Help! Vanquis, resolvecall, and impact.

[Realgill]

Hi everyone,

 

Fantastic forum with lots of great advice.

 

I have been researching things relevant to my situation but I think the best thing would be to post my queries and hope that some of you can help me clear things up.

 

I am beside myself with worry, and I'm constantly feeling down and really don't see how I can get a proper life back.

 

I fell into arrears with a vanquis credit card when I fell into money troubles through my business not doing very well for a few months.

 

I did contact vanquis to explain my situation and request that they froze any charges / interest etc...

.those requests were ignored and the letters demanding payment continued along with the constant phone calls..

 

.the phone calls really get to me, so much so I have now taken to leaving my phone on silent.

 

I am in no way trying to escape my debt, I just wanted them to understand my situation and agree to some "fair" repayment plan.

 

I received a notice of default from vanquis dated 16/7/13,

then a confirmed resident letter from impact a few weeks later,

and in the last couple of days a letter from resolvecall stating they are acting on behalf of vanquis

and they have been instructed to collect any outstanding balance...

 

.the letter also states that if I fail to contact vanquis within 3 days then a doorstep visit will be made.

 

I am unsure if I have jumped the gun slightly but I decided to send each of these companies a CCA request letter

which also included a section regarding doorstep visits and how I wasn't granting permission.

 

I received a response from resolvecall with them stating that they were confirming my CCA request along with the £1.00 postal order I sent.

..but if I wanted a copy of the agreement then I should contact vanquis directly,

and in the meantime they will continue with their actions as per vanquis's instructions. The p.o was returned also.

 

Where do I go from here, I feel like they have dismissed my CCA request.

 

I'm not very good at dealing with people at the best of times due to lack of confidence in subjects

I in all honesty don't know much about, but I am feeling totally intimidated and scared of what the future holds.

 

I would really appreciate any advice anyone can offer....letters to send, dates and timelines etc.

 

Thanks.

[Realgill]

Hi,

 

I have posted a topic in the debt in Scotland section but I am desperately hoping to gain as much advice as possible, hence the reason for my post here.

 

I do apologise if this is not acceptable to the forum but please if anyone can help please do.

 

My original query is named:

Help! Vanquis, resolvecall, and impact.

 

Thanks.

[renegadeimp]

Hi realgill, i understand your frustration and concern, but you dont need two threads for one topic hang tight and someone will be in your thread soon to advise. This forum is manned by volunteers who all have day jobs, so its usually early/late evening when the replies start coming. I'll pop over and have a look and see if i can help you out, or get someone who can.

[renegadeimp]

Hi there.

 

I received a notice of default from vanquis dated 16/7/13,

 

Can you post that up minus personal info? Some people get mixed up betweeen a proper default notice, one they try and pass off as a default notice, and a notice of default sums.

 

then a confirmed resident letter from impact a few weeks later,

 

Ignore it. It's a simple threat letter.

 

and in the last couple of days a letter from resolvecall stating they are acting on behalf of vanquis and they have been instructed to collect any outstanding balance....the letter also states that if I fail to contact vanquis within 3 days then a doorstep visit will be made.

 

Another threat letter. Ignore it and have a read of http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members. In fact, if you are in scotland, i think doorstep collecting is actually illegal.

 

received a response from resolvecall with them basically stating that they were confirming my CCA request along with the £1.00 postal order I sent...but if I wanted a copy of the agreement then I should contact vanquis directly, and in the meantime they will continue with their actions as per vanquis's instructions. The p.o was returned also.

 

Breach of OFT guidelines here. If they are chasing you, they must hold the CCA or get it from the OC. They have 12+2 days to fulfil the request. The fact they have refused shos that the CCA either doesnt exist, or the DCA knows that the debt is a 'lemon debt', and wont chase it up for you. Instead they are simply trying to push the blame on you.

 

 

Try not to worry or be scared. You are just witnessing what DCA's do to every single person they chase. They do not know or care about you. Most of the letters and replies you get are all automated or printed from a script.

 

 

One big question, when was the last time you made payment to the debt, and the last time you made written acknowledgement. (CCA requests dont count as admission).

[Realgill]

Many thanks for your response renegadeimp.

 

I'm not to sure how I would post up the default letter...do I simply scan it and post the image?

 

As for last payment from memory it was the first week in July, and I don't ever recall writing to them acknowledging.

 

Thanks.

[Realgill]

Thanks.

 

I do apologise for the extra thread and understand if it were to be removed.

[Crocdoc]

Do you own you home or have any other assets ?

[Realgill]

Hi,

 

Crocdoc : Do you own you home or have any other assets ?

 

No, renting, and I have a car I pay monthly.

 

I'll try to post the default letter.

 

 

*Struggling to work out how to post the letter image in a size that is readable.

Edited September 12, 2013 by Realgill

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

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

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

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

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[dx100uk]

how long have you had the card

 

and what does your credit file say about this debt

 

dx

[Realgill]

Hope this is ok

[Realgill]

Thanks dx100uk.

 

I've had the card for about 3 years, but this is the first I have experienced any arrears or missed payments on the account....this is why I'm a bit annoyed that they weren't interested in offering any kind of help regarding my circumstances.

[renegadeimp]

That is a genuine default letter. Can i ask, what was the time in between your last payment and the default letter being sent to you?

[Realgill]

last payment was the 4/7/13, and the default letter was dated 16/7/13.

The last payment I made was a struggle and it was only made because I felt pressured in a way after their numerous phone calls.

I had already requested that they look at my circumstances before this payment, but I thought by trying to pay something they would see I wasn't trying to avoid paying.

[renegadeimp]

And you never had missed or late payments? Possibly vast reduced payments? WHat were the arrears owing that caused them to issue the default notice?

 

 

If so, vanquis are WAY out of line issuing a default notice within 2 weeks of the last payment.

[Realgill]

No sorry, I don't think I explained it well.

 

I had been late with I think it was 3 payments....not overly late but still late nonetheless for apr may and june....but I had asked them for help when I knew I was struggling around march.

 

The arrears are showing as just under £300.....but the full account balance is roughly £2700.

[renegadeimp]

Gotcha. In that case, the default notice could be seen as legit. However, it could be challenged as you notified them of your circumstances and they completely ignored you. This alone is a breach of OFT guidance on Debt Collection and needs to be reported as such.

[Realgill]

I have no idea how I approach this from here after sending the CCA requests....I genuinely wish I had the cash to simply just pay the account off and be able to get on with things.

[renegadeimp]

What CCA reply did you get? What are the current arrears? Is the account still open? What does your credit record say?

[renegadeimp]

AHHH. Gotcha there. Missed that bit out. The rest of it is ok though, but am i right in saying the ENTIRE document must be compliant overall?

[citizenB]

You have edited out the dates of the notice.

 

Can you let us know the date of the actual notice and the date by which you were required to remedy the breach ?

[Realgill]

It does have:

This is a default notice served under section87(1) of the consumer credit act 1974.......it at the top of page 2 of their letter.

The default letter is dated 16/07 and it says I had until 04/08 to pay the payment due....just under £300.

[citizenB]

I think you need to sort out a budget sheet for yourself and work out how much you are able to comfortably repay them each month. They have issued a default notice and presumably have by now trashed your credit record by adding a marker to your file.

 

I have attached a budget sheet for you below and drafted a letter you can send to Vanquis.

 

You do NOT have to send the budget sheet with your letter, however they might ask for one later on.

 

 

 

Dear Sir or Madam

 

Account No/Reference No: XXXXXXXX

 

Since making the above agreement with you, my financial circumstances have changed. I am now in a position where I am unable to make the contractual payments agreed with you.

 

I have previously made you aware of my temporary financial hiccup and asked that you show some forbearance but this seems to have been ignored.

 

Having sought advice, I am in a position to be able to make the following payment of £ XXXX on a monthly basis and am asking that you accept this for a period of 6 months - at the same time I am asking that you freeze interest and charges in order that the payments made, reduce the debt and don't add to the financial pressure I am under.

 

I trust you will feel able to accept this and look forward to hearing from you as soon as possible.

 

 

Yours faithfully,

 

 

 

 

 

Ellens Budget Sheet.xls

[citizenB]

It does have:

This is a default notice served under section87(1) of the consumer credit act 1974.......it at the top of page 2 of their letter.

The default letter is dated 16/07 and it says I had until 04/08 to pay the payment due....just under £300.

 

 

Ok, can you remember how it was mailed to you? 1st or 2nd class post

[Realgill]

thanks citizen.

 

I cant recall if it was 1st or 2nd class I'm afraid.

 

Have I done the wrong thing in sending them the CCA request?