back any PPI and charges.

[letsgetitsorted]

hi Godmother thanks for your input, i have been trying to get the CCA and Statements/transaction list from them since january last year. lets see what Cabot have to say.

 

cheers

Lets

[firstship]

Lets remember you paid Vanquiis for the info,you put them in dispute so Cabot purchased the debt so they need to comply and they have confirmed this in their email reply.Got to say Cabot are not the best with the speed of their replies,just dont pay them and make it clear why.I think you are at this point anyway

 

regards FS

[letsgetitsorted]

Fs.

indeed i am,

 

this all started in October 2009 when i received a county court claim from cohen,

 

that panic me bit, but with the help from here and all those who had been in a simmular situation

 

i managed to sort it and the debt got wiped and my credit file entry amended,

 

hence followed guidance and requested all of my CCAs and so far none have come up trumps.

 

the easiest i had to deal with was Lowell they sent a bill i asked to prove the account and supply CCA,

they couldnt account closed credit file amended took all of about 7 weeks,

and this was all down to the great advise from everyone here.

....THANK YOU..

....so i will not let Cabot get the upper hand, even if they come up with the CCA, the account was closed on the back of a Doggy DN.

 

..not to mention the charges and PPI whilst the account was in dispute.

 

....i will keep you updated on this..

..see where it leads.

 

...Many Thanks for you support always appreciated.

[The GodMother]

Are you saying this is ALL for the Same account or different ones?

Also remember Cabot are NOT obligated to provide the information u are missing Vanquis is. U can make a formal complaint to the ICO re the lack of info in the SAR. Also u can start legal action against them for it aswell. tho the legal action maybe the quickest the courts can order u pay the cost of the other side. I know when l made a complaint over the phone and requested info they were 18 months behind and was advised court action might be quicker.

 

I would fire off a complain to the ICO this is there website. http://www.ico.gov.uk/

[letsgetitsorted]

Hi GM

No, it was for 2 other accounts,

I am going to see what Cabot have to say when they come back to me. but in the meantime i will contact ICO, Ta for the link, and also FOS to tell them of the shinanigans that Vanquis have been upto.

see what happens there.

[letsgetitsorted]

hi All

Well this is what i have just had back from Cabot

Any thoughts anyone.???

 

[quoteFirstly, I note your concerns relating to your previous Subject Access Request ("SAR"), which you state was made to Vanquis, the original lender. I note from our records that we responded to advise you we have contacted Vanquis to investigate your concerns and upon receipt of their response we would contact you again. Vanquis have confirmed that your SAR was fully complied with on 10th March 2010. In addition, they have advised that you previously made a request for information pertaining to your account, pursuant to section 77/78 of the Consumer Credit Act 1974 and the relevant information was sent to you on 31st December 2009. As a result, Vanquis no longer consider your account to be in dispute.

 

As you are already aware, a SAR is made in accordance with the Data Protection Act 1998 ("DPA") and as such, Vanquis' legal obligation under the DPA is to provide you with all information they hold on their files and relevant filing systems. Therefore, with regards to your comments relating to documentation that was missing from your SAR, if this information was not held on file, then there would be no requirement to include this in your SAR. In light of this, should you remain disatisfied with the informaiton that Vanquis has provided regarding your account, I would request that you refer this matter to them directly.

 

In addition, I note your SAR to Cabot Financial (Europe) Ltd ("Cabot"). However, in order for us to proceed, we require a payment of £10.00, which is the statutory fee for this request. Therefore, please forward your cheque or Postal Order made payable to Cabot in order for us to continue and upon receipt of the same, we would be happy to supply you with the information that you have requested. However, I must reiterate that should Cabot not hold a copy of your credit agreement or terms and conditions on file, then this information would not be included in your SAR. Furthermore, Cabot does not hold details of any Payment Protection Insurance ("PPI") on file, as we are not the original PPI administrator. Therefore, we recommend you specifically request the same from Vanquis, should you still require this information.

]

[The GodMother]

So now part of the STANDARD account information kept on file and in the relivant filing systems DOES NOT include payment made lists of charges etc. ROLEX.

Vanquis have to supply you with all this info and if they dont the ICO can make them supply it and can compense you for not doing it.