Vanquis and now Moorcroft headache

[cagacc11]

Hi, and please bear with me,

 

I've had a vanquis card since 2006 (limit £1750) with ups and downs but

 

this year I started struggling to pay the £100 or so each month in interest.

 

After missing a couple of payments an arrangement to pay £30 a month with all interest frozen was accepted by vanquis.

 

This was going fine until due to my health I was unable to pay the £30 in October.

 

I did email vanquis about this and sent a letter (not recorded stupidly) but other than a couple of threats from Impact and lots of phone calls that I ignored

I received no letters from vanquis until a notice of default arrived (dated 18th) giving me until 6th of November to make payment due.

 

I was able to pay the amount asked for by the day they requested (6th)

but I could only make payment on that day.

I did check evanquis before they blocked my access and they had received the payment from me that day.

 

On the 6th I also received a text from them threatening to pass me onto credit line (call credit?)

if I didn't pay and later on I received one about a one time offer to pay my outstanding balance minus 50% (could not afford).

 

I also paid the £30 for the next month as that had become outstanding and was back on my arrangement or so I thought.

 

Out of the blue I received a letter from Moorcroft (09/11) saying they had been instructed by vanquis to collect my debt

asking for full payment within seven days and telling me vanquis had defaulted me.

 

I was fairly surprised by this as I thought I'd paid vanquis by the date they stated

 

I sent a letter to them asking if I had actually been defaulted and why I was receiving letters from Moorcroft who I did not acknowledge any debt too (Vanquis have yet to reply).

 

I sent a CCA request to Moorcroft who did reply (14/11) saying

'we have approached our client with regards to the request who have confirmed that to obtain a copy of the agreement

you must put your request in writing to the following address (vanquis address).

 

That letter doesn't prove they hold the debt and have vanquis defaulted me as it has yet to appear on my credit file?

 

I have continued to pay vanquis and have received two letters from Moorcroft acknowledging the payments for the last two months but stating they should be going to them.

 

I thought the CCA had at least stopped Moorcroft from calling (it seemed to for a couple of weeks)

but they left a message on my home phone this evening saying to ring them as it was an emergency.

 

Any advice or answers you can give on all this, would be greatly appreciated.

[citizenB]

When you received the Default Notice you were given a remedy date. If you made the payment requested by the due date then they probably wont record a default on your file... If you read the DN you will see that it says something like..

 

If the payment requested is made by the due date, then it is as though the default has not happened. Therefore, any of the threats they made to default you with the CRA's, terminate the account, issue legal proceedings or sell your first born into slavery.. will not happen.

 

Moorcroft are probably only acting as collection agents on behalf of Vanquis. If they have purchased the debt, then they should have sent you a Notice of Assignment.

 

 

Moorcroft should have simply passed the request on to Vanquis.. but there you go..

Send the CCA request to Vanquis .

 

Then send a letter to Moorcroft advising and confirming that it is not your practice to discuss your finances on the telephone. That it is your legal right to communicate in writing, which as holders of an OFT licence, they should be aware of.

 

That you are now insisting they remove your telephone number from their records and communicate as requested, in writing.

[dx100uk]

stay off the phone to the spoofing dca

 

never ever call them

 

they are not bailiffs

 

they have no such legal powers

 

if you are getting letters offering a discount

 

then something is wrong

 

you've either got PPI to reclaim

 

or

heeps of unlawful £12 PENALTY fees

 

the same goes for them

 

if you've not got all the statements

 

then sar vanquis and get reclaiming

 

dx

[cagacc11]

Thanks both for the quick replies. I do actually have a letter already typed up for reclaiming fees but had yet to send it as I didn't want to incur this default for any reason, but will do so now along with a phone harassment letter to Moorcroft.

 

I guess I was just thrown by Moorcroft's involvement as I paid vanquis by the required date on the default notice letter and they have not contacted me since.

[dx100uk]

you'll need to do a spreadsheet too

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

2nd one for court route via restitutional

 

or

last one fos route

 

if the refuse that is

 

dx

[cagacc11]

So I sent both letters off by recorded delivery but unfortunately the Moorcroft one is 'in the delivery system' which probably means lost unfortunately. I'm still getting calls from them and a text today and they always leave answer phone messages which I hate.

 

I also received a normal statement from Vanquis today asking for the arranged amount so I have no idea why Moorcroft are even bothering.

 

Vanquis letter was delivered though (CCA and sub access request) so hopefully I can start reclaiming soon.

 

Thanks for the help again, will update when something substantial happens.

[cagacc11]

Hi again,

 

So Vanquis have replied with the CCA and sub access request. The CCA response included a letter with the following:

 

'(1) your account is in debit to the amount of .......

(2) The amount currently payable by you is....... (Same as full amount above)

(3) If you do not draw further on the account, then you will have to pay Vanquis bank at any time on demand the above debit balance and any further interest accrued'

 

The third response confused me as I cannot draw on the account as I am under a payment plan. A statement I got from Vanquis for this month states I owe my payment plan amount by the end of the month (interest and charges still frozen).

 

As well as that letter I received a copy of my digital signature application details with my information filled in from when I applied

and a print out of the Vanquis credit card agreement and full terms.

 

I assume this is what they are required to provide and my goal was not to avoid paying a debt to Vanquis but to avoid dealing with Moorcroft and getting a default.

 

Speaking of Moorcroft

 

they have also sent me another couple more letters,

one of which was threats of further action (in comic sans, very professional)

followed by another which was a reply to my phone harassment letter.

 

This said they would agree to communicate in writing but that the account has remained 'active for recovery, as requested by our client'.

 

It also included an income and expenditure form to fill in.

 

In terms of the Subject Access Request I received a copy of account notation and a list of transactions and charges.

 

Essentially an excel spread sheet print out.

 

No actual copies of statements but I'm not too fussed as long as all the transactions and charges are included as they seem to be.

 

Now I don't plan on doing anything until after Christmas anyway but will following this up mean they'll want full payment on the account?

 

Further advice on all the above would be very much appreciated.

 

Hope you all have a Merry Christmas

[dx100uk]

moorcroft do not own the debt .

 

ignore them.

 

get that spreadsheet done with the charges.

 

dx