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    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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shalzak

Vanquis Credit Card Payment Reversal

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Hi all - hoping someone can give me some guidance.

 

Back in June, I withdrew £200 in cash from my Credit Card as my daughter was going away and urgently needed funds. She agreed to pay me back when the statement came in the following month.

 

So, she paid the £200 back in July directly to my credit card and we have since fallen out - basically over her lifestyle and dishonesty pertaining to it.

 

Anyway, the upshot is, Vanquis have reversed the payment this month and debited the account as she has disputed the transaction saying that she doesn't recognise the payment.

 

I'm not sure I can do anything about this at all but thought I'd check with you knowledgeable lot for any ideas! I would mention that my credit card and her bank card both have the same surname and at the time, I think, the same address.

 

Looking forward to people's thoughts - thank you :-)

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Well I'm very sorry that you're having this kind of family dispute. These things can be very ugly and because lasting damage amongst family relations.

 

I suppose that there are all sorts of formal routes that you could take that might it not be best to start trying to talk gently with your daughter to try and restore a bit of the relationship between you. I suppose if that fails then maybe your next step might be to remind her that it won't be difficult to establish with the bank that she did make the payment in repayment of the loan you made her because you have evidence of the loan and presumably the credit card company will have their own evidence that she – either made the payment in person over a bank counter, or else made the payment through her own computer terminal. I'm quite sure the source of the payment would be easily traceable.

 

You could then point out to your daughter that once this is established, her bank is quite likely to close her account.

 

Of course, the final thing you could do is simply let it go and make sure you don't lend her any money again in the future.


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Well I'm very sorry that you're having this kind of family dispute. These things can be very ugly and because lasting damage amongst family relations.

 

I suppose that there are all sorts of formal routes that you could take that might it not be best to start trying to talk gently with your daughter to try and restore a bit of the relationship between you. I suppose if that fails then maybe your next step might be to remind her that it won't be difficult to establish with the bank that she did make the payment in repayment of the loan you made her because you have evidence of the loan and presumably the credit card company will have their own evidence that she – either made the payment in person over a bank counter, or else made the payment through her own computer terminal. I'm quite sure the source of the payment would be easily traceable.

 

You could then point out to your daughter that once this is established, her bank is quite likely to close her account.

 

Of course, the final thing you could do is simply let it go and make sure you don't lend her any money again in the future.

 

+1

 

I feel for you, your daughter shouldn't have put you in this situation.....

 

I do agree with BF post above, maybe try speaking to your daughter before going down the other avenues.

 

I do hope you manage to get this sorted without your relationship getting worse.

 

Good luck!


I don't suffer from insanity, I enjoy every single minute of it!!

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Thanks for your advice - the ship has sailed, at the present time, for any kind of gentle talk. We haven't seen each other since June with no hope of repair of the relationship until she realises how much we do love her - which will take a big helping of me admitting that I've over-protected her, mollycoddled her and generally made my own bed!

 

Unfortunately, when you consistently try to over compensate for your own childhood, you run the risk of ruining the next generation too. £200 is a mere drop in the ocean compared to the thousands that she has categorically stated that she is not paying back - I thought I'd ask for people's advice as this last £200 is the straw that, nearly, broke the camel's back!

 

I'm going to go back to sucking it up and carry on paying the debts that this daughter has left me in along with the other few thousand that my other daughter and ex-boyfriend have also recently left me in (no kidding, this crap is real!). Oh well, life's short - money is fluid and we can't take it with us.

 

Thank you again for your help :) x

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