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Cabot/Vanquis claiming unrecognised debt

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Hi All,

new member posting on behalf of my girlfriend,

 

please bear with me on this one as it's going to be quite long,

 

i hope that it makes sense As i've struggled to put all the information together to get the timeline right.

 

I would appreciate any helpful comment on this and am happy to clear up anything that might not make sense

 

In September 2011 we received a letter through the door from a company called cabot financial,

all It enclosed was a self completion budget form asking for all her details with a column on the left hand side

claiming the original debt was from a Vanquis Credit Card and set at £1189.88.

 

This came as a huge surprise as there was no contact with this company before receiving this letter.

 

We chose to ignore this letter seeing as it was asking for personal information we had no intention of giving them.

 

We then received another letter in November 2011 which again referenced the debt (now at £1214.65)

claming it was "vital we contacted them urgently" and that if they didn't hear from us

"we'll have to move your account to the next stage of the collections process"

 

 

Now, my girlfriend previously DID have a credit card with Vanquis and she is convinced she made the final payment to them in October 2010.

 

All letters and statements from vanquis were going to her parents house and she stopped receiving correspondence from them after the final payment was made.

 

Vanquis had never been in contact in any way to claim any remaining debt. so as you can imagine these letters were quite concerning. we decided to phone vanquis

 

They stated that the debt was no longer anything to do with them,

we did find out in this phonecall however that the address on file with vanquis was one that my girlfriend never gave to them

nor had lived in for 3 years AND a new card had been sent to that address.

 

She made a phonecall to citizens advice who directed her to consumer direct trading standards

who then informed my girlfriend to phone cabot and request statements.

 

My girlfriend took the advice and phoned up cabot and asked them for statements,

 

we did not hear back from them until the 8th february 2012 when they sent us a letter informing us that the last payment was made to vanquis for £250.00 in october 2010

(which we already knew)

 

we got back in touch with cabot over the phone

 

they stated that Vanquis will no longer respond to us and that cabot would ask them for statement containing the information

since cabot took over the account and asked us if we have any proof of payment such as a chequebook or a statement,

we explained that the debt was finalised over the phone and that vanquis sent all correspodence and a new card to the address mentioned above where she hadn't lived for 3 years.

 

We hadn't heard anything again until 03/04/2012 where cabot sent a letter saying that they have not yet had a response from vanquis,

because of this we contacted cabot again by phone.

 

Cabot reminded us that vanquis had 30 days to respond to which we reminded them that it had actully been 60 days and there had been no response.

 

On 26/04/2012 cabot finally sent what they claimed to be a statement from vanquis,

this 'statement' was an amateurish A4 blank letter with a header that said 'Vanquis Bank - customer transaction statement'

 

it contained a column of transaction dates, merchant name and a transaction description (such as sale/cash advance etc)

There are NO monetary amounts or running total on this statement, obviously we found it completely questionable.

 

We found a transaction on the date my girlfriend made her final payment, on this statement it has the same transaction description as any other payment 'PAYMENT COLLECTED'

 

HOWEVER we can see that after this payment the only transactions on the account are for PPI collections

(BING! Looking forward to doing them on this once this episode is over)

for 7 months up until the close of balance (presumably closed by cabot?).

 

Because of the poor quality of the supposed statement sent to us,

we phoned cabot straight back informing them that as far as we were concerned this was not a statement

as there were no amounts or any helpful information at all.

 

The advisor on the phone were actually quite helpful and told us that the account would be put on hold immediately

and she would request vanquis to send more details in the next 30 days.

 

Since this phonecall In April we have only recieved 2 letters and no phonecalls.

 

The letters are dated 09/11/2012 and 09/01/2013 and they both say the same thing,

that they have requested the information from Vanquis and that Vanquis are experiencing a delay retreiving the information from their archives. So much for 30 days!

 

Ok, so that's the story,

 

i'm not exactly sure what my question is but we are really unsure as to what our next step should be,

 

should we just wait it out while Cabot and Vanquis struggle to find the information?

 

either way i think we need to be prepared for whatever their response may be.

 

This situation has been quite stressful and it has even started to make my girlfriend doubt that she even paid the debt off when she was previously convinced that she had.

 

As i have said to her though, surely if the debt was legitimate then it would be incredibly easy for either vanquis or cabot to produce the proof,

why haven't they done this so far? and why is it taking them so long?

 

ever since the start of this situation i become increasingly angry and more convinced that cabot financial are nothing but crooks trying to [problem] money off us.

 

If anyone has any experience in a situation like this or knows what we can do i would appreciate any help or comments.

 

thanks.

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Hello,

 

I appreciate the stress and frustration this is causing. Reading between the lines, your GF considered that she paid off a card and ceased to use it, but that Vanquis continued to help themselves to PPI thus running up a debt. They then sent statements to the wrong address so your GF had no knowledge of this. Vanquis got the hump about no payment and no response to their letters (because they were sent to the wrong address) and so sold the debt to a debt collection agency.

 

What a bunch of pillocks!

 

What I would do is this.

 

(1) Don't communicate on the phone any more as if they continue to be stupid you will want to rely on written evidence of your actions.

 

(2) I would write to Cabot and say that you completely dispute the debt and despite the fact that you have been asking for some time for proper statements to evidence the debt, none has been provided. You therefore demand that they cease contacting you unless they can provide satisfactory evidence of the debt. Any other contact will be considered as harassment.

 

(3) I would send Vanquis a Subject Access Request under the Data Protection Act which will force them under law to provide you with the data the hold about you. This includes all your statements.

 

(4) When you see that PPI has been charged, follow the other threads here to get it back!

 

If my summary was right, it sounds like they are going to be paying you something for the PPI, anxiety, time wasted etc

 

:-)

 

FFP


My Background: I am not legally trained so the advice I offer is as a result of my experiences in business and being dragged through a bankruptcy process by a leading London law firm over a debt that turned out to be false. I won as a litigant in person :-)

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Check your credit record and see if the debt is listed on there. If it is, make a note of the owners name. They are the only people you should be contacting.

 

If vanquis are still listed as the owners, ignore cabot and deal directly with vanquis. If cabot are owners, send them a CCA request to see if they actually have anything to make the debt enforeceable.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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sar still goes to the OC [vanquish]

 

sonds like you are in for a nice wind fall.

 

DONT waate it by using a claims company, do it yourself

 

info below

 

in the meantime

 

DROP all phone comes with Crapbot...yes they are trying to spoof you.

 

out of your on MONEY too!!

 

silly beggars.

 

wont matter if they find a CCA BTW

 

the PPI will wipe the debt out totally

 

and

 

if it has been SOLD, will ALL go to your GF's pocket/

 

dx


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If all the alleged debt is purely PPI subscriptions it would indicate that although a ''final'' payment was made the account was not actually closed at the time.

 

Check your credit files asap if this account has been defaulted because of PPI charges that your girl friend was unaware of there is a good chance it can be removed.

 

As she has not paid anything at all on the account since she believed it was closed there cannot be anything to refund surely???


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Hello all, first off thank you all for the replies they are much appreciated.

 

It's good to see everyone here is replying along the same lines, and also to what i believe has happened.

 

I will follow the steps of FFP, the first person who replied. And will most certainly not be corresponding with cabot again by phone. I was very much aware from the start that all of their threats were empty.

 

We have spent the whole day today sorting out our finances, preparing to claim PPI, credit records, the lot. I am very much looking forward to eventually claiming the PPI that was on the vanquis account from the start. I have been cautious so far in doing so as i am worried that doing it now would acknowledge the debt, but i know when the day comes, it will be the sweetest of victories.

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