Aqua Credit Card ignoring request to activate PPI, just advised Collections Rep calling on Monday!

[Hannay100]

I hope this is the correct place for my query, however I couldn't find a specific Credit Card section so did a search on "Aqua" which led to existing posts here ...

 

*************

 

I am amazed by the brainless incompetence of Aqua.

 

I am unable to keep up my credit card payments, and in October notified Aqua accordingly and asked for the appropriate claim form in order to activate my PPI.

 

In the absence of a response I have written repeating that notification and the request, but still have not had claim paperwork.

 

In that time my account has missed two payments so is further in arrear now, which could have been avoided had I been able to claim when originally intended.

 

I have also received chase letters, to all of which I have responded pointing out that I have been trying to take proper steps for weeks and been prevented from doing so by their apparent inefficiency.

 

At different points in this time I have been written-to by Matthew Ball, Senior Collections Manager, by K Stafford, Head of Collections and Recoveries, and by Charlotte Gurnell, Senior Operations Manager, referencing my overdue account. I have written immediately to each pointing out that I have been endeavouring to be able to invoke my PPI to stabilise matters, and that I was still waiting for Aqua to make any move whatsoever. Each time I requested their personal intervention to move things along.

 

The only response I have had is standard letter offering to make a repayment arrangement. Laughably, that letter also stated that I might not realise that I have PPI on the account so I might want to consider making a claim!

 

Last evening I wrote letters following-up my personal letters to messrs Ball, Stafford and Gurnell, pointing out that in five weeks I still had not had the claim forms, nor even the courtesy of an acknowledgement of any past correspondence including my replies to them. I requested immediate action before their collection processes geared-up a level because nobody was taking steps to stabilise matters. These letters were posted first thing this morning by recorded delivery, something I have had to do for a while since being told that "we have no record of receiving them so the Post Office must be to blame not us"

 

And now, a couple of hours later, I have received a letter advising that an Aqua "representative" is visiting on Monday!

 

No doubt he/she is calling to obtain either payment of the arrear or to go through the motions of setting up a payment plan, entirely unaware of all of the above because nobody has ever done a single thing in response to my initial perfectly reasonable and proper steps when becoming unable to continue.

 

I have very limited time to take steps now because of being right up against the weekend and the visit is booked for Monday ...

 

But I am not at all confident that any step I might take would actually get further than yet another brick wall anyway! ... were I to follow-up today with contacting any of those senior people again to have them cancel the visit and get my PPI claim rolling at last, I have very little expectation that anything would actually be done or get down the chain of command to where it would be needed in time for Monday anyway.

 

So firstly I want to know how I can have them cancel their visit?!

 

It is actually no problem just to be out all day, however that isn't really sensible plus wouldn't achieve any progress where it matters and would presumably only result in repeated visits at varying hours until successful anyway.

 

And of course I want to get my PPI going still! I need a claim form etc from Aqua but despite now a total of eight letters to four different people across five weeks, mostly by recorded delivery - only one of which has had any reply at all - they have not yet provided anything enabling things to move along.

 

At a push I could actually get enough together to pay the outstanding arrear if that would cancel the visit and allow a few weeks til the next payment falls due for the PPI arrangements to hopefully get taken care of. However, firstly I'd rather not, and secondly I shouldn't have to anyway because if they had responded when I first asked, PPI would have kicked-in and the arrears wouldn't have arisen! But if it is the lesser of two evils I would be willing to do it.

 

So please can anyone advise with regard to halting the visit on Monday with only the rest of this afternoon plus tomorrow to act?

 

Also, does anyone know of a route in to someone in authority at Aqua who can actually be contacted and has the ability to get off their bum and call off the dogs and also get the claim form sent to me? A simple step I had assumed five weeks ago!

 

Howard

[42man]

Find out if you can to see if you are going to be charged for the visit,

you are perfectly within your rights to decline this and not be charged for it...

...they will also want to see the kind of lifestyle you live in too,

in case they ever take you to court or ot gets to a bailiff stage

(just google 'pre sue visits').

 

 

I suggest that you contact the FOS initially to open a case.

It is likely that not only with they charge Aqua £450+ to investigate your case, but the FOS will probably find in your favour and award you compensation for the dreadful way you have been treated...have you read the small print of your PPI ?

does it say anything like 'you can't claim for 3 months' (or anything similar)....

 

You are obviously good at keeping correspondence too (which is important) I suggest you email Aqua and state that you wish to cancel the visit and that you do not expect to be charged for this, and can they confirm this in writing.

[Hannay100]

Thank you 42man, your quick response is greatly appreciated under the circumstances!

 

Yes copy correspondence isn't a problem, proofs of recorded delivery too. I have always stated that communication will be in writing and calls will not be accepted.

 

Regarding PPI terms, I may well have had these at some time however have just looked before replying here and can't find anything - must just have thrown it out at some point accidentally or otherwise. So I don't know if a delayed start applies or not. I have just tried to google "Aqua PPI Terms" but only got flooded with a million hits on PPI reclaims.

 

I was just wondering how I would find out about there being a charge for the visit when your second reply appeared. I would LOVE to be able to email people there direct, it would save so much time plus also the cost of RD postage! That is, if they then answered in a timely fashion of course!

 

However, I have just gone through all the papers and statements and recent correspondence and they don't give any email addresses at all - would you know if they can be found anywhere?

 

Regarding cancelling the visit - I could request if I had the appropriate email address, however I guess that they will say "nope still coming, no good reason not to!"

 

I'm entirely happy to open a case with the Financial Ombudsman. I don't think however that this can influence Monday's proposed visit? I'd REALLY like to get that set aside.

 

Unless it is the case that if I notified Aqua formally of a complaint to the FO things have to be suspended until that moves to a conclusion? Would you know if that is the case? I am thinking I have read something along those lines in some context or other whilst looking through before making my post ... And if so, I wonder which of the different addresses/names/titles I have to get that notification in front of by tomorrow in order for the suspension to happen?!!! *sigh*

 

Presumably most things will in fact take care of themselves anyway once a PPI claim is in place and stabilising matters, which is why I'd be willing to take care of the arrears after all if it bought time to get things done that shouldn't have been a problem in the first place!

 

Many thanks indeed for your thoughts, anything further would be welcome.

[42man]

Rob Holt is Director of Customer Management at SAV Credit, so it could possibly be [email protected] or [email protected]

[42man]

I should also try [email protected] too...

[42man]

Allan Silverman is MD so also cc [email protected] too

[42man]

cc in [email protected] and [email protected] You'll soon see which email addresses bounce back and those which don't...

[citizenB]

Unless you have agreed to a visit then they cant simply turn up ! If they do, dont let them in, tell them politely to go away.

 

Get your letters off to them again - make it an official complaint and head it as such. Advise that unless they respond to your previous letters and activate the PPI then you will simply raise a claim that it was mis sold.

[Hannay100]

Stunning!! Thank you for these, I would not have made those connections ...

 

I have never been aware of the entity "SAV", had in fact noticed the name in small print for the first time just now when looking for Aqua email addresses, but even then just dismissed the mention as being part of the endless minuscule references and disclaimers etc that peppers such paperwork.

 

I'll put appropriate words together and see what follows.

 

Very many thanks!

[42man]

Please keep us posted....

[Hannay100]

Certainly!

[huggy41]

if and only if you have to call them use this .

 

If you are calling from abroad, please call +44 29 20 818079 but instead of +44 just put a zero and have some way of recording it and dont forget to barr your number going out

[Hannay100]

Thanks Huggy, though I have no wish nor intention of calling - right now I just want to get that visit set-aside.

 

I have the Financial Ombudsman complaint in hand, but also want to move along with the PPI claim so that the underlying matter doesn't get any worse in the meantime! Hopefully I can drag a PPI claim form out of somebody there!

 

But you'd think they'd be keen for that to happen, it gets payments flowing to them!!!

[Hannay100]

Citizen B

 

I overlooked your reply! Sorry, I was simply spinning too quickly just then and must have slipped right over it ...

 

Thank you .... I wasn't aware they required someone's agreement before making a visit. I believed they were entitled to call if they wished, though in any event wasn't clear on their or my entitlements after the doorbell was pressed. I haven't been in this position before, and could probably be unknowingly manipulated if it was said that they had a legal entitlement of some sort for example.

 

In fact however, springing from 42man's advice I have amongst other things sent a letter this afternoon declining their visit and any associated cost, and requiring their written confirmation. Hopefully this covers that point and establishes an absence of agreement to their visit.

 

In reality their confirmation would not arrive in advance however even if it was rocket propelled, as mine will not arrive until tomorrow and is unlikely to be replied-to and returned the same day in order to reach me before the proposed visit on Monday anyway. However, it is about time SOMEbody from Aqua was pressured to respond to a letter of mine!

 

Thanks again for this and other advice, though in fact I have already threatened to raise a claim that the PPI was mis-sold if it isn't activated, but bewilderingly they don't seem to care and are either ignoring or stonewalling - hard to tell which!

[zydeco]

Of course anybody can knock on your door, somebody asking for directions, asking you to take a parcel for next door etc.

but you have the right to tell them to go away.

 

This must be the first time on cag where instead of somebody claiming for missold ppi they're actually trying to claim the insurance that they've paid for and getting nowhere.

 

Aqua look out!!

[Hannay100]

.... This must be the first time on cag where instead of somebody claiming for missold ppi they're actually trying to claim the insurance that they've paid for and getting nowhere.

 

Aqua look out!!

 

.... though, I should probably reclaim my PPI payments anyway and use that to clear my balance instead of using the insurance itself to make the minimum payments, and still end up with money in my pocket! Poetic!!

[citizenB]

I notice they use the word "calling".. this of course could mean telephoning you. DCA letters are deliberately ambiguous to cause maximum anguish - which is of course against OFT guidelines.

 

Anyway, you know that should they arrive on your doorstep, you do not have to let them in or even speak to them. You can simply hand them the do not darken my doorstep letter from the CAG library.

 

If they phone, you do not have to go through security clearance - at which point they should cease and communicate in writing.

[dx100uk]

reclaim

 

worth far more money!

 

see my sig below

 

dx

[Hannay100]

I am sending an SAR letter/fee relating to an Aqua CC.

 

Aqua Card Services address on statements is the Dunfirmline one, but on general correspondence it is a Halifax PO Box but also I have recent correspondence on stationery bearing a Leeds address for them, and to make it confusing also some on Bank of Scotland stationery at a different Leeds PO box again.

 

1 - Can anyone clarify which I send my SAR to, and if Dunfirmline are there any points I need to bear in mind that relate to Scottish Law?

 

2 - I assume that a copy of the original Credit Card Agreement should be included in the documents provided under SAR. I notice however that there is an individual process you can use to request that alone, and I want to know whether that document is in fact excluded from the SAR info and needs to be requested separately anyway?

 

3 - I have also read a comment deep in this forum somewhere I can't now find again, saying that when requesting information under SAR it doesn't go back longer than 6 years. My card account goes back to 2001 and I need/want to check/calculate with regard to fees, charges etc for all activity from the beginning ... But will I only be able to do so for the past 6 years?

 

... EDIT: and I would still make the cheque out to Aqua Card Services rather than Halifax or BoS? There's no mention on Statements or on the card of one tie-in or the other.

 

Thanks for any clarification.

Edited January 17, 2013 by Hannay100

[citizenB]

The agreement itself is covered under a different act and for some very strange reason is not considered "data". So you would make a specific request for that under the CCA 1974 Act.

 

You will find a draft request in the CAG library - you would send £1.00 with the request (the statutory fee). This is called an s78 request and they are obliged to comply within 12 working days + 2 for posting.

 

In order to comply fully you should receive from them -

 

A copy or reconstruct of the agreement.

Terms and conditions from both inception and at default or current.

A statement of account.

 

The Data Controller, I think lives at..

 

Halifax

Customer Relations

PO Box 548

Leeds

LS1 1WU

 

 

Although if there is some confusion, you might find it easier to write to their Head/Registered office with a note on it to pass it on.

 

HTH

[dx100uk]

inc a line that says..

 

this is to include copies of all/any agreements with you or your group of companies

 

as for the 6yrs

 

its hit n miss.

 

BUT you'll find it diff tto reclaim PENALTY charges passed 6yrs.

 

dx

[Hannay100]

Thank you, I will request the credit card agreement separately. I assume the SAR and this CCA request both go to the same place however?

 

But the addresses continue to be confusing:

 

- Aqua part of Halifax which is part of BoS which is Owned by Lloyds ..

- Aqua Card Services has Dunfrimline and Halifax addresses, and registered address is West Manning, Kent

- Halifax Bank has Leeds address, but registered address is also BoS's Edinburgh HO address.

 

I think I have to dig a little more as I want to avoid fancy-footwork causing a problem just to get things started!

 

Any further insight/suggestions, or if anyone has had dealings themself at that level and can clarify, would be much appreciated!

[Hannay100]

Many thanks dx, alteration just made and I now have the letter sitting here at my elbow just waiting impatiently for me to add the right address to send it to plus the right name on the fee cheque, Aqua, Halifax, whatever!!!!

[dx100uk]

look at the info in the stickies of this forum

 

cheque to the group name too

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?9-Halifax-Bank-and-Bank-of-Scotland

[Hannay100]

Appreciated again dx! Seems like yet another address from late 2012, this time in Chester!!

 

For the benefit of others who may be reading this thread on a search later, as at today's date:

 

Data Unit

Lloyds Banking Group

Freepost NWW15306

City House

City Road

Chester CH88 3YZ

 

See also http://www.halifax.co.uk/securityandprivacy/privacy.asp

Edited January 17, 2013 by Hannay100