Lowells/Vanquis reply to CCA request - totally confused :-(

[The Quen of Darkness]

Hi all,

 

My apologies if this has been asked a thousand times before - I'm still fairly new to this & am in need of your most helpful advice again.

 

I recently sent a CCA request to Lowells regarding a vanquis CC debt, firstly I got the standard 'we have requested a copy from the OC' letter, then 2 weeks ago received a letter stating that the original agreement no longer exists due to the age of the account, that they would not be contacting me regarding this again & that any detrimental information would be removed from my credit file.

 

Today I have received a computer printed application form with no signatures & a copy of current terms & conditions which they claim satisfies the CCA request.

 

I am now totally confused & as always, would be very grateful if someone could advise me how to reply to them.

 

Thank you in advance

[BRIGADIER2JCS]

Hi, They are claiming it is a ''reconstituted agreement'' but if there are ony the current Ts and Cs and not the original ones from the incetion of the account it does not comply.

 

When was the account opened? and when was it defaulted?

[The Quen of Darkness]

Hi Brigadier,

 

The account was opened in Oct 2007 & their letter just says defaulted, it doesn't give a date

[BRIGADIER2JCS]

You are going to have to check your credit reference files to see the status of the debt.

[The Quen of Darkness]

Ok I will do - thank you - I will post back here when I've found that out

[The Quen of Darkness]

Hi Brigadier,

 

I have checked my credit file (experian) & there are 2 entries relating to this - 1st one says Vanquis, account opened 30/10/2007, settled 19/03/2009, 2nd says Lowells, account opened 29/10/2007, defaulted 31/10/2011 - it's the first time I've looked at my credit file, so I'm still really confused as to what this means & the implications (if any) - please excuse my ignorance

 

I'd be really grateful if you advise me what this means & how to reply to Lowells regarding the CCA request

 

Thanks in advance

[BRIGADIER2JCS]

OK There are some things there! I am just off out, and will advise inthe morning.

[Bandit127]

Odd - they don't normally say the "original is no longer available" unless the agreement was started before April 2007.

 

I would wait for Brig tomorrow, but I suspect this is a speculative reconstruction. Did they state the agreement is not enforceable anywhere in the letter?

[BRIGADIER2JCS]

Hi Brigadier,

 

I have checked my credit file (experian) & there are 2 entries relating to this - 1st one says Vanquis, account opened 30/10/2007, settled 19/03/2009, 2nd says Lowells, account opened 29/10/2007, defaulted 31/10/2011 - it's the first time I've looked at my credit file, so I'm still really confused as to what this means & the implications (if any) - please excuse my ignorance

 

I'd be really grateful if you advise me what this means & how to reply to Lowells regarding the CCA request

 

Thanks in advance

 

Hi, First the credit report, the Vanquis entry should be removed now Lowell have bought the account, so you need to contact the Data Controller at Experian (Royal Mail Recorded Delivery) to request the removal of the Vanquis entry, they should contact Vanquis for you, mention that Lowell have updated the file.

 

Then the '' reconstituted'' agreement, such a document must have included with it the terms an conditions at the inception of the accound and those at closure if it does not then it fails to comply with the CCA request, does the app form have any Ts & Cs on it and does it have your details filled in?

[The Quen of Darkness]

Hi Bandit & Brigadier,

 

Thanks for your replies

 

Bandit - am at work & the letter is at home, so I will check the wording when I get back, but I don't think so - it does state that the original agreement is no longer avaliable due to the age of the account & they will not be contacting me again regarding this.

 

Brigadier - I will get a letter drawn up to Experian tonight requesting that they remove the entry. The application that they sent has some details, such as my name, address, date of birth & employment details but other parts have 'no details supplied' in the boxes. The apllication has no T & C's on it - it's a 2 page screen dump by the look of it & typed, not written. The only T & C's I received have no actual date on them but refer to accounts opened after March 2011, so cannot be from when the account was opened in 2007.

 

Hope this makes sense & thank you again for your help, it's much appreciated

[BRIGADIER2JCS]

Makes a lot of sense the ''recon'' does not comply with section 77/78 CCA 1974.

[The Quen of Darkness]

So do I send them the 'in dispute' letter? & do I tell them what they should have provided?

 

Thanks

[BRIGADIER2JCS]

No, it is for them to provide a compliant recon, just send the following to The compliance Manager.

 

Ref: as on their letter,

 

Dear Sir or Madam,

 

I am in receipt of your letter in answer to my request for a copy of the agreement under section 77/78 Consumetr Credit Act 1974 relevant to the debt you allege that I owe relating to an account with Vanquis Bank,.

 

I a fully aware that you are entitled to produce a reconstituted agreement in answer to my request but such a reconstitution must comply with the format laid down I am sure that you are aware that this document does not comply, the matter is therefore formally in dispute and will remain so until a compliant agreement is produced.

[The Quen of Darkness]

I will type this up tonight & send tomorrow - thank you Brigadier for your time & help I'm very grateful