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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
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Quick question caggers, is it possible to add a small claim for costs incurred on the N1 POC Form.

I know it shows it on the form but wondered if it was wise to do so.

I wish to add for time taken to deal with this court claim, I am self employed and time taken away from my business is money.

I thought something in the region of 4 hours at a sensible rate would be appropriate.

Any advice on this is much appreciated.

 

Do I also need to list which documents have not been supplied on the claim form?

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I have a credit card from vanquis bank- granite.

 

I have paid just slighltly more than the minimum required for the last 2 months. Quess what- when they add interest it takes me over my credit limit. I was expecting an increase in my limit. This is not going to happen. I feel as though I have been misled.

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hi Lovejoy

before you file a claim you will need to send the a Letter Before Action,giving them max of 14 days to comply with the DSAR, just to remind them what their legal obligation is.

not sure about the costs issue though.

 

Done that and the 14 days expired on the 10th of November.

On the court form do I need to request specific documents or not?

Is the form I use the N1?

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if they havent complied with the DSAR i would ask for all information that they hold statements account summery communication log, not forgetting a copy of all and any telephone calls that have taken place

afterall thats what the DSAR is all about ask for it all.

 

in am still waiting for a few pieces of info on mine from them.

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  • 4 weeks later...

Quick update, court papers issued, deadline near for them and failure to respond will result in CCJ and I will not hesitate to send in the baillifs.

This is just the first stage of a four stage process which I hope will culminate in the removal of unwarranted default and significant damages and costs.

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  • 1 month later...

UPDATE:

 

After filing the court papers in November and well outside the timescale allowed for complience a large envelope arrived with all transactions and a CD with telephone calls on.

 

They have now put up a defence to the court claim saying they have complied fully.

I received an allocation questionnaire (small claims track) requesting my response and I am not sure how to proceed.

Even though they have complied, albeit reluctantly and outside the times allowed, they have sent everything I need.

Is it best to go back to the court with a letter explaining this and not pursue it or because it was outside the times allowed keep going?

My gut feeling is to let it go for now but reply to the court stating that I do not wish to waste their time in this matter but point out that Vanquis didn't reply until I threatened with a LBA.

 

What are the thoughts of you caggers out there?

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Just an addition to the previous post, the costs requested by me to the court comes to £135.00 including the court fee. As I have already paid these sums out should I try to get these back through the court even though Vanquis have now complied with the SAR.

Or should I seek legal advice at the risk of further cost?

 

Any help would be appreciated.

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  • 1 month later...
  • 1 month later...

Latest Update.

 

I have today started a claim for PPI although not in the conventional manner because it is my belief that I have been misled and therefore treated unfairly under the COBS and as a consequence Vanquis have an unfair relationship under the CCA act 1974.

 

Is there anyone on here that could take a look through a letter I have drafted and offer some advice before I send it off?

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Lovejoy,

I note you refer to PPI; do you mean the repayment option plan (ROP)

ROP is not PPI but it can still be mis sold.

Here are some interesting facts for you...

In Nov 2011, the FSA (which Vanquis is authorised and regulated by) issued a warning to firms about the selling of PPI like products, stating that it would take the mis selling of products very seriously.

Vanquis bank makes a large proportion (approx 25 to 30%) of it's profits through selling ROP, which is a good example of the second form of new PPI style product.

Gbarbm

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Lovejoy,

I note you refer to PPI; do you mean the repayment option plan (ROP)

ROP is not PPI but it can still be mis sold.

Here are some interesting facts for you...

In Nov 2011, the FSA (which Vanquis is authorised and regulated by) issued a warning to firms about the selling of PPI like products, stating that it would take the mis selling of products very seriously.

Vanquis bank makes a large proportion (approx 25 to 30%) of it's profits through selling ROP, which is a good example of the second form of new PPI style product.

 

Yes it is the ROP, I just used the term PPI here so as not to confuse matters.

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  • 1 month later...

Hi I would like some help with what to do next with a letter that I got from Vanquis Bank. I sent a letter to them to re-claim mis-sold PPI & got back this letter in reply.

I refer to recent communication regarding the possible mis-sale of PPI or Repayment Opition Plan.

We do not offer PPI against any of our credit card products. We do however offer Repayment Opition Plan.

I can confirm that the ROP was discussed following approval of your account. The script used by our Rep clearly describes the features, benefits & cost of the plan. It would have been on that call that you agreed to having the product added to your account. The info was included in the T&C's which came with the card &the charge for the plan has also been itemised on each monthly statement that you recived since.

If you do not agree with any item on your statment, you must notify us of the reason for tour dispute without delay.

Therefore, the charges which have been applied to your monthly statments since the ROP was accepted by you have been correctly applied & as such I am unable to meet your request for reimbursement.

The letter then goes on to say that if I require any clarification I can call them or write to them. It also says that if I remaim dissatisfied I am entitled to contact the FOS.

The is signed by a Antony Wilsenham Customer Relations Manager.

Sorry that this is a long post on here. Shaun.

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Hi

 

Ok so this is ROP not PPI

 

Don't know if you've read about the plan...if you do want to its here

 

https://www.vanquisapplication.co.uk/plan.php

 

If you didn't want this plan or ask for it or agree to it then there is no reason for it to be on the account. You can either challenge vanquis on their findings or you can pass the whole thing over to fos to deal with.

 

ims

 

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Hi

 

Ok so this is ROP not PPI

 

Don't know if you've read about the plan...if you do want to its here

 

https://www.vanquisapplication.co.uk/plan.php

 

If you didn't want this plan or ask for it or agree to it then there is no reason for it to be on the account. You can either challenge vanquis on their findings or you can pass the whole thing over to fos to deal with.

 

ims

 

 

Yes ims but isn't ROP just PPI by another name?

There is another option other than the FOS, COURT!!!

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Yes ims but isn't ROP just PPI by another name?

There is another option other than the FOS, COURT!!!

 

It isn't exactly PPI but it can still be mis-sold and the procedure for reclaiming is the same as for PPI.

 

Court is an option but it should be borne in mind that the burden of proof of mis-selling (civil action so the balance of probability) will be on the claimant.

 

If you go to court and lose you cannot then go to court. If you go to fos and lose then court is still an option.

 

If it were me I'd make a pest of myself with Vanquis first.

 

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