Vanquis default- help appreciated please!!

[angel17]

Hi everyone

 

I have been in dispute with Vanquis for the last 9 months over a balance dispute- due to the balance consisting of penalty fees.

During this time, the account has been passed over to external agents who placed the account on hold.

Each time, going back to Vanquis advising of the dispute.

Who in return, informed the DCA that there was no dispute, but to keep offering discount letters.

some of the discount letters up to 50% were days apart.

These offered different amounts!

 

Eventually, back in August, Vnaquis lodged this as a formal complaint.

They have agreed to refund the penalty fees, which leave the balance of £180. I defaulted on a balance of £547. Default date, was 31st May 2012.

 

Although, they state default notice was issued in October 2011, which I did not receive.

 

Back in October 2011, I paid the balance required on my statement- which they state is acknowledgement of the default notice.

Vanquis also state that no payments were made between June to October 2011.

 

However, I did make payments and they have marked by CRA files up to date until September when I missed 1 payment.

 

Vanquis caused my account to go over the limit with default fees being applied. The default balance consisted of the default fees.

 

In the last 3 wks I have sent 3 Special Delivery letters one to Data controller.

The other two letters contained a cheque to pay the remaining balance.O.

(As all collection activity has been placed on hold by the various DCA.)

 

Only the last one has been logged despite signatures from the post room

 

Have uploaded the letter from Vanquis and would be very grateful for any advice on how to pursue the removal of the default.

Additionally, to this day,

Experian are continuing to process data on my account since the default lodged with 8' since May to present, account closed in May 2012.

( No FOS leaflet was enclosed either)

 

[ATTACH]38653[/ATTACH]

 

[ATTACH]38654[/ATTACH]

Edited October 7, 2012 by angel17

[freakyleaky]

Hi Angel17.

I have flagged this up for the rest of the site team to take a look at.

[dx100uk]

if the markers were because of their fees

 

they must remove them

 

did you do a spreadsheet?

 

prob more to reclaim if they didn't give you comp int

 

dx

[angel17]

Hi, Will post SOC up with interest when home. The markers are due to their fees. I would like the default to be removed. Given their response above- what would you suggest as the next step. On experian, they are still processing my data with lots of 8's.

[dx100uk]

if you've not got all the statements

time to sar them.

 

it 'appears' the markers are late/no payment?

 

if this is so they are correct, but if you didn't owe any money [minus the penalty fess prev to the marker]

then they are wrong, you'd have to reconstruct the account minus any fees to prove it.

 

and for the DN, if it contained fees on its total its invalid

if you paid by the date of action on it, its invalid.

[angel17]

Thanks Dx100uk. The default balance was £324 charges and the interest they give was £31. Vanquis state that :

 

no interest was applied since Feb 2012 ( statements that I have confirm this)

we have only charged interest on default fees that were applied since May 2011. Therefore any charges prior to this date are not eligible.The default balance was £547 so the penalty fees made up at least 65%. Have sent a payment for £194.

 

Are Vanquis still allowed to process data with lots of 8's?

 

I intend to write/email back to them asap. If not successful- would I be able to take this to a small claims court?

[BRIGADIER2JCS]

Hi Looking in as requested.

 

Ok, a new letter:

 

Formal Complaint.#

 

The Data Controller Private & Confidential (stops customer (dis) service intercepting it)

 

 

Ref: account number xxxxxxxxxxxxxxxxx

 

Dear Sir or Madam,

 

I refer to the mass os correspondence between Vanquis and myself regarding the default Vanquis have placed on my credit files (enclose copies of your letters) I have enclosed copies of my letters forclarity.

 

My complaint is that the default sum was largely made up of charges without which the account would not have defaulted, as you must be aware the ICOs Technical Guidance on Defaults stats: If a default sum is made up of charges without which the account would not have defaulted then no default should be placed, given this information and the fact the balance has been cleared (leave out if incorrect) it is I believe that all adverse data relating to my account should be removed as it is unfair and unreasonable.

 

I am fully prepared to make complaints to the ICO, the OFT and to take the complaint forward to the Financial Ombudsman Service.

 

I would now hope that Vanquis will make a swift and proper response to this letter which is sent by Royal Mail Recoded Delivery and it's receipt will be tracked.

 

Good luck.

[angel17]

Hi Thanks for the reply.I have sent a letter to the data controller at their head office- by special delivery, but no reply. Apparently, not logged on their system. Have also complained and have reference no's for the ICO and OFT.

 

Have I sent by letter to the correct place?

 

The account has also been on hold- in dispute since January. Although, Vanquis only decided to lodge formally when we threatned Court Action. Since then, a Customer Relation Manager was dealing with the complaint, but has since ignored the emails/leters sent via special delivery. Now, an Admistration Team Leader is looking into the issue.

[BRIGADIER2JCS]

All letters should go to head office.

[angel17]

Thanks. I have Vanquis registered office as in Bradford. The letter was signed for, but no acknowledgement. The advisior now dealing with complaint, said it was not logged on the system. Should I send another one or email ceo again?

[dx100uk]

Thanks Dx100uk. The default balance was £324 charges and the interest they give was £31. Vanquis state that :

 

no interest was applied since Feb 2012 ( statements that I have confirm this)

we have only charged interest on default fees that were applied since May 2011. Therefore any charges prior to this date are not eligible.The default balance was £547 so the penalty fees made up at least 65%. Have sent a payment for £194.

 

Are Vanquis still allowed to process data with lots of 8's?

 

I intend to write/email back to them asap. If not successful- would I be able to take this to a small claims court?

 

nice to see brig along.

 

the statement above is not correct either

ALL charges can be reclaimed,

regardless of if they have int on then or not.

 

they are wriggling here.

 

dx

[angel17]

I have taken what they said as correct and confirmed via email as happy with the refund.They said no interest applied on the 7 charges prior to May 2011 and that the interest stopped in Feb 2012, the latter is right.

 

The list of default charges consist of overlimit charge/late payment charge.

 

I plan to send Brig's letter again. Have already sent this to their registered office by SD but received no reply. CR state it was not logged on the system.

 

Any advice on what to do next, would be greatly appreciated as Vanquis have continued reporting to Experian after the default date.

[citizenB]

IMHO, you remedied the first Default Notice - nothing was registered at the CRAs. However, when you next missed a payment they simply went ahead and registered the Default. They cant do that. They had to have issued a further Default Notice which you then failed to pay.

[angel17]

Thanks CitzenB

 

No, never received a default notice at all either in October or after. Will send the letter again as suggested by Brigadier to their Data Controller. Last time, sent via special delivery to the registered office in Bradford- but received no response. Is this the correct address?

[BRIGADIER2JCS]

address is correct.

[angel17]

Thanks. Will send again - hopefully this will be logged and reponded too.