***urgent advice needed***

[Amethyst]

Re: ***urgent advice needed***

mmmm interesting - have you got the terms of the card ? (probably not if they haven't sent you the cca) Shouldn't minimum payment cover being overlimit?

[Eagle1977]

Re: ***urgent advice needed***

mmmm interesting - have you got the terms of the card ? (probably not if they haven't sent you the cca) Shouldn't minimum payment cover being overlimit?

To be honest, I have no idea I would like to assume so. I've sent a CCA request to the OC, hopefully that will include the terms. Personally, I think their stalling just have a feeling somehow.

Eagle x

[Eagle1977]

Re: ***urgent advice needed***

mmmm interesting - have you got the terms of the card ? (probably not if they haven't sent you the cca) Shouldn't minimum payment cover being overlimit?

*****UPDATE*****

I received something from the OC today which they claim is the consumer credit agreement.

It is titled. "Digital Signature Application Form" it then has my details address, telephone number, salary, etc etc. Then stapled to the back of the application form are pages of terms and conditions. There is nothing to say I agree to the T's and C's not even a tick box.

Also I asked them for a copy of the DN. They never sent one.

I had to send them proof of address to receive the CCA in the form of a bank statement. I asked them to return it to me with the CCA but they did not!

Can anyone help with this so called CCA?

Eagle

[Eagle1977]

Re: ***urgent advice needed***

*****UPDATE*****

I received something from the OC today which they claim is the consumer credit agreement.

It is titled. "Digital Signature Application Form" it then has my details address, telephone number, salary, etc etc. Then stapled to the back of the application form are pages of terms and conditions. There is nothing to say I agree to the T's and C's not even a tick box.

Also I asked them for a copy of the DN. They never sent one.

I had to send them proof of address to receive the CCA in the form of a bank statement. I asked them to return it to me with the CCA but they did not!

Can anyone help with this so called CCA?

Eagle

Anyone?

[Eagle1977]

Re: ***urgent advice needed***

Hi everyone

i have been looking at the default notice issued to me by these sub-human credit providers.

it States:

Account balance £866.70
Credit limit £250.00
Payment Due £101.02

ok when they issued this notice the account balance was £866.70. However, the default on my credit reference shows as £956.00?

Where has the extra £89.30 come from? Would this be interest? Or is the account terminated from the default

[FlamingParrot]

Re: ***urgent advice needed***

*****UPDATE*****

I received something from the OC today which they claim is the consumer credit agreement.

It is titled. "Digital Signature Application Form" it then has my details address, telephone number, salary, etc etc. Then stapled to the back of the application form are pages of terms and conditions. There is nothing to say I agree to the T's and C's not even a tick box.

It has been a while since you posted the above, apologies for missing it.

With online applications, a tick box would have been presented to you at the time of the application, saying something like "I agree to the T&Cs..." and you wouldn't have been able to proceed with your application without ticking it. If your application was on or after January 2005, the tick box would have fulfilled the role of a signature and there would be no further need for them to send you a paper copy to sign. The tick box would have been on the online form, not at the end of the T&Cs as with paper applications.

[FlamingParrot]

Re: ***urgent advice needed***

i have been looking at the default notice issued to me by these sub-human credit providers.

Is there any chance you could scan it and post it up (removing personal details but ideally leaving dates on as they are important :thumb :typing:

it States:

Account balance £866.70
Credit limit £250.00
Payment Due £101.02

To be compliant, they should only have asked for the arrears, if they were £101.02 that would be OK, however, there's still the issue with the dates .

A non-compliant DN can work in your favour if they took you to court, otherwise it's not something to argue over with them at the pre-court stage.

I have to ask, if the credit limit is just £250, how did the account balance grow to £866.70 by the time they issued the DN? That's over 3 times the limit! :scared:

ok when they issued this notice the account balance was £866.70. However, the default on my credit reference shows as £956.00?

Where has the extra £89.30 come from? Would this be interest?

Probably interest and/or more late charges.

Or is the account terminated from the default

No, the default notice is intended to give you the opportunity to rectify the breach, so the account wouldn't have been terminated at that point.

[Eagle1977]

Re: ***urgent advice needed***

Hi

im not that technology minded. However, if you think it could help, I can email it to you.

The date on the default is the 22 January 2013. It then goes on to say that I would need to pay the £101.2 by the 10th February 2013? Does that help?

Basically, I went slightly over the credit limit by a few pounds. I set up a direct debit to pay the minimum amount. I continued with this DD for a few years hoping it would just pay the card off eventually. However, they were adding penalty charges of £12.00 plus purchase interest each month. This was continuing for a few years and my payments weren't even covering their charges. So, subsequently the debt was just spiralling out of control.

I should have noticed this earlier, but I moved from my parents house where the account was registerd and never updated the provider with a new address because I moved around an awful lot. Stupid, I now realise!

I sent a SAR to the provider and the total charges amount to £600.00

i even wrote to them and explained what had happened offering to settle the full amount in return for the default being removed. Their answer was 'nope'

Fortunately, I can just pay them off because my circumstances have changed for the better, they just won't remove the default!

[FlamingParrot]

Re: ***urgent advice needed***

im not that technology minded. However, if you think it could help, I can email it to you.

The date on the default is the 22 January 2013. It then goes on to say that I would need to pay the £101.2 by the 10th February 2013? Does that help?

Sounds like it may be compliant.

Basically, I went slightly over the credit limit by a few pounds. I set up a direct debit to pay the minimum amount. I continued with this DD for a few years hoping it would just pay the card off eventually. However, they were adding penalty charges of £12.00 plus purchase interest each month. This was continuing for a few years and my payments weren't even covering their charges. So, subsequently the debt was just spiralling out of control.

I should have noticed this earlier, but I moved from my parents house where the account was registerd and never updated the provider with a new address because I moved around an awful lot. Stupid, I now realise!

I sent a SAR to the provider and the total charges amount to £600.00

i even wrote to them and explained what had happened offering to settle the full amount in return for the default being removed. Their answer was 'nope'

Fortunately, I can just pay them off because my circumstances have changed for the better, they just won't remove the default!

Sadly defaults are not usually removed even when paid, the theory is that they reflect your conduct with the account, i.e. you defaulted, even if you later on paid, it would just be marked as 'settled' or 'satisfied'. In view of this fact, there's probably not much point in paying unless they accept a low amount in full and final, bearing in mind that, if you haven't paid for some time, any repayment offer would constitute acknowledgment of the debt and reset the statute barred clock. :clock:

[Eagle1977]

Re: ***urgent advice needed***

Hi everyone,


Its been a while since I posted here but I think there may be a development in my attempts to remove the Vanquis default. Just to briefly sum up the situation.


I have been attempting to remove a default issued by Vanquis Bank, now owned by Cabot. Baiscally, when I moved home I sent Vanquis a written request to update my address details. Vanquis failed to complete this request but documented it on their communications log that I had provided a new address, but they were unable to contact me so no further action was taken by them. I had no access to a personal landline or mobile so was unable to call them. Despite this their agent documented on their contact log that they were unable to contact me on my mobile. I don not have a mobile or have ever registered one with Vanquis! However, they have my work number and could of easily reached me via this.


Anyway, because Vanquis did not update my new address details as requested they apparently sent the default notice, termination notice and notice of assignment to my previous address which resulted in me never receiving them and an eventual default being recorded on my credit file.


I have been told by Vanquis that due to data protection they needed to carry out certain checks before they would update my new address details and therefore required to speak to me over the telephone.


Today, I have been sorting out some old paperwork and came across my original credit agreement from Vanquis Bank. It states under notices:




14 Notices


14.1 You or the Additional Cardholder must let us know immediately if:


14.1.1 your or their Card or Cheques become lost or stolen;


14.1.2 your or their PIN is likely to be misused or has been disclosed;


14.1.3 your statement includes any information that seems wrong;


14.1.4 you change your name or address. If you fail to inform us and we have to trace you, we may charge a Tracing Charge, as set out in paragraph 4.1.5. You should also keep us informed of any changes to your telephone or mobile number and/or your email address. We may request copies of documentation certified by a solicitor or notary public as proof of any change to your name; and/or


14.1.5 you want to end this agreement.


14.2 It is also important to tell us of any changes to your financial circumstances.


14.3 You can notify us by writing to Vanquis Card, Customer Service, P.O Box 399, CHATHAM ME4 4WQ or by telephoning 0871 770 5555. We may ask you to confirm in writing any notice you give us by telephone.


There are two relevant sections in this document which I have highlighted. Section 14.1.4 you change your name or address. 14.3 You can notify us by writing to Vanquis Card, Customer Service, P.O Box 399, CHATHAM ME4 4WQ or by telephoning 0871 770 5555.

I changed my address and notified Vanquis Bank in writing. So, in my opinion I followed the credit agreement as stated. It does not state anywhere that if I notify Vanquis of an address change in writing, that due to the data protection act Vanquis will need to clarify any changes made by speaking to me over the phone.


With this in mind, surely Vanquis did not follow their own rules, as outlined in their own document, and update my address as I requested them to do in writing, as they asked? As a direct result of this they apparently sent the default notice, termination notice and notice of assignment to the wrong address and in doing so I was not given the statutory 14 days to remedy any breach.


This is not fair and I have had this default on my file for two years!


Could this information help me in anyway? Any help greatly appreciated.


Eagle

[MIKE770]

Re: ***urgent advice needed***

I sent Vanquis an E-Mail changing address = completely ignored & the old telephone us rings a bell.

[nemesis45]

Re: ***urgent advice needed***

Have you ever taken this to Formal Complaint level with Vanquis at director level?

nem

[Eagle1977]

Re: ***urgent advice needed***

Have you ever taken this to Formal Complaint level with Vanquis at director level?

nem

Hi nem

I have complained to the Vanquis CEO previously about them not updating my address despite them documenting it on their contact log. Unfortunately, I was fobbed off. However, I only found this credit agreement/ terms today.

Eagle

[Kati]

Re: ***urgent advice needed***

A second complaint maybe [MENTION=55034]nemesis45[/MENTION]?? with the extra info attached?

[nemesis45]

Re: ***urgent advice needed***

Hi nem

I have complained to the Vanquis CEO previously about them not updating my address despite them documenting it on their contact log. Unfortunately, I was fobbed off. However, I only found this credit agreement/ terms today.

Eagle

May be worth another complaint headed Formal Complaint it avoids " brush offs" and you could if the response is inadequate take the complaint to FOS and report to the FCA.
nem

- - - Updated - - -

A second complaint maybe @nemesis45?? with the extra info attached?

Yes most certainly!!

nem