Vanquis and Moorcr*p **SUCCESS**

[mikeymack2002]

Further update

Vanquis have now sent this file to Impact for a 2nd time just got off the pphone with them informed them the account is in dispute yet again got told shut up pay up, I replied take me to court please, so now what?

[citizenB]

Are you recording these calls ? If not, you really should stay off the phone and communicate in writing !

[Bazooka Boo]

Stay off the phone!

 

Unless your either a) Baiting them or b) recording your calls, then your going to get nowhere.

 

I'm hoping you were baiting them, if you told them to take you to court and hung up then fine, just ignore every letter from now on until you either receive a summons or they flog it on, just ensure you lodge all the relevant complaints with the OFT/TS/ MP's etc.

[mikeymack2002]

yes all calls recorded

and they were notified at the start of the call

[westfield]

No need to tell them you are recording. At least you have seen off westcot. Just do not admit the debt.

[mikeymack2002]

Just an update, was woken today by a text from C.A.R.S please contact blahh,blahh blahh ffs lol, I have an account with vanquis account in dispute, since 12/12/10 all letters sent, been passed too, 1 credit, red, lowell, moorcroft, now cars, have asked for my agreement a year ago, no reply have sar'd them no reply, sent out more letters to follow up, no reply, Vanquis cancelled my (ppi) in september and have been adding more n more charges, have some reclaimed some of them but everytime i send in my documents to inforce the ppi they dca me, I am now getting so low its making me ill, I am recovering from 3 brain surguries in mid '10 have sorted out all my debts with help from here, (thx for that) all I have now is this one left and they refuse to deal with it period tried a full and final refused, offered £1 refused asked to talk to complaints refused, requests for docs refused, guess what dca's want me to conatct them guess what lol refused, please can any one assist the balance was £250-00 late charges ect took it to ove £400 and climibing

PS I never asked for the ppi they call it ROP when I took out the card

 

thx for looking

Edited January 9, 2013 by mikeymack2002

[unclebulgaria67]

Just an update, was woken today by a text from C.A.R.S please contact blahh,blahh blahh ffs lol, I have an account with vanquis account in dispute, since 12/12/10 all letters sent, been passed too, 1 credit, red, lowell, moorcroft, now cars, have asked for my agreement a year ago, no reply have sar'd them no reply, sent out more letters to follow up, no reply, Vanquis cancelled my (ppi) in september and have been adding more n more charges, have some reclaimed some of them but everytime i send in my documents to inforce the ppi they dca me, I am now getting so low its making me ill, I am recovering from 3 brain surguries in mid '10 have sorted out all my debts with help from here, (thx for that) all I have now is this one left and they refuse to deal with it period tried a full and final refused, offered £1 refused asked to talk to complaints refused, requests for docs refused, guess what dca's want me to conatct them guess what lol refused, please can any one assist the balance was £250-00 late charges ect took it to ove £400 and climibing

PS I never asked for the ppi they call it ROP when I took out the card

 

thx for looking

 

Ignore them. Presume a letter will arrive soon and you can then decide whether to respond or not. Whoever owns the debt should be made aware of your health situation and therefore there will be a problem with the charges applied. They have to take this into account.

 

Don't deal with CARS. Wait for a letter and then write to the debt owner about your situation, enclosing a copy of any letter from CARS.

[Bazooka Boo]

Definitely put this firmly in the ignore pile, I too have a brain injury, and I have learnt that these silly little letters they have their computers spit out are nothing more than psychological harassment, they mean absolutely nothing, and it brightens my day when I receive one, gives me something to laugh at.

 

Have a read through MALG http://www.malg.org.uk/debtmentalhealth.html

[mikeymack2002]

Thx will do

[mikeymack2002]

Hi everyone, been on here for a while, I had massive debts due to suffering near fatal stroke in 2010 that ended my career as a driver, this also left me disabled and in a very bad way this put me in massive debt, spending many hours getting/giving help

 

I am now pleased to inform everyone that I now have zero debts/Dca's or the such, my final case was Vanquis last week, I took them to court for refunds for late/over limit fees this was the best day for a long time. Vanquis called my so called bluff and turned up at court and when I gave them my court bundle they had a private conference with the powers to be, they caved in, not only did they clear my account in full, they took all of the negative entries to my credit file but they removed all traces of the debt completely.

 

I saw the total of 9 different Dca's get involved with all they had, but I stuck with it till the bitter but sweet end, the final scores on the doors was DCA's 0 me 17. All I can say is a huge thanks in the early days for all advise given by CAGGERS that has helped me get my poor life back in one piece, but they have let me see that if someone offers advise then the choice is yours to take it or leave it or go it alone, I did all 3.

 

I must admit I miss the calls and letters now but look forward to actually reading my mail with a smile all I can really say is this UP THE CAGGERS MAY THEY LIVE FOREVER IN OUR HEARTS .......... in total I have helped over 170 people in the real world to success and saved a total of £193,221.02.

 

But alas my days of being on here are not over as I will offer any help I can see you all around the forums ttfn and good luck to everyone that is just starting here

[renegadeimp]

Hi mikey. Thats an absolutely fantastic result and the feeling you must have after all this time must be phenomenal. And those who you have helped must be very very grateful to you

 

Congratulations, and we look forward to your input in the forums

[mikeymack2002]

renegadeimp

 

Thanks for the words, its been very hard to deal with at times and with the DCA's not wanting to let go, the constant struggle of mail emails texts the works as you know how relentless they are, it took me to the edge more times than you could have imagined, but now the sun is shining the world is a better place with out them in my life hoorah the caggers.

[mikeymack2002]

Hi guys

my head is in a spin I am not able to say what I want to say in depth

but a friend has written this for me.

 

they have written a letter that is full of things I don't understand fully, but here goes.

 

The full letter is attached as a PDF and would like some advice before sending it.

 

The story.

 

I took out a Vanquis credit card a few years ago, post 2007 online I think,

 

I was doing well until mid June 2010 when I suffered a near fatal stroke,

it has left me disabled and now in receipt of ESA and DLA both at the higher rates,

DLA for care and mobility, I get housing and council tax benefits,

also I am getting a discretionary payment for the extra bedroom due to me needing a carer and council tax payment too .

I lost my mind for some time but have recovered some what.

 

I was defaulted by Vanquis earlier this year, due to charges on the account,

some were refunded, most not,

 

they cancelled the ROP (repayment option plan)

they cancelled it without notice before it expired,

 

they took me to court,

I gave them all I had for my defence,

they withdrew,

removed all traces of it from my CRA file.

 

I have yet to receive a letter from Lowell/Vanquis

 

I am just jumping the gun and want to be ready for the threat-o-grams most of which I can handle.

Yes I will stay off the phone and keep it all in writing.

 

I checked today and all traces are removed

but low and behold Lowell have added a default some 7 months after the original default and now own the account.

But I have not had any comms from either of them, no assignment nothing,

 

a close friend has drafted a letter to Lowell for when they contact me see attached PDF.

 

I am seeking good advise on whether or not to send it.

Your thoughts please

 

Thanks in advance for your time as the letter is long and lots of quotes from the OFT site

 

MM

Edited October 24, 2013 by mikeymack2002

[fkofilee]

So I get this right.... Vanquish tried court and it failed?!

Hmmm...! Good stance on the letter.

 

What the balance on the account?

[BRIGADIER2JCS]

Hi guys my head is in a spin I am not able to say what I want to say in depth but a friend has written this for me. they have written a letter that is full of things I don't understand fully, but here goes. The full letter is attached as a PDF and would like some advice before sending it. The story.

 

I took out a Vanquis credit card a few years ago, post 2007 online I think, I was doing well until mid June 2010 when I suffered a near fatal stroke, it has left me disabled and now in receipt of ESA and DLA both at the higher rates, DLA for care and mobility, I get housing and council tax benefits, also I am getting a discretionary payment for the extra bedroom due to me needing a carer and council tax payment too . I lost my mind for some time but have recovered some what.

 

I was defaulted by Vanquis earlier this year, due to charges on the account, some were refunded, most not, they cancelled the ROP (repayment option plan) they cancelled it without notice before it expired, they took me to court, I gave them all I had for my defence, they withdrew, removed all traces of it from my CRA file. I have yet to receive a letter from Lowell/Vanquis I am just jumping the gun and want to be ready for the threat-o-grams most of which I can handle. Yes I will stay off the phone and keep it all in writing.

 

I checked today and all traces are removed but low and behold Lowell have added a default some 7 months after the original default and now own the account. But I have not had any comms from either of them, no assignment nothing, a close friend has drafted a letter to Lowell for when they contact me see attached PDF. I am seeking good advise on whether or not to send it. Your thoughts please

 

Thanks in advance for your time as the letter is long and lots of quotes from the OFT site

 

MM

The fact you considered the account to in dispute does not affect sale of it to a 3rd party, also Lowell will not have defaulted the account this would have been done by the creditor prior to sale hence the original CRA entry being removed and replaced with Lowells details, as required.

 

The default date must remain the same.

 

From what you say the creditor discontinued the claim due to your state of health and your best bet would be to point this out to Lowell.

[mikeymack2002]

So I get this right.... Vanquish tried court and it failed?!

Hmmm...! Good stance on the letter.

 

What the balance on the account?

 

 

£250 credit limit and £275-00 in charges

Edited October 24, 2013 by mikeymack2002

[dx100uk]

get an sar off the vanquish [provident]

 

get all the statements

 

put a claim in for the ROP

 

put a claim in for the PENALTY charges.

 

use the CISHEET at their int rate in cell D15

 

as advised the defaulted date cannot be changed from the one vanquish originally stated.

 

dx

[mikeymack2002]

Just got home,

an update for those that may help

 

original default with Vanquis was 31/05/2013.

 

Lowell obtained the debt and issued another default this time 22/09/2013.

Is this a correct procedure?

 

Some questions before I get my teeth into this,

• If Lowell have bought the debt do they have the same rights as the OC?
  
• Do I have the same right s as if I was with the OC?
  
• If yes to both
  
• can I then ask Lowell to refund the unlawful charges?
  
• since they have the same rights as the OC and therefore just as responsible,
  
• as the Law states they take on ALL responsibilities of the OC am I correct in thinking this, or nit picking,
  
• 
  
• Neither The OC nor Lowell have informed me of the assignment or sale
  
• what can/should I do next or just wait for the threat-o-grams to start to turn up?
  

I normally am able to do this myself and for others

but have had a mental crash in the last week over this.

 

Thx dx100uk have posted it out today with the £10-00 fee will wait 40 days as normal

 

 

MM

 

 

Thx MM

Edited October 24, 2013 by mikeymack2002

[mikeymack2002]

The fact you considered the account to in dispute does not affect sale of it to a 3rd party, also Lowell will not have defaulted the account this would have been done by the creditor prior to sale hence the original CRA entry being removed and replaced with Lowells details, as required.

 

The default date must remain the same.

 

From what you say the creditor discontinued the claim due to your state of health and your best bet would be to point this out to Lowell.

 

 

Hi brig the default date has changed but I guess for no real reason but I don't think it really matter after all, It's driven me up the wall more times than I care to mention, but heyho off we go yet again. Will do an update at some future time or when my SAR is responded to

thx

MM

[dx100uk]

Just got home,

an update for those that may help

 

original default with Vanquis was 31/05/2013.

 

Lowell obtained the debt and issued another default this time 22/09/2013.

Is this a correct procedure? no they cant change it

Some questions before I get my teeth into this,

• If Lowell have bought the debt do they have the same rights as the OC? yes
  
• Do I have the same right s as if I was with the OC? yes
  
• If yes to both
  
• can I then ask Lowell to refund the unlawful charges? no always the OC
  
• since they have the same rights as the OC and therefore just as responsible,no
  
• as the Law states they take on ALL responsibilities of the OC am I correct in thinking this, or nit picking,
  
• 
  
• Neither The OC nor Lowell have informed me of the assignment or sale
  
• what can/should I do next or just wait for the threat-o-grams to start to turn up?
  

I normally am able to do this myself and for others

but have had a mental crash in the last week over this.

 

Thx dx100uk have posted it out today with the £10-00 fee will wait 40 days as normal

 

 

MM

 

 

Thx MM

 

let it develope

[mikeymack2002]

thx dx will just sit tight now and wait. just one more q can you post up the link for the challenge on charges

 

Thx MM

[BRIGADIER2JCS]

Hi brig the default date has changed but I guess for no real reason but I don't think it really matter after all, It's driven me up the wall more times than I care to mention, but heyho off we go yet again. Will do an update at some future time or when my SAR is responded to

thx

MM

Lowell have a nasty habit of altering the default date to the date they acquire an account don't let them get away with it.

[mikeymack2002]

So that would be a letter to the data controller to amend, I think I have one of yours brig from my early days on site, TBH this is just going to be just one of those weeks where the sun don't shine and the beer is all gone. but I've still got you guys. Time to forget and relax now thx all so far

 

MM

[mikeymack2002]

I received a letter of Lowlifes today, with a letter of assignment that they have created themselves.

Post edited as not relevant

Edited November 23, 2013 by mikeymack2002
parts not relevant

[fletch70]

Lowells are perfectly entitled to send the NOA .

 

You need to remember that registering a default and issuing a default notice are two very different things and one can be done without the other .

 

I would just send Lowells a sold in dispute letter along the lines of

 

 

I write with reference to the above numbered account.

Firstly I am only prepared to communicate with you in writing so any phone calls and/or text messages will be noted. Please remove my phone contact details from your records

I would like to point out that this account is formally in dispute with Vanquis and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974).

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

Similarly, in line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that you, as a creditor / debt collection agency will be aware, the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

a copy of their agreement

copies of some of the other documents mentioned in their agreement

a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

make the debtor pay the debt before they're supposed to

get a court judgment against the debtor

As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

Yours faithfully,