Help needed please with Vanquis Default!

[Snowyandfudge]

Hello everyone

 

I would be very grateful for any advice on the following:

 

Recently had cause to look at Hubby's credit file

 

1. Hubby works away so I usually deal with accounts. Have a complaint with Vanquis over penalty charges since 9th Jan 2012 which they can't locate despite this being lodged over the phone and in writing.

 

2. Find out recently that hubby has defaulted 31/05/2012. Since going into dispute his account has been placed on hold with 1st Credit and C.A.R.S whilst they investigate the claims.

 

3. Contacted Vanquis/ Impact over the phone intially to be told taht he actually defaulted 27th October 2011, with default notice being sent out 10th Oct 2011. The thing is nothing was received as shown on his credit file he was up to date.A payment was made for £49.76 on the 26th Oct that is showing on statements as 28th Oct. Impact/Vanquis state that the default ammount was his outstanding balance of £541. Requests for the default notice have not been met.

 

4. The customer relations have re-lodged his complaint as we did set up another direct debit in January which was not set up. Since then every DCA have placed his account on hold until they investigate.

5. Impact are well, unhelpful to say the least.

 

Any advice on how to proceed would be greatly appreciated.

[Bazooka Boo]

Cancel the direct debit, you don't have any control of it,you need to set up a standing order this puts you in total control.

 

Are you paying the original creditor?

 

If your paying or dealing with the tin pot 3rd party DCA's then stop, deal with the OC direct, and keep off the phone.

[Snowyandfudge]

Thanks for the reply. Will cancel the instruction . No, since the account went to DCA they have placed the account on hold when I state there is a dispute. No payments have been made.

 

Please could anyone advice about the default as this does not make sense dating back to Oct 2011.

[citizenB]

I doubt very much that they will have kept a copy of the Default notice as these are templated letters.

 

I think you are going to have to send a Subject Access request to Vanquis - this will cost you £10.00 and you are entitled to all the data they have on hubby.

 

There is a draft letter in the CAG library at the top of the screen - you should include specifically that you want a copy of the communication logs - which is a kind of diary of events. It should have a record of all the actions taken on that account. letters sent/received, telephone calls made/received, payments made etc.

 

Vanquis have 40 calendar days to provide this information to you.

 

Meanwhile, if this were me, I would be sending a letter of complaint.. headed Formal Complaint .. to Vanquis. You need to bullet point all the concerns you have, what you want them to do to resolve the situation.

 

They will have 8 weeks to resolve the situation or send you a final response letter when you can then take your complaint to the Ombudsman.

 

Further, if you receive any communication from the DCAs, you should simply advise that there is a formal dispute in progress and that until it is resolved you will not be dealing with them, only with the original creditor.

 

HTH

[Snowyandfudge]

Thanks again. Will send an official letter. Can they say default date 27th Oct 11 and then state 31-5-2012 on credit file?

[Bazooka Boo]

They have up to 6 months to place a default marker on your file.

[Snowyandfudge]

From October 27th to May 31st 2012 takes this over 6months - what would you advise?

[havinastella]

You are mistaking a default notice that was issed in Oct for a proper default on his CRA in May.

 

They are 2 different things entirely.

 

Jogs

[Snowyandfudge]

They stated the default date is 27th Oct 2011 and that's what should show ( obviously did not mention May).

 

Am confused.

[havinastella]

As stated earlier, the letter sent in Oct gives you a date as to bring the arrears up to date. Now it depends how much that letter asks for as he made a payment 26th Oct. Now if you take into account the next payment due as end Nov 11 and default him at the end of 6 months, this would be end of May 12.

[Snowyandfudge]

Sorry to sound so confused - the date they are saying is 27th Oct. On the statement for Oct we paid the right amount and the amount in Nov- Dec shows upto date and lower payments . How can they default in May ( not very well read in this subject) .

[havinastella]

You are still confusing 'TWO' seperate issues.

 

This is what you received in October

 

http://iva.cleardebts.co.uk/what_is_default_notice.html

 

This is NOT to be confused with a 'Default' on his CRA

 

The notice posted to you in October would give you a date to remedy the arrears, this was done on 26th with a payment. Now what they have done is still wrong as that amaont was cleared, so you should have received a further notice when he defaulted on the payments.

 

Just because they owed you charges, you should not have stopped paying as they have now spanked your OH's credit rating.

[Snowyandfudge]

Hi thanks for the reply . We had a direct debit set up - the various DCA placed the account on hold and would not take payment whilst account is in dispute .

No notices at all ever received .

What would you advise next ?

Thanks.

[Snowyandfudge]

Hi just a quick update VANQUIS have refunded over£355 in penalty charges. A manager has said that he is going to investigate the default and make a decision whether to remove this next week- if I can send him evidence. There is currently £197 outstanding from the original default balance of £547.

 

I mentioned that no default notices have been received,. They state that one was sent out on the 10th Oct 2011 to remedy by 27th Oct 11. The monthly payment reached them by 28th on statement but he says cleared by 31st. The credit file shows this month upto date- so cant see why they would have sent one in first place given the month befores record too.

 

Default date is 31st May 2012 for £547 did not receive any notification at all. Not sure why the 31st either?

 

Vanquis state that default balances can include penalty sums/interest- is this true.

 

The account was in dispute and then passed to various DCA who placed the account on hold and ceased collection.

 

Have all my itemised calls/letters sent to Vanquis.

 

Does anyone think I could have chance to get Vanquis to remove hubbys default. Asked to send this via email by Tuesday so he can get back to us by Thursday at the latest.

 

Thanks in advance.

[ims21]

Hi

 

Responding to PM.

 

In order to stand a good chance of having the default removed you would have to be able to show that the default arose purely as a result of the unlawful charges (which have now been refunded). This would involve comparing the account without the charges with the account as it stands with the charges to see what the impact of the charges was.

[citizenB]

Vanquis state that default balances can include penalty sums/interest- is this true.

 

 

 

It all depends on whether you are again confusing the issue of a Default Notice or a "default" which is a marker on the credit file.

 

A Default Notice issued under s871 of the act can only ask for genuine arrears of sums due and not paid (so the default balance should not include any penalty charges) . Your credit records will show the sum outstanding at any time and will show any amount outstanding as balance and not just arrears.

 

Does that help ??

[citizenB]

Have Vanquis sent you any Noitice of Sums in arrears (different to a Default Notice - because if they havent they are in breach of the act.

 

I have popped some information below on those.

 

 

andyorch - amendments to default notices.pdf

[Snowyandfudge]

Hi Thank you for the replies.

 

Is21 the charges caused the account to go over the limit. The default balance was over £354 in charges thus £300 over my limit.

 

CitzenB never received a default notice at . The default balance though on credit file must have included these charges as we have just been refunded over £350 and the balance is now under £190.

Not sure about the default sums notice as not received statements since Jan. Vanquis state we would nt receive these whilst with a DCA. The balance though on last statement to the default balance shows a difference of £2 which Vanquis could not explain either.

[BRIGADIER2JCS]

Odd have 2 threads running?

 

Well I think what the manager is thinking of is the ICO Guidance on Default, That if a default sum consists of charges without which the account would not have defaulted then no default should be placed, this is obviously the case here, the worst secenario here it seems to me that a late payment marker could be placed.

 

t

[Snowyandfudge]

Thanks for the reply. No only have 1 Vanquis thread running. Thanks that is what I have just been reading up on.

 

The Manager said that if the DCA were aware of the dispute this would make a difference. I am going to send him a copy of all my letters/receipts that were sent to Vanquis along with calls. The same with the DCA as Vanquis were aware of dispute over balance and the letters from DCA prove so too.

 

My final letter/email was directed to CEO this was then passed to the Customer Relation Manager- who we are now in communication with! Did not know until this conversation that the charges had been refunded. What also baffles me is that Vanquis do not appear to date any letters. All my letters- well acknowledgment ones in the last 2 wks have no dates!

[BRIGADIER2JCS]

Yes indeed send copies of all correspondence it should certainly help.

Did you note the dates you received the letters from Vanquis?

[Snowyandfudge]

Hi yes, I have noted the dates in my diary.

 

Is there any thing else that I could present Vanquis with- on the legal side etc as not researched this far yet!

 

Thanks again.

[Snowyandfudge]

Was thinking of including the term ' Unjust enrichment' due to the fact that I have received in this order letters stating discounts of:

10%, 20% and 30% dated 23rd March with the latter only valid for 7 days

 

30% ( dated 18th April ) valid until 30th April

 

50% ( dated 19th April ) valid until 30th April

 

50% ( dated 20th June ) valid for 14 days or 30% payable in 3 equal instalements.

[dx100uk]

urm you've had discount letters so they [the dca?] already knew about the PENALTY charges then.

 

IMHO i would simpy state that

 

having carefully checked my account

i can see that it was solely as a result of your [now refunded] PENALTY charges that i had negative data placed on my credit file.

 

i now require you to remove ALL such negative data [ defaults &/or 'markers']

 

ref guidance issued by the ICO.

 

dx

[dx100uk]

use ico default in our search top right?