Jumper v Vanquis

[Faithmovesmountains]

Re: Jumper v Vanquis

Thanks Jumper and FP, I'll certainly be watching what happens here, especially as I appear to be next on Mr Carter's hitlist! So please do update, if and when you can.........good luck

[FlamingParrot]

Re: Jumper v Vanquis

No worries about hijacking my thread......faithmovesmountains....the more the merrier....more info...more we all can learn...especially with the brilliant and great help from FP....and others.

Thanks FP for your step by step help....very much appreciated.

I am going to wait and see what response I get from BC....and also see what comes back through my data request also.

I am also going to write a letter to Vanquis & Lowell inquiring about the PPI that was added to my agreement and a breakdown of all charges. Hopefully should take them a couple of years to reply lol.....will keep updated.

Have you sent a SAR to Vanquis? That would be the way to find out about PPI and charges. :thumb:

[jumper999]

Re: Jumper v Vanquis

Hi FP yes I have albeit only sent it last week....so will update when I receive anything...

[Faithmovesmountains]

Re: Jumper v Vanquis

Hi Jumper, have you received any court papers from them yet, as per their letter?

[jumper999]

Re: Jumper v Vanquis

No not yet....as the last letter I received from BC said:

Thank you for your email.

We confirm that any claim/enquiry you intend to make in relation to the Payment Protection Insurance (‘PPI’) should be referred to the creditor via whom you purchased the policy.

Lowell Financial Limited was not responsible for you purchasing PPI and holds no opinion as to the merits of your claim/enquiry. You should contact the relevant creditor direct. Lowell Financial cannot act as intermediary on your behalf.

We confirm we have referred the contents of your email to our client for further instructions and we will revert to you in due course.

Yours sincerely

Bryan Carter Solicitors LLP
11 De Havilland Drive, Weybridge, Surrey KT13 0YP Tel: 0845 219 8686 Fax: 0845 223 5656
e-mail:info@bryancartersolicitors.co.uk

So guess by reading their last letter I have to wait to hear from them..plus I am also waiting for my SAR back from Vanquis.

[jumper999]

Re: Jumper v Vanquis

Quick update.

I received the letter attached below from Uncle Bryan today. He advises that his client has not received my Data Request yet. I made one on the 30 October 2013 and enclosed a £10 cheque.

I just checked my bank account and it shows that the £10 cheque was cleared yesterday so clearly they have received my Data Request and have cashed the cheque.

He has also kindly advised that he has put my account on hold until the 5 December 2013 and give me time to chase up my Data Request. I will be sending him a response and tell him that his client has received my Data Request and that he should get his facts straight before replying. I know that maybe the days over lapped each other as his letter is dated the 14 Nov 13 and the cheque of £10 was cleared on the same date.....BUT.....his client would have needed 3 days for the cheque to clear......not sure when he asked them...but I can respond and confirm that they have received it, and I will be in touch. I see that he has not responded to any of my questions about the charges and PPI added to the claim. He only sees it fit to give me a half reply. I will be addressing my issues in full detail to him in my response.

This is my letter to them dated the 1 November 2013.....I know I have received my cca request but just added that I did not...just to see if they sent me another one and it was different to the one they sent...and the original one I have.


Date: 1 November 2013
Dear Sirs

Re your letter dated 21 October 2013. Thank you for your letter, the contents of which I have noted.

Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one. I refer you to the Civil Procedure Rules Pre-Action Protocol practice direction, in particular Annex A and Annex B. You will note your letter fails to comply with either of the aforesaid Annexes. Since you are a firm of solicitors, I cannot excuse such failures, and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed, with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre-Action Protocol.

Turning to the subject matter of your letter, this matter is the subject of a dispute which has been raised with your client’s representatives, and therefore it would be appropriate before you threaten litigation for your clients to actively deal with the issues which I have raised.

The main crux of my dispute is the unfair and excessive default charges. Your client mis-sold me PPI and also charges associated with it, which was added to the account and interest on top. The PPI was a failure of consideration as it provided no benefit to me.


On the 11 August 2013 I received a letter from your client advising me that they were requesting a copy of the agreement from the original lender, and I would receive in the 12 days required period, If however it would take longer they would contact me.

I have not to date received a copy of the agreement neither have I heard from your client to date advising the delay as they had advised.

I am also awaiting a response to a Subject Data Request that was sent to your client on the 30 September 2013 to ascertain my position.

If you issue court proceedings without settling the above matters satisfactorily they will be vigorously defended.

Accordingly, and in accordance with the CPR Pre Action Protocol practice direction, I look forward to your reply setting out correctly the nature of your clients claim and answering my dispute as stated above.

Yours faithfully,

[FlamingParrot]

Re: Jumper v Vanquis

I received the letter attached below from Uncle Bryan today. He advises that his client has not received my Data Request yet. I made one on the 30 October 2013 and enclosed a £10 cheque.

I just checked my bank account and it shows that the £10 cheque was cleared yesterday so clearly they have received my Data Request and have cashed the cheque.

He has also kindly advised that he has put my account on hold until the 5 December 2013 and give me time to chase up my Data Request. I will be sending him a response and tell him that his client has received my Data Request and that he should get his facts straight before replying. I know that maybe the days over lapped each other as his letter is dated the 14 Nov 13 and the cheque of £10 was cleared on the same date.....BUT.....his client would have needed 3 days for the cheque to clear......not sure when he asked them...but I can respond and confirm that they have received it, and I will be in touch. I see that he has not responded to any of my questions about the charges and PPI added to the claim. He only sees it fit to give me a half reply. I will be addressing my issues in full detail to him in my response.

Reading their response and the paragraph below, I think I know where they're coming from. There has been a bit of a confusion regarding what was sent to who.

Presumably you sent the SAR to VANQUIS, because you were looking for statements to find out about PPI and charges, etc. But BC are not acting for Vanquis, they're acting for LOWELL, thus when you say 'sent to your client', they assume it would have been to Lowell, when it should have read: "sent to Vanquis" or "sent to the OC".

In a way, they are right to say that "his client has not received the data request" because his client (Lowell) wouldn't have received anything if it was sent to Vanquis. The data request was sent to the original creditor because his client (Lowell) wouldn't be in possession of historical data such as statements.

I am also awaiting a response to a Subject Data Request that was sent to your client on the 30 September 2013 to ascertain my position.

[jumper999]

Re: Jumper v Vanquis

:lol: your right FP.....I will all the same write to BC and say that I sent my Data Request to Vanquis the OC and not their client.

Oh this just gets better hey...first they were writing me confusing letters and now I'm doing the same to them...must be catching......

Do you suggest anything else I should add to my letter.....probably a good idea to clear the confusion about where I sent the SAR don't you think?

[FlamingParrot]

Re: Jumper v Vanquis

:lol: your right FP.....I will all the same write to BC and say that I sent my Data Request to Vanquis the OC and not their client.

Oh this just gets better hey...first they were writing me confusing letters and now I'm doing the same to them...must be catching......

Do you suggest anything else I should add to my letter.....probably a good idea to clear the confusion about where I sent the SAR don't you think?

I agree, definitely a good idea to clarify matters and tell them you are awaiting a SAR from Vanquis. I'd use the opportunity to mention the subject of charges and PPI, after all that's the whole reason for your SAR, isn't it? :thumb:

[jumper999]

Re: Jumper v Vanquis

I have sent an email to Bryan Carter: will wait and see what he comes back with and when I get my SAR back by the 5 October 2013. It's only been 18 days so far....will be 37 days on the 5 December 2013.....and if I don't hear nothing by that date then will contact Vanquis again after the 40 days plus 2 are up. It is certain they have received my SAR as they have cashed the £10 cheque.


Dear Sirs,

Further to your letter dated the 14 November 2013 I can confirm that a Subject Access Request was made on the 30 October 2013 to the Original Creditor Vanquis Ltd.

The cheque in the sum of £10 was enclosed with the SAR and was cashed on the 14 November 2013.

For your reference I have attached a copy of the SAR I made and have not received a response to date. You will see that I have included information that I have requested

"I would like a full and detailed breakdown of all PPI & Repayment Option Plan costs charges, and how they have been calculated and how much interest has been added to these charges."


You have advised me that you have placed my account on hold until the 5 December 2013 and allowed me time to deal with the SAR with your client, but it is the original creditor (Vanquis) to whom the SAR request was sent to and not your client. My apologies for the misunderstanding.



You have confirmed that your client complied with my cca request made to you on the 2 August 2013. Please forward me a copy of the request sent as advised.



If there is any further information that you require please do not hesitate to contact me.


I look forward to hearing from you.


Kind Regards

[jumper999]

Re: Jumper v Vanquis

Received this reply from BC at 8.00pm today...looks like they work late!

Dear xxxxx


Thank you for contacting us.

We have referred the matter to our client, and are awaiting further instructions. We will revert back to you in due course.

Yours sincerely

[FlamingParrot]

Re: Jumper v Vanquis

Received this reply from BC at 8.00pm today...looks like they work late!

Dear xxxxx

Thank you for contacting us.

We have referred the matter to our client, and are awaiting further instructions. We will revert back to you in due course.

Yours sincerely

Sounds good to me! :thumb:

[jumper999]

Re: Jumper v Vanquis

Thanks FP.....well that was quick. I received my Data Request today from Vanquis the original Creditor.

In total there are 4 pages...and thats it...no statements or anything else.......looks like a log history. I have not gone through all of this yet....but have noticed on page 5 notes are made where they admit they refused to accept of my offer of payments towards the debt. I can only see 2 notes made but I am sure there are more which I have.

Do I just wait and see what BC has to say now?

Least the history notes show that I was paying the repayment option plan fee "ROP"....I know its not much but it was added.

[jumper999]

Re: Jumper v Vanquis

I have gone through the SAR that Vanquis sent...all 4 pages and have added the charges together....and they include:

Repayment Option Plan = £21.47
Late Payment Charges = £ £84.00
Overlimit Charges = £36.00
Merchandise Interest = £ £12.23
Cash Interest = £ 80.95
Cash Advance Fee £ 12.00

In total £246.65...take that away from the £689 debt is approx £442.32.....credit limit on card was £500....so the total charges added took the limit over the top.

Not sure what I will be able to claim...the ROP payments and £12 charges maybe yes...the others I am not sure as they are mentioned in the terms and conditions. Then again just because they are written there does not mean they are fair.

BC have given me until the 5 December and have placed the account on hold.....now I can contact them and say that I have received my SAR from Vanquis and I am not happy about the charges. I should ask them to deduct the total of £246.65....not 100% if I can claim interest on top of that amount?

Plus another thing....in the SAR ON PAGE 5....there are two entries 23/04/09 and 24/04/09 where they have made a note refusing my offers to pay.

Just a sum up of something to negotiate with BC.....If Vanquis had accepted my offers of payments back in May 2009.....to date I would have paid approx £240 and be left with approx £202.....as they have added so many charges and ROP charges......and have been beyond unreasonable......by not accepting my offers.....and have passed my account from DCA to DCA......then I do not believe they have the right to be demanding the full amount they claim I owe.....because after the total is broken down....penny by penny they know that they will not be allowed to claim 100% what they want. They threaten people with costs in the hope that they will be scared into agreeing to what they want.

I mean, imagine if this case was infront of the judge....I would argue that I wanted to pay....but could not afford making full repayments due to genuine financial difficulties...I never ignored or denied to pay what I truly owed...I made several attempts to settle this matter.....all of which were refused by Vanquis....they have added so many charges to my account....knowing that I was already struggling financially.....and if I tell the court I can only afford £1 a month the court will agree...where as before I was offering more and this was refused by Vanquis.

If this is not an abuse of the court process I don't know what is. I will write out a detailed complaint with the issues I have....and contact BC by the 5 December......

Any comments?

[jumper999]

Re: Jumper v Vanquis

http://www.theguardian.com/money/201...nt-option-plan

An article a few years ago.