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    • name the issuing court: Hamilton Sheriff Court   Who Is The Claimant: Arrow Global Limited   Who Are the Solicitors: Shoosmiths LLP, Saltire Court, Edinburgh   What type of action? (Simple/Ordinary):Ordinary   What is the claim for – I'm not certain i have the correct information   look for the words which FOLLOWS [substantial connection with Scotland] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. The pursuers crave the Court to grant decree against the defender for payment to the pursuers of the sum of XXXX together with expenses.     type out ALL the text [minus pers details] [D4 BOX SPR FORM] or [Condescendence from Writ] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. 1. The parties are as designed in the instance. The defender resides at XXXX. The defender has been so resident for more than three months immediately preceding the raising of this action. The defender is domiciled there. This Court accordingly has jurisdiction. There are no proceedings pending before any other Court involving the present cause of action between the parties hereto. No agreement exists prorogating jurisdiction to another Court.   2. The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between the pursuers and HSBC Bank plc ("the Original Owner") dated 19 December 2016, the pursuer acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the defenders to the Original Owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of a written notice on or around 19 December 2016.   3. The said contract between the Original Owner and the defender is a regulated credit agreement in terms of Section 189 of the Consumer Credit Act 1974. It is dated 11 March 2013, and relates to a Personal Loan Agreement with account number XXXX. It was a term of said agreement that a failure to meet any instalment on a due date would render the account in default and would entitle the pursuer to serve a notice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated.   4. On or around 27 January 2016 the defender failed to make payment of a sum which had fallen due and the said account thereby entered into default. A Default Notice was issued to the Defender on 27 January 2016. The Defender failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default. The sum due thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £xxxx. In terms of the Agreement and the written notice hereinbefore condescended upon, the right to receive payment of the sums due in terms of the said account vests in the Pursuer. A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   5. The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary.   date of raised claim [or court stamp date from writ or date from ] :- At Hamilton on the 24 November 2020   Last Date Of Service [or from form 07]:- Date of Service 12th May 2021   Last Date For Response [or from form 07]:- 3rd June 2021   What Documents are listed in Box E2:[or in your form requesting the same?] Form 03 (application for time to pay direction or time order) & Form 07 (notice of intention to defend)   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :-   BOX D4 what has the claimant stated: IN FULL   Date of Agreement: – 11/03/2013 Reference Number: – is this the original creditors account number? (y/n) Unknown (ends 4321)  how many digits does it have? 8 Unpaid balance: - £9772   BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] 1. The pursuers having acquired the right to payment of the sums due by the defender under and in terms of the Contract as hereinbefore condescended upon, the pursuers are entitled to payment of the sums due in terms thereof.   2. The sum sued for representing the debit balance due under the Contract, decree for this amount should be pronounced as craved. …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? after 2007 ( March 2013)   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Account was assigned and it is debt purchaser who has issued claim.   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I was living overseas at the time of assignment (from writ it was issued in December 2016)   Did you receive a Default Notice from the original creditor? No, I was overseas   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   When was you last payment:- Uncertain but would guess approx mid 2015   Why did you cease payments:- was living overseas   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     Expanding on additional information - I expect that it has taken 4/5 months since the warrant of citation was sought to establish my current address as the writ states my previous address (prior to moving overseas in 2015)  
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Vanquis credit card...have unfortunately become one of their victims


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Hello, in the last few days have I discovered that Vanquis Credit Card company are [problem]mers.

 

I already have credit cards with Barclays and Capital One, and manage them perfectly well, am not in debt to them.

 

I apologise, here, for the length of this post.

 

In June this year, I received (junk mail....) an envelope from Vanquis, offering me a credit card with them.

Because I was in need of a bit more cash at the time, I stupidly filled in the online application form, and then received a phone-call from them. They approved me for one of their cards.

 

I did NOT then know that this company, Vanquis, are for people with bad or no credit history...to my shame, I simply assumed they were a mainstream, legitimate credit card company.

 

After the card was received by me, a couple of weeks later, I used it to purchase a few items. Taking it up to within £3 of the (£250) credit limit.

When I went through the application process over the phone, in June, with one of their staff, I arranged (or THOUGHT I did...see later) a Direct Debit with them, for the minimum payment.

 

I told them that I'm on a (Civil Service) pension, and that it gets paid into my bank account on (the specific date of the month it's paid in). I thus said to them, "The DDebit will, therefore, be taken from my account several days later, right?". (ie, in line with all my other monthly payments). The Vanquis staff member said "Yes, of course

All my relevant bank details were given to him, over the phone, in June this year, in order to [or so I thought...] set up the DDebit.

 

Then, to my horror, on 18th July (just 6 days ago), I received a text from Vanquis claiming that my account was £33 overdrawn.

Of course I phoned them immediately.

I'd ASSUMED that the DDebit which had (ostensibly) been set up in June, had been taken from my account a couple of days earlier.

Ie, I assumed my account was okay. (Not then knowing that they are a [problem]ming company - as I do know, now...).

 

Prior to phoning them on 18th July, I went online to look at my account. And found, to my horror, that a couple of days earlier (ie, the date on which the DDebit SHOULD have been paid from my bank account, to Vanquis), Vanquis had slapped onto my account with them a £12 "Late payment charge" (???). A (FAKE charge, by them) charge which tipped my account over the credit limit. And that they therefore then slapped on a £12 "Overlimit charge".

 

When I eventually spoke to Vanquis on 18th July, I said "WHY did you not take the Direct Debit which had been arranged in June?". The staff member said to me "We DID try to take it from your bank, but it was rejected". (NB., this, I learnt, was a deliberate lie on the part of Vanquis...).

I told him that I had more than enough money in my ordinary bank account to cover the DDebit - that it should have been taken just a couple of days after my pension had been paid in.

 

The Vanquis chap continued to claim that my bank had rejected the DDebit.

I continued to say to him "That is nonsense, I STILL have more than enough in my bank account to cover that DDebit".

The chap then had the audacity to say to me "Pay us £31 on your next pension payday and we'll clear the overlimit charges, and start again from scratch...".

 

I checked with my own bank this morning, and not only did they confirm that Vanquis had NOT tried to put through a DDebit to them, but that NO Direct Debit has been registered with my bank, by Vanquis; even though in June I arranged such a DDebit over the phone

- even telling them that (of course) they would need to take the DDebit each month on a date a few days AFTER my monthly pension is credited to my account.

 

Having, in the last couple of days, read online re. the horrific [problem] that is being perpetrated by Vanquis - FAKE charges being slapped onto people's accounts (my own example, above, being one such), willy-nilly, and the extortionate interest charged, I'm very panicky indeed about what they might do to me, finance-wise, re. my account with them. I realise it was very careless of me not to have realised that they, Vanquis, are not a mainstream credit card company.

 

It is an immensely stressful time for me, currently, due to other personal matters, so the very LAST thing I needed, right now, was to discover myself in the nightmare situation with Vanquis that I now see I AM in - thus adding to my stressed state.

 

I've been reading some of the many horrific stories of people's experiences with Vanquis, online, and really do not know what I should do, in the first instance, to try to limit their horrific assault on my finances, with the FAKE charges they've slapped on my account with them.

And re. the fact they deliberately did not, in actual fact, set up a DDebit for me, even though in June it had, I thought, all been arranged over the phone. Ie, they deliberately did not set up a DDebit with my bank, to them, precisely in order then to PRETEND they'd tried to put through the DDebit just a few days ago, to then PRETEND it had been rejected by my bank, in order to then slap FAKE charges on my account.

 

(I've read, online, that other people have found this - that Vanquis have claimed that their bank had rejected the set-up DDebit, and then the victim discovers (as did I, earlier today) that they'd not set up a DDebit, precisely in order to slap the fake charges on...

 

 

I would very much appreciate any advice as to what I should do, in this situation.

 

Thanking you in hopeful anticipation.

Edited by ChrisSpirit58
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I would also remove your name from your profile and post as there are a lot of trolls on here

who will be able to read your dilemma and mark you out.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Bazooka Boo,

 

Many thanks for your response.

Yes, shortly after I sent my post, it did occur to me it might have been wiser not to have given my actual name.

I'd be most grateful if you could inform me as to how to "remove my name from my profile and post". Many thanks, in advance!

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Right, First off... You need to know. The forum blanks put certain words when entered into any post. So SCA* will not show up and be replaced by problem.

Ill state my points below; And hopefully resolve this for you...

 

- Vanquis charges are unfair and can be reclaimed. I have done this on no less than 9 times... The key here is that the OFT didnt agree a correct limit. Plus penalty fees are not enforceable in law.

- DD issues; Get written confirmation from the bank. Advise them about what Vanquis have told you. That letter will be a good piece of evidence. If they have been neglectful in their service to you, you can have them for breakfast.

- Call recordings are everything, Vanquis keep them for a while so they will have evidence of what happened.

 

While the crew here will say stay off the phone. I think that it might be worth actually speaking to them...

 

0344 1307088 - Vanquis Customer Action Team

 

That's Provident's compliant department.

 

Or email;

 

[email protected] - CEO Provident Group

[email protected] - MD Vanquis

 

Please let me know how you get on :)

 

To remove your personal info, click *Edit Post* to the bottom right hand corner of your post.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Fkofilee,

 

Very many thanks for your offering knowledgeable assistance! I will much appreciate whatever you may be able to suggest/advise me to do.

 

Yes, from what I've read re. Vanquis, online, in the last few days, it makes me realise they are, indeed, what you term "muppets".

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Fkofilee,

 

I much appreciate your quick response, thank you!

 

I will most definitely acquire written confirmation from my bank that Vanquis did not (contrary to their claim...) set up a Direct Debit with my bank, for them. Yes, that will be a very valuable piece of evidence, is very obvious. Why did I not think of that, this morning, when my bank told me that no, Vanquis had NOT arranged a DD with them. Answer to myself: because I'm immensely stressed.

 

Thank you so much for suggesting that it might be worth my while to contact Vanquis (contrary to what most people on here say).

 

 

One query, please.

 

 

Is there meant to be a space in the Michael Lenora email address (as you typed it, in your reply to me)?

 

 

For there is a space between the N and the K in the word 'bank'. Is that intended, or a typo? Thanks!

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Fkofilee,

 

Thank you! Yes, I'm very familiar with the sending of emails (!! I send a great deal!), I just thought it might be some peculiarity of those particular email addresses!

 

As a result of what you advised, re. obtaining printed confirmation from my own bank re. the fact that Vanquis did not set up a DD with them (even though, in the initial set-up phone call, they took my bank details and claimed that a DD would be set up), I've just spoken with my bank's HQ, and they've sent a confirmation form, stating that, to my own branch, and have told me to go to see them tomorrow morning, and they will be able to print me off a copy. Which then, as you so rightly say, will be very powerful evidence/proof to the Vanquis muppets [to use your word!] that they blatantly lied to me, in that regard.

 

Yes, I realised, on reading my printed post, that this site substitutes the word 'problem' for the SCA--- word.

 

Very sincere thanks, once again, for your help. I'll let you know how I get on!

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Thank you! I'd been attempting to find out how to amend my username, to no avail. Hopefully, the Site Team will advise me as to how to go about this.

 

I much appreciate your help.

I do feel a little less stressed, now that, as of tomorrow, I'll have printed confirmation proof that Vanquis most definitely did not arrange the DD with my bank. That will be very much in my favour, when it comes to sorting out this very nasty business.

It should, of course, have been an obvious thing for me to have requested, from my bank, when I went in to see them this morning. However, due to my stressed state, I overlooked anything other than their verbally informing me that no DD had been arranged, by Vanquis.

So I'm much obliged to you for advising me to obtain that printed confirmation.

 

What amazes me is, how can these [Vanquis] people sleep at night, knowing full well they're telling lies to people, with a bad motive behind those lies...

Edited by ChrisSpirit58
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  • 1 month later...

Fkofilee:

 

Just thought I'd update you... should have done it a couple of weeks ago, but it slipped my mind.

Vanquis have, to my surprise, pleasantly surprised me.

After several talks with their staff, over the phone (during which I said that if they took even £1 more from my account than was right, I'd go to my solicitor about them...), they said they'd refund all the incorrect [falsely applied by them....] charges, "as a goodwill gesture". They said that if I paid £43 [to clear the falsely-applied charges...], they'd credit DOUBLE that to my account. Well, I did pay £43; and they not only deducted that amount from my balance, but they deducted a further £55 off, too!

 

They've also re-adjusted the payment due date, so that it's in line with the date on which I receive my monthly pension.

 

It remains to be seen, of course, whether they will be so accommodating at the point where I'm able to clear the amount owed.... I've read some pretty nasty stories of people who, when wanting to clear their accounts with Vanquis, have found that they keep adding fabricated charges to the amount owed.

 

Thank you once again for your help, it was much appreciated!

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Im glad you had a decent result on this one :) ... I told you if you were patient with them, you would get it done :)

Glad they sorted it out. Hopefully you should have no more issues.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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I have been with vanquish for over a year and thanks to this forum i have kept one step ahead. That is how they make their Money, these charges then added onto the mouth watering APR. I settle my balance in full each month. I now have a Credit Limit of £3500 and still have a mind numbing APR of 59.9%

 

May i ask what APR you are paying??

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Hello, Capquest worst nightmare,

 

Yes, you're very right that this wicked, very materialistic company are [despicably] making their money by adding these extortionate {and often added fraudulently... as I experienced, a few months ago, as related in my originating post, here) charges.

 

My APR is the same as yours: the horrific 59.9%. As I explained in my OP, when I took out the account with them, I had no idea they were the sort of company they are; having had other very important things on my mind at the time, I didn't check them out first. Had I done so, would never have taken out an account.

 

I intend to clear my outstanding balance with them as soon as is possible. I only have the £250 credit limit; I'd never dream of having the C.L. you have...!

All the best!

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What makes it worse for me is that i now have a decent credit file with no CCJ or Defaults to justify the 59.9% APR

 

They are quick enough in putting up the credit limit to entice you into debt, yet reluctant to lower the interest rate

 

I spend no more than £50.00 a month and settle each month. I simply use it as an aid to my credit file for a payment history, nothing more

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  • 4 weeks later...

Fkofilee:

 

Just thought I'd relate this to you...!

 

Have been making the required payments to my Vanquis account ever since they eventually

{after I threatened them with legal action} refunded MORE THAN the amount of the fake charges they'd added in July.

 

To my shock,

I today found on my account another fake charge: for £0.96.

 

 

However small, it was definitely a false charge which had been slapped on.

phoned them this afternoon.

 

 

After being put on hold for quite some time,

the response was 'We agree that is a false charge, and will thus refund you £24 [and a few pence... can't recall the exact figure they quoted]".

 

Sthey're going to refund me more than 24 times the amount of the fake charge!!

 

Re. the earlier refunds [in July], which were greater than the amount of the fake charges - "a 'goodwill' gesture..."

- the note on this site, re. "Goodwill gestures" states that such companies will make these so-called 'goodwill gestures'

when they realise that the person in my position will not allow ANY fake charges

and thus they try to make it seem as if they're 'doing me a favour' by refunding a great deal more than the fake charge that had been wrongly added to my account.

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