Vanquis - What a nightmare outfit - Refused affordable payment - Issued undated Default - Passed to 1st Credit

[alfwithhair]

Wondered if someone could clarify a couple of points for me

 

After a Default Notice has been issued by the OC (Vanquis in this case)

Is the OC still allowed to send statements every month adding further interest and penanty charges (Over Limit & Late payment) even though a token payment is being made?

 

I await a your comments

Thanks

[harrassed senior]

They did with me, thats' not to say it is 'allowed'. When eventually passed to a DCA the current amount (with the interest added to that date) was/is the amount being chased.

[alfwithhair]

At this time this guys account is still with the OC and being chased by their in house numpies Impact,

who up to now have made no Inpact whatsoever, he just refuses to speak the the idiots.

The OC has being investigatng his complaint about this practice for a month, but no response thus far.

[Bazooka Boo]

I would tend to err on the side that yes they can, although will be very glad to be shown I'm wrong!

The account is still with the OC albeit in house muppets, therefore whatever agreement this relates to will have/should have in the T&C's something stating the charges and fees added in the event of, I believe it is only after an account has been terminated, OR it is in dispute, that no further charges can be added..

[alfwithhair]

Right, as you know I having been helping the guy up the road with this bunch of incompetant clowns.

 

He received a reply to his complaint (NOV 2010) about them not helping him to reduce the debt by banging charges and interest on. They are looking into it, they class it as 'an enquiry' presumably so they can says it does not come under their complants procedure, but he has still not received an outcome from them. They also say they enclosed a leaflet "Our commitment to you" but they didn't. see attatched

 

He told them he can afford £5 a month and has been paying this every month since September 2010. I told he to keep up the token payment, regardless of wether they accept it or not, but the guy is to say the least getting a bit pi**ed off watching the balance uncrease by a hundred quid each month.

 

They have now issued a Notice of Default and a Default Notice. The Notice of Default is dated 22 December 2010 but the Default Notice has no date of issue on it. It give a remedy date of 10 Jan 2011. They were both sent in the same envelope which has no postmark (TNT post with '1' wrote in pen on it, it arrived on 31 Dec 2010. see attatched

 

As you can see from the attched pics the amount of arrears is different on each £309 on the DN £425 on the NOD.

 

The latest statement shows they are still increasing the debt with interest and charges.

 

Is this Default Notice fully compliant?

 

I am looking for an angle here to make a further complaints to get some kind of reply from them. They are just not interested in helping this guy whatsoever.

 

As he says whats the point in paying a fiver for them to bump the debt by 100 quid each month, if it went to court they would be lucky to get a pound, poor guy is on income support. He did say that all the calls, texts and emails from Vanquis and their in house muppets Impact have now stopped for some odd reason, not had none since 20 Dec 2010.

 

I have dealt with some real A ole creditors is the past with my own problems, but this outfit takes the biscuit, they are so ignorant and appear to be deliberately inflating the debt prior to selling it on to some parasite DCA to get a few more pence in the pound for it.

[Bazooka Boo]

Just a very quick observation here, but if it has taken them longer than 8 weeks to resolve the original complaint, then he can escalate it to the FOS to investigate, and I believe that when he does this they are unable to continue adding interest and late payment fees? But I could still be in the Christmas spirit with that one?

 

It is clear that they cannot resolve the complaint themselves so a third party needs to intervene and cast a fresh pair of eyes on it. the DN and NOD are misleading, how is he supposed to know what amount he requires to pay when the DN is £100 odd quid less than what they quote in the NOD??

Classic example of a dire organisation not knowing what the hell they are supposed to do!

[harrassed senior]

This is a thoroughly demorolising situation, which does nothing to encourage anyone to make any effort whatsoever to honour their debts. It is about time creditors realised this and work with those with difficulties. Sorry I have no help to offer.

[alfwithhair]

Well the complaint was sent 11 Nov 2010 BB, so the 8 weeks are not quite up yet, but near enough.

The FOS is one fire to put the iron in shortly then.

 

As you so rightly say the DN & NOD are misleading

 

I agree totally SH, what is the point of making any form of payment to the likes of these incompetent clowns

[Bazooka Boo]

I think they are just getting themselves confused and the left hand doesn't know what the right one is doing! FOS will have a field day...

[alfwithhair]

I think they are just getting themselves confused and the left hand doesn't know what the right one is doing! FOS will have a field day...

 

Lets hope so, I would rearly like to make things arkward for this lot

[penmarine]

hi pal, when did you originally (hypothetically) get the credit card? and was it applied for online or in writing? I only ask as these munters have left me alone for a while now and I may be able to point in the right direction. PM

[alfwithhair]

hi pal, when did you originally (hypothetically) get the credit card? and was it applied for online or in writing? I only ask as these munters have left me alone for a while now and I may be able to point in the right direction. PM

 

He applied for the card June 2009 and it was an online application. (Silver Surfer)

 

He got £250 limit originally but they kept uping it every couple of months without him asking until it was £2K+, so like a plonker he used it to buy new things for the house and now can't afford to pay it back.

 

They obiously checked nothing when they gave it him as he hasn't worked in over 15 years and only gets IB & IS.

 

But he is in his 60's and never had nothing new for years and saw the opportunity for a new bed, cooker, carpets and a few other bits.

 

Can't blame him I suppose, temptation got the better of him

 

If you can give any further advice that would be great

[dx100uk]

why are you not reclaiming the unlawful fees????

 

go ge 'em

 

dx

[alfwithhair]

why are you not reclaiming the unlawful fees????

 

go ge 'em

 

dx

 

It is in hand

[penmarine]

Hi Alf was in a bit of a different situation, my debt was passed to 1st Crud but Vanquis kept heaped charges on even under them. Still not paid it, it's also AID and been passed to another DCA who's been chinned off. I applied online, no CCA but an application form. My argument was an application form and not a credit agreement, they've not been back in touch. Hope this may help. PM

[LostAtSea]

If I remember correctly the default notice must give 14 days from the date of service to remidy the default. If the letter is not dated and no proof of delivery exists then I think it might be defective. Also did the DN come with the current OFT default information sheet?

[alfwithhair]

The Notice of Default is dated 22 Dec 2010, but the Default Notice has no issue date on it only the remedy date of 10 Jan 2011

The NOD & DN have different arrears amounts.

 

Both came in the same envelope by TNT post no post mark and arrived on 31 Dec 2010. The OFT information sheet was enclosed.

 

If you look at the attached documents you can see what it dated and what is not.

[Bazooka Boo]

He got £250 limit originally but they kept upping it every couple of months without him asking until it was £2K+,

They obviously checked nothing when they gave it him as he hasn't worked in over 15 years and only gets IB & IS.

 

Well more fool them I say, this is exactly the reason why this country is in the position it is now, with the corrupt credit industry stuffing money into peoples pockets hand over fist without even checking if they would be able to repay it!

 

I thoroughly agree with his actions, after all why should he be frugal when they clearly weren't? I am in a very similar position myself, except mine is 15K on a CC, can't count the number of times I told the bank that I didn't want that credit limit and that I was going to be made redundant through disability, but still they ignored me, so in return I have a very expensive Gibson Les Paul guitar in my front room!

 

The most they will ever get off him, as he is on IS & IB is the token £1 a month, in fact I subbed to another thread on here where a DJ ordered an OAP couple to pay 50p a month!!

 

The term 'clutching @ straws' springs to mind, I don't think he has anything to worry about, it is their failure and lack of procedures that is at fault and should be investigated..

[alfwithhair]

Well they have been told on numerous occasions that the £5.00 offered and being paid is well in excess of what any court would award, but they just choose to ignore what is simple business practice, but then we are talking Vanquis here. Is only Provident in their suit and tie

[Bazooka Boo]

Then I would offer them £4 a month, & keep reducing it by a pound each time they refuse the offer until you hit the minimum token payment, or they get the jist!

[dx100uk]

tnt post is + 5 days to get into royal mail delivery system

then its treated as 2nd class mail , so thats another 4 days.

 

following rainer cae [ithink]

 

i would not rely on any DN or agreement arguements that its un-en.

 

pay them £1 PCM and get reclaiming.

 

dx

[Guest jsa12]

just look at the main web site,you can see what it is.

 

http://www.vanquis.co.uk/welcome

 

they did lend responsibly?,many of these bad credit rating cards don't carry out proper checks',capital one gave me £1000 and i was and still am on jobseekers allowance.

[jimbo45]

Hi there

I believe that in the case of Bank accounts that INTEREST CAN be added after the account has been terminated.

The only way interest can be stopped stone dead is if a Charging order is made -- then Interest is frozen.

 

I think CCJ's can also carry interest until they are cleared or converted into Charging Orders.

 

I hope I'm wrong but it's quite hard to get Interest payments stopped by using the law. You *might* be able to get the Bank / credit card company / DCA to stop interest payments if you can make a decent case out of the fact that you have very little money and the debt will NEVER be paid off iff interest is continually being added especially if it's at a high rate. This will be at the discretion of who is chasing you for money and we all know how evil and disgusting this whole industry is.

 

Logic might appeal to them however -- 7% of X for example is better than 0% of Y even if Y is many times bigger than X.

 

There's no hard and fast rule on this one --it probably depends on which muppet opens your mail requesting suspension of Interest.

 

Cheers

jimbo

[alfwithhair]

Well still no reply to his complaint, over 8 weeks now, so letter gone to FOS this morning.

See how long it take them to reply.

[Seminole]

I think you should advise him to reduce his monthly payments to the level that a court would require, i.e. £1. Given their total lack of goodwill, I don't see the point in him showing any.