Vanquis Credit Card Old Debt - moorcroft pestering by phone day and night

[Baz1994]

Well I have been receiving various calls from these muppets from different numbers, some just silent or nothing left on my voicemail.

 

This is becoming a regular occurrence and now receiving calls late evening and early mornings so yesterday I sent a harassment letter asking them to remove all contacts from their records and stop calling me.

 

Anyway today I answered the phone and spoke to 'Cheryl' nice girl but she started to bleat on about credit cards etc in which I stopped her in her tracks and mentioned about their constant calling and that I had submitted a relevant complaint.

 

She took the liberty to then inform that they can call me up to 8 times a day - is this correct or should I now submit a further complaint regarding this conversation ?

[obiter dictum]

If you have submitted a complaint in writing then they are duty bound to remove all telephone contact numbers.

 

I would like to know where she gets the idea they can call you 8 times a day, shame you did not record that?

 

Saying that it is a little early for that harassmant letter to kick in and be acted upon

[Baz1994]

Thanks obiter dictum.

 

Yeah a missed opportunity but I can always request details if need be but I have a calls log list with times and dates anyway. She did not know what to say when I questioned it and asked for evidence that allows the company to do this.

 

I know about letter but I did take the opportunity to mention that it was on its way and that a copy has also been passed to relevant bodies who might be interested.

 

Watch this space

[fkofilee]

Incorrect, there is no defined limit, however over 3 times a week for calls relating to sales or collection is excessive IMHO.

Next time they ring, record it and play along.

[Baz1994]

Thanks fkofilee.

 

Hopefully there will not be a next time after receipt of my letter and other parties involvement.

[Baz1994]

Opened April 2015.

 

Got behind on payments in Sept 2017.

 

Vanquis contacted me to arrange repayment plan. Then received demand from Moorcrofts.

 

Account returned to Vanquis Case Manager October 2017. 

Interest frozen but no monthly payment plan agreed as no further correspondence received.

 

I have had no statements since Sept 2017?

 

Last payment October 2017.

 

I have checked Experian today and states that Credit Card in Default January 2018?

 

I have never received any details confirming this and I am a bit concerned what to do? Will I suddenly get something from them threatening legal / Court action?

 

Do I contact Vanquis or hang fire ?

 

Any advice would be appreciated.

 

 

  

[dx100uk]

OC 's don't do court

 

dx

 

[Baz1994]

Ok dx yes you are right.

 

I am somewhat confused as to what is going on but details showing as default on Credit Report.

 

All communication including statements, e-mails, letters etc stopped around October 2017.

 

Do I just leave for now?

 

 

[dx100uk]

as long as you've not moved since taking the card out then i expect they'll sell it on at some point

or could it be there is another issue like they should never had given you the card in the 1st place?

 

if your credit file was shot with defaults and you had lots of other debt there might be a case for an irresponsible lending claim?

 

tell us the story

 

dx

 

[Baz1994]

Thanks again dx.

 

No I am still at the same address.

 

I used to get posted & emailed statements from Vanquis.

 

Also a letter from Moorcroft demandGing payment / plan.

 

Referred back to Vanquis as didn't want dealings with them.

 

Then they stopped? October 2017.

 

I recently checked my credit score and saw details on there. Intending to pay-off debt.

 

This and another 2 cards in which I have an arrangement with (all rather small amounts) appear on it.

 

Totally bemused dx

 

As per my old and new posts all correspondences have now ceased from all parties hence me raising issue again.

 

If defaulted in January 2018, surely I should have been notified?

 

 

[dx100uk]

Well send an sar then you have everything ready when they sell it to a dca

[Baz1994]

Thanks dx again as always.

 

I will send one to Vanquis as soon as possible.

 

Just intrigued as to what they will send.

 

Credit report states that default amount outstanding hasn't changed?

[dx100uk]

why should it change?

dx

[Baz1994]

Well was on the assumption that they may have kept adding interest and no monthly payment due dx

[Baz1994]

I sent a GDPR / Subject Access request to Vanquis via recorded delivery on 14th April, 2022, using CAG template and for all details under my said name and account. It was received and signed for by Vanquis on 16th April, 2022.

 

Vanquis sent a letter dated 21st April, 2022 requesting my full account number and date of birth before processing my request?

 

Anyway I replied with details on 23rd April, 2022.

 

When does the 1 month response with details start. From the 14th April, 2022 or 23rd April, 2022?

 

Many thanks for any comments.

 

 

 

 

 

 

[AndyOrch]

Date of receipt...topic moved to the appropriate forum.

 

Andy

[Baz1994]

Ok Andy, sorry about that and many thanks.

 

So 1 month from 16th April 2022 or receipt of my reply on or around 24th April, 2022?

 

Cheers again.

[dx100uk]

old and new threads merged.

 

should be 30days from request but they are entitled to check your details. 1 extra week wont hurt.

had you moved since taking this out?

 

why are you sending this sar , has the debt now been sold on?

 

dx

 

 

 

[Baz1994]

Hi dx thanks for your reply and merging posts.

 

I am still at same address as when card was taken out in 2013.

 

I found a Notice of sums in arrears received November 2017?

 

I recently received a letter from Lowel's saying that they had taken over the debt, hence why I sent Vanquis an SAR.

 

They want me to enter into a repayment plan.

 

As mentioned before I had never received any written default details?

 

Shall I just wait for SAR / GDPR details from Vanquis before responding further?

 

Or should I send Lowel's a CCA Request?

 

Many thanks for your comments. 

 

 

 

 

Edited May 15, 2022 by Baz1994

[Badtimes123]

Hi Baz,

 

If debts have been sold to DCA's and they have written with a Notice of Assignment, then you should be firing a CCA request to them yes - dx commented this in my thread.

 

The Notice of Assignment will read something like " (insert company name) has assigned all of it's rights, title and interest in respect of....."

 

You could remain silent still (I did) and it will likely proceed to a Letter of Claim, in which point you follow post 2 here: Letter of Claim

 

BT

[Baz1994]

Ok Badtimes123 many thanks and I will send DCA a CCA request and await SAR details from Vanquis.

 

Regarding the Notice of Assignment from Vanquis, they only advise of change of ownership to Lowell's and that it was sold on 30/3/22.

 

Vanquis also state that my agreement was terminated with effect from 29/03/22 yet default notice was supposedely sent 31/01/18 ?     

[Badtimes123]

Apologies something dx told me in my thread - it sometimes states 'sold', that is the Notice of Assignment.

As long as it doesn't say 'acting on behalf of my client...' which just means a DCA is going to be harassing you on behalf of the OC   But I understand Lowell's are a debt buying company and have most likely purchased the debt so you're good. You should also see on your credit file that Lowell now owns it.

 

Default Notice does come first, it is your opportunity to act (within two weeks) and not have the agreement terminated, like catch up arrears and continue agreed payments thereafter. I don't think the OC is bound by any time limit as to when they choose to terminate the agreement, although 3 years is a long time!

 

DN matters for Statute of Limitations, terminating agreement means nothing in the grand scheme really.

 

 

Edited May 15, 2022 by Badtimes123
typos

[Baz1994]

Many thanks again for comments.

 

I have just checked my Equifax Credit File but still states Vanquis so I am confused? Perhaps takes a while to up-date?

 

Like I said I cannot ever remember receiving the Default Notice from Vanquis  but can only find a notice of arrears letter. Hence why I have requested a SAR / GDPR from Vanquis for details.

 

It's actually 4 years between Default Notice and internal termination of account hence my concerns.

 

Should I still send a CCA to Lowell's ?

Edited May 15, 2022 by Baz1994

[Badtimes123]

Whats the date on the Notice of Assignment? you mention being received 'recently'

 

No Default Notice is great news for you! and will assist you defending in the future.

 

Credit file - Yes there will definitely be a delay with updates if say Lowell only just purchased it. I just checked mine to confirm. OC still appears under 'default account' however the value is £0, then the Debt Purchaser shows also under default account with the amount 'bought'

[dx100uk]

you should know by now whenever a debt is sold on you always CCA.