Help needed please with Vanquis Default!

[Snowyandfudge]

Thanks dx. .Yes, the default figure of £547.10 includes £476.61 of charges so would technically make this invalid.Yes, they have charged overlimit charges going right back to Dec 2010.

[dx100uk]

looking good then

 

dx

[Snowyandfudge]

Thanks dx. Emailed the SOC across- which the Manager said he would look into. Briefly, phoned me to ask if I can send documents- they can't trace call but going to investigate with the moblie operator.

 

He did mentioned briefly, that his representatives had not handled the account as he would expect ( I am assuming he means his DCA) asked if I had lodged with the OFT and will make a decision within a day if he can get call listened too. If not, he will have to be forced to make decision on what he has found out so far- which he would rather not too. Did mention that distress and inconvenience would be factored into his decision.

 

What would you advise next, do I need to contact Orange to verify their documents they emailed- I just feel as though they are now stalling, Mentioned going for a joint mortgage soon and he did sound emphatic.

[dx100uk]

orange?

 

dx

[citizenB]

orange?

 

dx

 

 

Phone bill, dx

 

OP was asked to provide evidence of telephoning Vanquis as their records apparently didnt show this call made.

 

OP emailed copy of the ebill and Vanquis are demanding a hard copy !!

[dx100uk]

do keep up dx

[Snowyandfudge]

lol thanks both dx and Citizenb!

 

Although we provided him with an email-with the same info we would post,

why would the postal one be any different to tracing

- something does not add up!

 

Vanquis state they have a good relationship with the moblie operators.

 

If they can't trace it, why make us go through hoops when he has listened to the calls from the DCA and clearly hear a dispute is going on.

 

Furthermore, those charges make the default amount now invalid.

 

Furthermore,

 

f I formally requested a full SAR does this need to include a credit agreement, default notice and log of calls they made/transcripts in addition to the statments etc.

 

If they can't trace the call- this is stalling the complaint.

 

They have listened to a few DCA calls but not all.

 

The DCA knew there was a default for at least 6 months prior to the regsitered default date of 31st May. 2012

( still don't understand the relevance of the 31st) their incoming calls/notes would show we discussed this with them,

in addiion to the letters we sent.

 

Why the DCA did not go back to Vanquis when the complaint was placed on hold every 14 days- is something that baffles me!

 

They have tried to cut us short of settlement by over £140 and over the phone he skirted over the issue of our agrreement request

- something is not adding up here.

 

Our balance should now stand at £70 and not the incorrect £547 they are recording!

 

Any advice on what to do next would be greatly appreciated-as I envisage another stalling tactic next week .

Edited September 7, 2012 by Snowyandfudge

[Snowyandfudge]

Hi everyone- just received this update from Vanquis:

 

Dear xxxxxxxxxxxxxxxxxxxxxxxxxx

Thank you for providing an interest calculator.

 

As previously advised to you, interest was only charged on this account until February 2012.

 

It would appear that your calculator is calculating interest until the current date - this is therefore incorrect.

 

In addition, we have only charged interest on default fees that were applied since May 2011.

Therefore any charges prior to this date are not eligible.

 

I confirm that upon receipt of a SAR we would supply screen shots containing a summary of calls made to/from us.

It would not include calls to/from third parties acting on our behalf (we do not hold this data so any request for it would need to be made to them).

 

It would include a copy of the default notice but not the credit agreement (this would be provided in response to a request under S78 of the Consumer Credit act).

 

I have been informed that the document supplied by you does not conform to the format previously seen by our telephony department.

Combined with the fact that we cannot trace the call it is believed that the matter can only be progressed further by our telephony partners

by providing the original documentation to them.

 

They will then contact Orange in order to attempt to resolve the matter.

 

Any advice please on what to do next- greatly appreciated.

Edited September 7, 2012 by Snowyandfudge

[dx100uk]

use the edit button and add some line breaks please next time.

 

dx

[dx100uk]

Hi everyone- just received this update from Vanquis:

 

Dear xxxxxxxxxxxxxxxxxxxxxxxxxx

Thank you for providing an interest calculator.

 

As previously advised to you, interest was only charged on this account until February 2012.

 

It would appear that your calculator is calculating interest until the current date - this is therefore incorrect.

 

In addition, we have only charged interest on default fees that were applied since May 2011.

Therefore any charges prior to this date are not eligible.

 

.

 

wheres the proof of this?

 

can you scan up all the statements for the period of the charges please

 

i'll pull it apart.

 

dont like this sounds wrong

[Snowyandfudge]

Thanks.

 

Don't have them all, but will upload what I do have. ( think I should full SAR them).

 

 

What I don't understand, is what he is saying regarding the format of the bill we sent him

 

- it will still be the same if I post this to him, what will be the diffference ?

[BRIGADIER2JCS]

Snowy, looking in as asked given the figures you have provided the default should be challenged as dx and cb have said.

The guidance is that if a default sum is made up of charges without which the account WOUL NOT HAVE DEFAULTED NO

DEFAULT SHOULD BE PLACED, so it is unfair and unreasonable I think all but around £70 of the balance being charges.

 

Take this as a separate complaint to the Date Controller at Vanquis.

[Snowyandfudge]

Thank you for the great advice as usual.How would I find the number/address please for the data controller for Vanquis?

 

What do you advise regarding the phone bill we emailed Vanquis. The format is still the same, even if we have to post.

 

.He states without this call he would be unable to decide to remove the default.

[BRIGADIER2JCS]

Goes to their head office, marked confidential, I find it hard to believe that there is no record of that call exists, I think you write the formal complaint quoting the the date of the call not acknowledging that there is any doubt about the call.

 

If you need help with the letters let me know and I'll try and draft something over the weekend there may be a little delay as my duaghter and son inlaws flat was burgled last night and I have a few things to doo.

[Snowyandfudge]

Thanks so much Brigadier2JCS thanks for the advice, sorry to hear about your Daughters burglary.

 

 

 

Received a further email.

 

 

Interest was never charged on the penalty fees applied to xxxxxxxxx account prior to May 2011. As interest was not charged, no refund of interest is due on those fees. Finally admits these are penalty fees!

 

In order to obtain a SAR, xxxxxxxx would need to write to each organisation requesting one and enclosing a £10 statutory fee. There is a 40 day maximum statutory period for response.

 

As previously advised, other than you advising the DCAs that the account was in dispute, we have been able to find no evidence to support that the request for default fees to be refunded was ever made to us. We repeatedly placed this account on hold- mentioning these default sums. Sent letters. DCA sent discount letters as mentioned above.

 

As previously advised, I will reimburse the cost of providing the original Orange documents. If these are not provided I will, reluctantly, decide on my proposed resolution without this information.We don't have orginals- we use ebilling.

Edited September 7, 2012 by Snowyandfudge

[BRIGADIER2JCS]

Letter to the Data Controller

Vanquis Bank.

 

Ref: (account number xxxx)

 

Dear Sir or Madam,

 

I refer to the default place on my account and the entries made on my credit reference filles having taken advice on this matter I believe that the default is unfair given that

the default sum is made up of charges without which the account would not have defaulted the actual balance less these penaly charges amounts to around £70.00.

 

I am sure youare aware of the Technical Guidance on the placing of defaults in this situation and would now expect you to remove the default status of the account and remove entries from credit reference file.

 

I would send this RD.

 

Sorry for the delay!!

[Snowyandfudge]

Thank you so much BRIGADIER2JCS I did not expect this so soon after what happened to you Daughter- thank you so much. Will it help that the complaint manager actually called these penalty fees in his last email when previously was calling these default charges?

 

I also found out from 1st Credit yesterday that they went back to Vanquis on the 1st March after we disputed the balance made up of these charges. Vanquis then replied to 1st Credit on the 20th March saying the balance is correct and that to continuing collecting. Was instructed then to start offering discounts upto their maxi level ie 50%

 

The account was then sent back to Vanquis on the 24th May 2012 as they had been unable to collect payment due to the dispute over the balance.

 

On 31st May 2012, the same date as the DEFAULT was registered, we received letters from C.A.R.S introducing themeselves and asking for the FULL BALANCE.

 

On the 6th August 2012 we re- contacted VANQUIS who said they were placing our complaint on hold and stop collection from C.A.R.S.

 

C.A.R.S state that the account was only placed on hold on the 13th August 2012.

 

Emailed CEO and within a week, Vanquis wrote to us, stating they would refund charges. The interest is somthing though that we are still disputing. When home today, I plan to look for the statements, that we do have to see if interest was applied from DEC 2010 to MAY 2011.

 

I will post the letter tomorrow lunchtime- does any one know where the Data Controller will be located at Vanquis- as found two addresses? Thanks.

 

Thanks everyone so far for your advice- greatly appreciated.

Edited September 9, 2012 by Snowyandfudge

[citizenB]

If there isnt a specific address for the Data Controller, send it to their Head office/Registered office address - Mark clearly for the attention of the Data controller.

[Old Cogger]

If there isnt a specific address for the Data Controller, send it to their Head office/Registered office address - Mark clearly for the attention of the Data controller.

 

 

Registration Number: Z767493X

Date Registered: 03 March 2003 Registration Expires: 02 March 2013

 

Data Controller: VANQUIS BANK LIMITED

 

Address:

1 GODWIN STREET

BRADFORD

WEST YORKSHIRE

BD1 2SU

This register entry describes, in very general terms, the personal data being processed by:

VANQUIS BANK LIMITED

This register entry contains personal data held for 10 purpose(s)

Purpose 1

 

Staff Administration

Purpose Description:

Appointments or removals, pay, discipline, superannuation, work management or other personnel matters in relation to the staff of the data controller.

Data subjects are:

Staff including volunteers, agents, temporary and casual workers

Suppliers

Complainants, correspondents and enquirers

Relatives, guardians and associates of the data subject

Advisers, consultants and other professional experts

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Education and Training Details

Employment Details

Financial Details

Goods or Services Provided

Racial or Ethnic Origin

Religious or Other Beliefs Of A Similar Nature

Trade Union Membership

Physical or Mental Health or Condition

Offences (Including Alleged Offences)

Criminal Proceedings, Outcomes And Sentences.

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

PENSION FUND ADMINISTRATORS

D C I F A S

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Healthcare, social and welfare advisers or practitioners

Education, training establishments and examining bodies

Business associates and other professional advisers

Employees and agents of the data controller

Other companies in the same group as the data controller

Suppliers, providers of goods or services

Persons making an enquiry or complaint

Financial organisations and advisers

Credit reference agencies

Debt collection and tracing agencies

Survey and research organisations

Trade, employer associations and professional bodies

Police forces

Central Government

Voluntary and charitable organisations

Ombudsmen and regulatory authorities

Data processors

Employment and recruitment agencies

Claimants, beneficiaries, assignees, payees

Transfers:

Australia

India

Malaysia

South Africa

[Snowyandfudge]

Thank you so much was about to address letter to the office in London- so much appreciated.

 

Have checked statements and no interest was applied since March 2012 as Vanquis stated

 

.Not sure how to work out interest on statements between Dec 2010 and May 2011 which is when they state no default interest was applied, ( which he is correct- I have checked statements) but purchase interest at 2.840% (34.07 annual) is applied during this period.

 

Also, after May 2011 default interest and purchase interest are both applied.

 

Would appreciate any advice please over this interest !

 

Does it help my complaint that Vanquis actually called these penalty fees?

[Old Cogger]

Thank you so much was about to address letter to the office in London- so much appreciated.

 

Have checked statements and no interest was applied since March 2012 as Vanquis stated

 

.Not sure how to work out interest on statements between Dec 2010 and May 2011 which is when they state no default interest was applied, ( which he is correct- I have checked statements) but purchase interest at 2.840% (34.07 annual) is applied during this period.

 

Also, after May 2011 default interest and purchase interest are both applied.

 

Would appreciate any advice please over this interest !

 

Does it help my complaint that Vanquis actually called these penalty fees?

 

 

Be careful vanquis charge 2 for one possibly Overlimit charge £12.00 also Late Charge £12.00 and Finance Charge so make sure you get all thats been added.

[Snowyandfudge]

Thanks again. Have uploaded July 2011 statement. Before May 2011 only purchase interest was added.

 

We received postal statements but also noticed evanquis- not sure what this is, it also appears on 1st May 2012 statement. Even though passed onto DCA in Feb.

[Bazooka Boo]

Too small to read, can you upload it as a PDF?

[Snowyandfudge]

Full page print.pdfPlease find attached a pdf.

[Old Cogger]

as expected = overlimit charge £12.00 also late payment charge £12.00 == £24.00 then they charge on the default charge £1.54. etc. make sure that all is credited back to you, did me after phone call to them no arguments.