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Hi all,

 

OK, so I admit it was a really bad move, but I took out a vanquis card :o(

 

The fact is, my personal circumstances have now changed from when I took the card out.

 

I saw a post on this site which I can't seem to find now asking for these details:

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

 

The Subject Access is not limited to my transaction history and it is not limited merely to 6 Years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

 

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully, @font-face { font-family: "MS 明朝"; }@font-face { font-family: "MS 明朝"; }@font-face { font-family: "Cambria"; }@font-face { font-family: "Gill Sans"; }p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0cm 0cm 10pt; font-size: 12pt; font-family: Cambria; }.MsoChpDefault { font-family: Cambria; }.MsoPapDefault { margin-bottom: 10pt; }div.WordSection1 { page: WordSection1; }

 

which they have now sent me.

 

it says that my "interest in the last 2 years" is £1246.91, when my credit limit is only £750.

 

It seems like the more I pay Vanquis, the higher and higher the amounts on the statements get.

 

Do I have a case to get the card written off with them? The card was taken out on 01/09/2005.

 

I would appreciate any help guys! I'm freekin out!

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Sadly the only way to get rid of it I know of is to pay it. This may mean going without or cutting payments on other things ini order to make as big a payment as you can each month. This is the only way you'll begin to eat into the interest being charged and begin to get rid of the debt. Probably not what you wanted to hear, sorry!

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1) Have you spoken to Vanquis and spoken to their team who can offer a suspension on interest and create a manageable payment plan? This is called an "arrangement to pay" and will be listed on your credit file.

 

2) The letter you refer to is called a "Subject Access Request"; the aim of this letter is to ask a company to release all of the information about your state of affairs with them which would include the original credit agreement (usually) although a section 78 request is the best way to obtain it and only costs £1 to do so.

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Vanquis dont honor section 78 of the consumer credit act, i had a letter stating that they are not required to provide me with a copy of the signed executed credit agreement.

 

they say and i quote"Please be advised that it is only necessary for us to provide the "signed Copy" of your agreement to which you allude, in a court of law should legal procedings be undertaken by us, and not at any time prior to this"

 

what do you make out of that then?

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Just ask them to read the CCA 1974 S77-79 which states under S78:

 

78 Duty to give information to debtor under running-account credit agreement.E+W+S+N.I.

 

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a)the state of the account, and

 

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3)Subsection (1) does not apply to—

 

(a)an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

(4)Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

 

(a)showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account

 

State that if they fail to comply this time you will either complain to the OFT to force compliance or direct to the courts ...... AND DO IT!!!!!!!!!!

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