Hamptons/Lowell vanquis card

[nigrob]

Hi , sent a CCA request to Vanquis bank re Credit card, no agreement sent back in the 12+2 + 1 month time scale.

 

What do i do now ????

 

please help..

[42man]

Did you send them the follow up letter (recorded delivery) and the +30 calendar days is no longer relevant, they remain in default of your request after 12+2 working days...

 

This is the next letter to send - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.html

[nigrob]

Hi , after sending Vanquis a CCA request i recieved to to say there was an enfroceable agreement.

 

I sent the letter about not passing on debt / using personal data but dtill i keep getting statements through the post.

 

They have now passed this onto 1st Credit DCA who are demanding payment .

What do i do now???

 

I thought that they would not pass this to DCA as there is no agreement..

 

 

Any advice please...

[supasnooper]

Send the letter below to 1st Credit

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As *** DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to *** DCA *** for resolution of these defaults and breaches, as *** Original Creditor *** cannot lawfully pursue any enforcement activities.

 

If *** DCA ***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

Yours faithfully

Print name do not sign

Amend to suit, send by Recorded Delivery

[nigrob]

Hi , many thanks supersnoopa , the letter is ready for posting..

 

If i continue recieving letters from Vanquis / 1st Credit what will be the next step ?

 

Brgds

 

Nicurro

[supasnooper]

I think the letter you are going to send will get them to go away.

 

Have you sent the Original Creditor a Subject Access Request letter to see what data they hold on you ?

[nigrob]

Hi , no we havent sent a SAR , just the CCA ..

[nigrob]

Hi , we have sent the account in dispute letter but we are still recieving statements from them , on the statement it says that they have passed the account to 1st Credit who will be intouch.

 

Should this have happened after we put the account in dispute ?

 

What should we do next????

 

Please advise

 

Nicurro

[42man]

Use the letter in post #4 as recommended, when 1st Credit get in contact, it is against the OFT's guidelines to pass on a debt whilst in dispute.....

[nigrob]

Hi , since we sent the letter as advised we have had no contact from 1st credit , we have however today recieved a letter from C.A.R.S about this matter .

Do we just keep sending the same letter to each DCA who contacts us or can we send this on to the Information Commisioner or who ?.

 

Please advise.

[42man]

SO CARS are a new DCA on the block....again send out the letter recorded in post 4

[nigrob]

Hi , i sent the letter , recieved a reply from CARS who say they will return this to Vaqnquis as they were unaware of the account being in dispute.

Should vanquis be passing this onto DCA's ?

[nigrob]

Hi , i have today received a letter from Hamptons legal on behalf of Lowell Portfolio for a debt with Vanquis bank.

The letter explains that they will search credit records , start court action etc if this is not paid.

Last year i CCA'd Vanquis , then as i received nothing i put the account in dispute.

Why have they sent this too Lowell / Hamtons while in dispute.

 

What should i do next as they are constantly phoning etc also .

 

Thanks

[dx100uk]

looks like you are on a phishing list

 

upto you really

 

you can CCA them or wait till they give up and pass it on again.

 

you could also fire off the telephone harrassment letter

but i find the more you write the more they pester.

 

dx

[42man]

Send this letter recorded to Hamptons / Lowells - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[Bazooka Boo]

Hamptons are lowlifes, you don't need to talk to them over the phone, use whatever colourful language you want and hang up, report them to the OFT/TS via Consumer Direct

 

And if they continue to harass you by phone, then report them to your local Police station for the criminal offence of Harassment, don't let them fob you off with 'it's a civil matter' it isn't ask to speak to a senior officer or preferably the duty inspector.

 

Protection from Harassment Act 1997 (c. 40)

 

And a complaint to ofcom about their misuse of the communications network Communications Act 2003 (c. 21)

 

Ofcom