Vanquis Telling xxxxxxxxx

[lovejoy]

Hello Caggers, I hope someone can help me on this from Vanquis

If I have put this in the wrong forum please forgive me.

I noticed from a statement earlier this year that PPI was being charged on my Vanquis credit card. I contacted them to dispute this and seek a refund. They requested 40 days to look into it and at the end stated that their telephone records showed that I had known about this when my application was taken over the phone.

This is where it gets silly because my application was taken out online and at no time did I know about PPI being added and neither did I apply on the phone or even talk to anybody regarding this.

At the time of my first complaint I stated quite clearly that I disputed the account and that I would not be making further payments until the matter was resolved. At this time I was not in any arrears and also within my credit limit.

Next stage was to SAR Vanquis requesting all the information and statements from my time with them I also specifically requested transcripts from any telephone conversations. My pack arrived today and in it there are no statements, no telephone transcripts, no signed documents of any sort from me, no sign of the original application in fact virtually nothing of use.

The balance on my account since the original dispute has increased by in excess of £200 and they have also added a default to my credit file.

I want to take these people to the cleaners, can anyone point me in the right direction and exactly what action I can take.

[ims21]

Hi

 

Is the 40 days for the SAR response up?

 

ims

[lovejoy]

The SAR 40 days expires on the 24th October so just 4 days left.

Also I have been getting numerous telephone calls on a daily basis from some dingbats who don't know their arse from their elbow and only insist that I must pay them.

I do try to point out the situation but get absolutely nowhere with them and have had enough.

What should I do next, do I give them a second chance to supply me with everything or just jump straight in and sue them, assuming of course that I have a case.

[ims21]

Hi

 

Its only 4 days so wait until the 40 days are up. They are then in breach of the DPA. At that point you would send a letter reminding them of their obligations and they have failed to comply. You would tell them that they have a further 14 days to comply since following that you will make a report/complaint to the ICO and may sue for non-compliance.

 

Is it Vanquis who are phoning you or some other outfit?

 

ims

[lovejoy]

I assume it's Vanquis, well they always say it is.

OK will wait for the expiry of 40 days.

Is there any recourse on the default I can take and is it possible to get a refund on charges?

[MARTIN3030]

Yes if they have not indicated that there is more to follow then it looks like non compliance.

If there is a Telephone number for the Data Controller maybe worth calling to clarify.

I have this number somewhere as I had the same problems.

In my case they offloaded the account to a DCA as soon as I raised a dispute.

 

You need to be firm and if they fail to comply fully,file an order for disclosure in the County Court.

[lovejoy]

There is no number on the paperwork sent today and as far as I know it has not passed to a DCA yet.

The address is Second Floor, 12 Arthur Street, LONDON EC4R 9AB and the guy is Michael McGuire from Legal and Complience.

[MARTIN3030]

I assume it's Vanquis, well they always say it is.

OK will wait for the expiry of 40 days.

Is there any recourse on the default I can take and is it possible to get a refund on charges?

 

If you know the amounts then you can send a prelim listing the charges and adding interest.

Same with PPI.

 

You should also file a complaint with the FOS ASAP as they are taking a hard line on those failing to deal with PPI complaints.

[MARTIN3030]

I will see if I can find the direct dial number I have for Vanquis DP office.

[lovejoy]

If you know the amounts then you can send a prelim listing the charges and adding interest.

Same with PPI.

 

You should also file a complaint with the FOS ASAP as they are taking a hard line on those failing to deal with PPI complaints.

 

Thanks Martin,

One of the reasons for the SAR was to get all statements so that I could see exactly what charges they have added and also cost of PPI but like I said they haven't sent anything that remotely resembles a statement.

Their online statements only go back three months and I have only ever had the odd paper one sent.

They are not the best at making life easy for their customers that's for sure.

On one day I would recieve an email stating my bill was due and there is zero to pay a couple of days later I get a text saying I'm over limit, very confusing.

If and when it goes to court I would like to bring all these things up.

[ims21]

Hi

 

Vanquis cards have a relatively high interest rate too.

 

If you claim back all of the unlawful charges and the PPI at a rate at least equivalent to theirs then you are in for a windfall.

 

As you say, the statements will tell you waht is what and you can then calculate your claim(s) properly.

 

Don't forget that the PPI claim is distinct from your charges claim, the two have differing approaches.

 

Regards

 

ims

[lovejoy]

Hi

 

Vanquis cards have a relatively high interest rate too.

 

If you claim back all of the unlawful charges and the PPI at a rate at least equivalent to theirs then you are in for a windfall.

 

As you say, the statements will tell you waht is what and you can then calculate your claim(s) properly.

 

Don't forget that the PPI claim is distinct from your charges claim, the two have differing approaches.

 

Regards

 

ims

 

 

Thanks ims, so I have to make two separate claims, one for PPI and the other for charges.

What can I do about the default? I'm sure I read somewhere on here that incorrect defaults can carry a hefty penalty for the company.

[ims21]

Thanks ims, so I have to make two separate claims, one for PPI and the other for charges.

What can I do about the default? I'm sure I read somewhere on here that incorrect defaults can carry a hefty penalty for the company.

 

Hi

 

Yes, two separate claims....for the charges it is likely that you will have to issue in court ( on the basis that they are unlikely to cough up easily).

 

PPI claims initially go to the lender with appropriate calculations and a completed fos questionnaire. They will have 12 weeks to give you a final decision and if you complaint is not upheld then you can refer to fos. There is also the court route open to you in which case you would set your own timescales for the PPI claim as well. Bear in mind that if you go to fos and lose, you can still sue in court but if you sue in court and lose then fos won't touch it.

 

You can issue for breach of DPA and damages are awarded at the courts discretion. The main thrust of a non-compliance claim is to force compliance. Exhaust the other avenues first i.e. reminder, complaints to ICO, final notice and then letter before action.

 

Regards

 

ims

[MARTIN3030]

Just be careful when filing the claims.They should be staggered.

The reason for this is that their legal teams may seek to have both claims merged in an effort to force it out of small claims.

This is something we have seen from others in the past and Courts have been minded to allow it.

[lovejoy]

Thanks again for the responses, very helpful.

So to recap,

1. Wait for the 40 day SAR to expire then file claim for non complience in Courts
   
2. Wait for that to be heard then when details have been supplied file a claim for PPI
   
3. Wait until this is sorted before starting a claim for charges
   
4. Then when I've won all these go for the throat with a claim over the default.
   

[ims21]

Thanks again for the responses, very helpful.

So to recap,

1. Wait for the 40 day SAR to expire then file claim for non complience in Courts
   
2. Wait for that to be heard then when details have been supplied file a claim for PPI
   
3. Wait until this is sorted before starting a claim for charges
   
4. Then when I've won all these go for the throat with a claim over the default.
   

 

Pretty much, yes but at each stage make sure the protocols you follow will demonstrate to the court that you have tried to be reasonable and settle the matters without recourse to them.

 

So for the SAR non-compliance, for example, make sure you do a 14 day reminder and then an LBA and then issue.

 

For the PPI the same....Prelim, lba and then issue (if you are going to bypass the fos route that is)

 

and so on.

 

ims

[lovejoy]

How do I get on if they fail to supply all statements, does that pretty much stop my claim or do I have to make up the figures for the courts.

[ims21]

Hi

 

Bear in mind you might not get copy statements but you should certainly get the transaction history.

 

If not it will make the charges bit very tricky hence the possible need to sue to force compliance with the DPA.

 

The PPI one can be calculated on an estimate of premiums given their non compliance. This can box them into a corner because if you put in a preliminary claim to them based on estimates, they will dispute it and to do that they will need the correct information. If they have that information and have not supplied it to you then there is 100% evidence that they are in breach of the DPA.

 

ims

[lovejoy]

Today (26th) LBA sent giving a further 14 days for compliance on SAR.

Still getting numerous calls on a daily basis, but I can cope with that in the full knowledge that they are digging the hole deeper everytime they call.

I have logged in excess of 200 calls since the account was disputed in June, dates, times etc. I have even recorded with Trucall a number of the important ones.

Looking forward to the challenge.

[MARTIN3030]

Their head of legal and compliance is (or was ) David Rodwell.

[lovejoy]

Their head of legal and compliance is (or was ) David Rodwell.

 

The name on the letter I recieved was Michael McGuire and the address was London.

I originally sent the SAR request to Bradford as per address on here.

They seem to move about a lot, the original address I found was in Milton Keynes and only recently moved everything to Bradford.

[MARTIN3030]

Yes its a little ambiguous. The address on their ICO licence will be the one to use.

[letsgetitsorted]

Vanquis` new registered office is

Name & Registered Office:

VANQUIS BANK LIMITED

NO. 1

GODWIN STREET

BRADFORD

WEST YORKSHIRE

UNITED KINGDOM

BD1 2SU

Company No. 02558509

 

hope that helps

[lovejoy]

Well I have given them a further fourteen days and when that expires (10th) what is the next step?

Is it straight to court for complience?

 

Just to add to that they have now passed the account to 1st Credit, quite what they hope to achieve I don't know.

[lovejoy]

Sorry to be a pain caggers, but I am trying to find the appropriate court letter for non compliance of the SAR.

It is probably me being blind but I cannot find it.

Can someone point me in the right direction?

 

 

Edit: Found the POC now

Edited November 10, 2011 by lovejoy