So Vanquis have finally given me a response to my SAR! ( 32 Default Fees..! )

[LuckyReds]

However, trawling through the list of things - I'm not 100% sure what I should be reclaiming, as far as I know just default fees. A quick skim (not spreadsheeted yet), reveals at least..

 

32 x £12 Default Fees ( "DEFAULT FEE PLAN INT FREE" )* = £384

34 x £6 ID PROTECTION = £204

22 x Various Amounts REPAYMENT OPTION PLAN = £88.89

 

 

In fact, during the life time of the account - it wasn't used apart from a few months here and there, approximately 5/36, and all that was done was charges.

 

I should note, the total of the default fees alone is higher than the limit on that card - although the card was settled in full. So there's no argument regarding any default here, but if the state of affairs was similar with a Capital One card I had then I may have an argument there. (Although, after reading one thread were CapOne never backed down about the default and it went to court, I probably won't be trying that as lovely as it would be to have that default removed!)

 

Now, the above figures are obviously without interest and ignoring interest fees themselves. However, I've read a few conflicting things about interest calculations; I've read that a flat non-compounded rate of 8% should be applied to charges when claiming them back, but then I've also heard to use the card's APR!

 

Similarly, on another thread on here (albeit, from a couple of years ago) - someone suggested sending both a claim for a ROP, and a claim for default fees - but as two separate claims.

 

Realistically should I be focussing on just the £384 at a flat rate of 8% interest (£414 or so) or should I be gunning for ID Protection and ROP refunds too, along with the card APR on the default fees?

 

Sorry for posting such a common question, but I can't seem to find a definition of unfair charges or a list of claimable ones anywhere; and I'm unsure whether the spreadsheet I looked at was current.

 

Cheers!

 

Edit:

 

Regarding the Repayment Option Plan; I need to work out which plan I was on exactly - as I suspect I may have been charged the full amount. Furthermore, I am sure I made Vanquis aware that it was my health that had effected my ability to pay + work. The option of using the ROP was never mentioned or advised. Ergo, I paid for this and got zero benefit - and may not even have been covered correctly.

 

It would appear that ID Protection is CPP, which has been disputed a few times on here I believe. In fact I believe they were meant to be contacting around 7,000,000 people around about now! Alas, I'd be surprised if they managed to send me a letter as I've moved twice since the original plan was taken out..

 

There's also an 18 month gap in their "Contact History"; considering it's fairly obvious that they did indeed contact me during this period - and the statement numbers and so on confirm that the account was active (and god knows they pestered me.) - surely this is an incomplete response, therefore not being binding under the DPA? It's a moot point, irrelevant if you like, at least as far as I can see, but it does strike me as incredibly peculiar. Apparently no contact between July 2011, and January 2013; yet there's even a one line memo mentioning a telephone exchange I had in 2012..

Edited September 17, 2013 by LuckyReds

[silverfox1961]

Hi. Sorry you were missed. Not surprising as the time you posted, we were all in bed (or should have been)

 

Complicated is an understatement.

 

As the card was settled, all charges should come back to you with no deductions.

With the ID protection, the controversy was with CPP. If they handled it on behalf of Vanquis you should get that refunded

Not sure about ROP but I would think that is also reclaimable

 

On the % rate. You should be reclaiming the interest at their rate. If the rate fluctuated (39.9%, 38.9% etc) then I think to make it easier for you, to use an average figure rather than trying to work out each charge at each rate. If the rate stayed the same-ignore that last bit.

 

It is only if you begin a court claim for the refund that you add the statutory 8% as well as the contractual interest

 

With the ROP and the ID protection, I would suspect that once the charge was levied, interest was then added to it. You will need to ascertain that

[LuckyReds]

Hi. Sorry you were missed. Not surprising as the time you posted, we were all in bed (or should have been)

 

Complicated is an understatement.

 

As the card was settled, all charges should come back to you with no deductions.

With the ID protection, the controversy was with CPP. If they handled it on behalf of Vanquis you should get that refunded

Not sure about ROP but I would think that is also reclaimable

 

On the % rate. You should be reclaiming the interest at their rate. If the rate fluctuated (39.9%, 38.9% etc) then I think to make it easier for you, to use an average figure rather than trying to work out each charge at each rate. If the rate stayed the same-ignore that last bit.

 

It is only if you begin a court claim for the refund that you add the statutory 8% as well as the contractual interest

 

With the ROP and the ID protection, I would suspect that once the charge was levied, interest was then added to it. You will need to ascertain that

 

That's perfect, thanks!

 

I've got the day off work as I feel pretty ill (hence the late night posting! so I've decided to do a few calculations.

 

DEFAULT FEE PLAN INT FREE: £504.89

Total Charges: £360

Compound Interest at 39.99% APR per charge up until account settlement on 27/08/2013: £144.89

 

REPAYMENT OPTION PLAN : £169.86

Total Charges: £108.08

Compound Interest at 39.99% APR per charge up until account settlement on 27/08/2013: £61.78

 

ID PROTECTION: £338.99

Total Charges: £192

Compound Interest at 39.99% APR per charge up until account settlement on 27/08/2013: £146.99

 

Now that's a total of £1013.74... I can't see them laying back and giving that out! I'd be willing to knock the ID Protection on the head and dispute it with CPP, and put the ROP charges down to a like-for-like refund if possible though. May go in with the total charges as a first request though.

 

I also feel I've been fair and not added on a couple of other charges I've seen. Furthermore, I will try and reclaim the ROP due to the fact this should've been used when I fell on financial difficulty but was never mentioned, and was even being charged for it at the time. As for the ID PROTECTION, I know it's done by CPP but it was sold by Vanquis - so I'm going to presume Vanquis could be

 

Maybe I'm pushing my luck a little... but I'm just curious! I may also underline the fact I'm not satisfied with the response, as I dont feel I have been given the data held about me in it's entirety, due to a large (13 month?) gap in their own records - a time in which I know there was contact. I feel this may be a breach of the DPA and the terms required for satisfying a SAR. (Is it wrong to feel like throwing everything at them increases compliance?!)

[LuckyReds]

Wow... Just been doing some further analysis of the figures.

 

The last time I used the card was in January 2012, after this I never used it and I paid it off fully in August. The total I had paid in to the card during this period of inactivity? £924.53.

 

To put that in perspective, that's not including the payments during the period when I was actually using the card - and during those 14 months I spent about £625.25... Yet paid off £1017.38.

 

I'm pondering if there's a way I can structure this to enable me to put it in any claims letter, when it's viewed like that I would like to see them try and justify such fees in court. In summary:

 

14 months I used the card: I spent £625 - and paid £1018.

18 months I didn't use the card: I spent £0 - and paid £924.53

 

Edited September 18, 2013 by LuckyReds

[silverfox1961]

I think you should write back and query the 13 month gap. If, as you say, they were still sending letters, they should show up on the data sheets.

 

As for the reclaim, go for it. You will have a fight as these companies don't like to give in easily (just be thankful you're not with cap1)

 

It's amazing how quickly compound interest soon mounts up. If you were to fully anylise the figures, you would notice that by compounding the interest, you were paying more than the 39% shown which is why credit card companies love people that pay the minimum.

 

There are some helpful letters in the library to start your reclaim process

[LuckyReds]

I think you should write back and query the 13 month gap. If, as you say, they were still sending letters, they should show up on the data sheets.

 

As for the reclaim, go for it. You will have a fight as these companies don't like to give in easily (just be thankful you're not with cap1)

 

It's amazing how quickly compound interest soon mounts up. If you were to fully anylise the figures, you would notice that by compounding the interest, you were paying more than the 39% shown which is why credit card companies love people that pay the minimum.

 

There are some helpful letters in the library to start your reclaim process

 

Yeah, I always figured that the interest would rack up pretty badly - but only seeing it like that has opened my eyes. The worst thing is - I did pay it off in full at the end of when I was using it! It would appear a combination of the CPP/"ID Protection" being classed as a £6 sale, then a subsequent late payment being added on whilst I was moving has actually caused this whole mess.

 

I actually added up all my calculations above for the charges I calculated, and they add up to £1011. That suddenly seems a lot fairer and smaller now having looked at what I actually spent and paid back! (You could add the credit limit, the total spent, and what I want back up - subtract it away from what they charged me, and they'd still have a profit!)

 

haha, I understand Capital One are meant to be really difficult. Truth be told I'm viewing this as a bit of practice - as I have paid off a Capital One account that was actually defaulted, but was in a very very similar state to this. So I'm trying to see just how I can get these charges back, how I can argue about the charges - in the hope of doing it to CapOne. I would love to be able to get the default removed as it was all their own charges, the card hadn't been used in a while - and it was just a similar situation all around, however having read someones thread on here about attempting similar I don't think I'll hold my breathe on that one.

[LuckyReds]

Drafted up a letter.

 

I pointed to the transaction history for the past 18 months as a "clear example of the consequences of Vanquis' aggressive and unfair nature regarding charges", and largely based the the demand upon a template from here. I also offered a reduction of 8% on the interest of ROP and ID Protection payments if they complied within 14 days, after which I would be begin a claim for the full amount.

 

I have also pointed out the inconsistencies in the SAR, and how there's evidence in a one line memo that they contacted me during this period - but in the full history there are no such notes from this period of time. Should this inconsistency not be explained, I will be taking this to mean they have not satisfied the full requirements of the SAR (as per the ICO's Subject Access Code of Practice". Furthermore, I moved during this time and there is no acknowledgement of the contact I made to change address. I also expect clarification regarding this within the next 14 days.

 

I approached the subject of the ROP by expanding upon four key points:

1. Under no point during the financial hardship that I encountered was I reminded that I held this policy, nor was it ever suggested that I use it. (In fact, I was passed to Impact on more than one occasion) Ergo, The conduct of Vanquis during this time effectively rendered the protection that ROP afforded me as useless.
   
2. The charges that I have found match neither of the available plans, even with interest and/or charges removed.
   
3. As my status had changed (Vanquis were aware) yet the payments stayed very similar - it is possible that the plan I was paying for didn't even cover me large periods of time.
   
4. I feel this was mis-sold; I wasn't really informed about what this is. It is only during my subsequent research after my SAR that I truly found out what it was supposedly for. If they dispute this then I would like evidence regarding the explanations provided to me at the time.
   

 

Regarding the ID Protection, I stuck along similar lines and pointed out that the risk of ID theft was overstated to me at the time and there was no check that I didn't have any pre-existing cover for such an event. Furthermore, the benefits of the cover were also overstated.

 

Got the calculations sheet to add in to the mix too, so we'll see how this goes!