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Hi everyone,
Tricky one here.
Sent Vanquis update on new address in May last year (standard mail), no reply, didn't get statements for months and forgot about it. landlord forwarded some mail, got notice of default after default in september (though still not showing on credit file). ranf but couldn't get fixed or account reinstated (I offered to make payment but they refused - said that it was with 1st credit now and i needed to conatct them/wait for them to contact me), so sent CCA request (recorded del) as frustrated with situation. No reply within 12+2, reply finally came more than a month after that. No CCA, claimed as it was online application that i had to have agreed to terms, just sent current hard copy t&cs with no sig or elctronic sig. Doesn't look enforceable to me:
I CAN CONFIRM THAT YOU INITIALLY APPLIED FOR ONE OF OUR CARDS USING THE ON-LINE APPLICATION FORM IN SEPT 08 AT 2.00PM. BASED ON OUR CRITERIA AT THAT TIME WE WERE PLEASED TO BE ABLE TO OFFER YOU A VANQUIS CARD ON THAT OCCASION. I CAN CONFIRM THAT THE ABOVE APPLICATION WAS SUBSEQUENTLY AUTHORISED ON SEPT 08 AT 9.00AM AND AN ACCOUNT OPENED SHORTLY AFTERWARDS.
PLEASE NOTE THAT THE NECCESSARY CONSENT WOULD HAVE TO BEEN GIVEN BY YOU AT THE APPLICATION STAGE BY AGREEING TO BE BOUND BY THE TERMS & CONDITIONS. FOR FURTHER CLARIFICATION ON THIS MATTER PLEASE REFER BACK TO THE APPLICATION WHICH CLEARLY STATES AND I QUOTE "PLEASE READ THE SUMMARY BOX, FULL TERMS /CONDITIONS AND PRIVACY WOULD BE NECCESSARY FOR THE APPLICANT TO TICK THE APPROPIATE BOXES. PLEASE BE ADVISED THAT THIS IS CALLED A DIGITAL SIGNATURE, AND NOTE THAT THE FAILURE TO GIVE YOUR CONSENT IN THIS MANNER WOULD RESULT IN THE INABILITY TO PROCEED ANY FURTHER WITH THE APPLICATION.
GIVEN THE ABOVE , PLEASE BE ADVISED THAT I AM THEREFORE UNABLE TO FORWARD YOU A "HARD COPY" OF YOUR APPLICATION. HOWEVER PLEASE FIND ENCLOSED A COPY OF THE TERMS/CONDITIONS THAT WERE INITIALLY SENT TO YOU WITH THE 2WELCOME" PACK AND CARD.
Am planning on sending this back to them (have hidden specific dates deliberately):
Dear Sirs,
I am writing to you in respect of your letter dated x February 2009.
I DO NOT ACKNOWLEDGE ANY DEBT TO YOURSELVES.
You have failed, even having replied some four weeks after the legal deadline, to provide me with a true copy of the Consumer Credit Agreement, and this account remains in serious dispute.
The prescribed terms specified in Sch 6 of Consumer Credit (Agreements) Regulations 1983 SI1553 require more information than you provide in your letter as evidence of an agreement, and I make the point that what you do provide is legally unenforceable.
According to information on my credit file with Experian, this account has missed six payments. May I remind you that this account has been in serious dispute since 12+2 working days since I sent my CCA request, by recorded delivery, on x December 2008. This means that you are legally required to stop processing data in relation to this account from x January 2009. However, you have continued to do so.
Not only is this a breach of OFT guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.
The statutory time period allowed has elapsed and you are in default in relation to CCA 1974. Whilst your default continues, you are not entitled to enforce any part of this alleged agreement.
This includes, but is not limited to, the following:
• You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you.
• You may not add any further interest or charges to this account.
• You may not pass this alleged account to any third party.
• You may not register any information in respect of this alleged account with any of the credit reference agencies.
• You may not issue a default notice related to this account.
Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.
My CCA request all revolves around one simple issue: on x May 2008 I provided you with a new address for correspondence, which you ignored. I have therefore – until I notified you again, by telephone in [months later] 2009 - received only sporadic account updates that have been forwarded to me, meaning that I have been unaware of account activity until then. Therefore, I consider this account in dispute since May 2008, as you have failed to notify me of account activity, as per your terms and conditions.
This account might not have been in arrears had you kept to your side of the contract throughout.
To satisfy me, I require the following:
1. An explanation of how the address error occurred in the first place.
2. Confirmation that you have corrected your errors and made sure that Experian has done the same.
3. Confirmation that you will compensate me for losses caused by returning the account to the original standing of May 2008, including the removal of interest.
4. A copy of the Consumer Credit Agreement.
Please note, that as you are in default, I do not recognise any debt and no payments will be made to this account until all errors corrected, including the appropriate adjustments to all information supplied to the relevant credit agencies.
Legal action will be considered if you do not adhere to these requests. I am fully aware of my rights regarding the law and handling of credit accounts. All correspondence is sent by recorded delivery and details kept on file.
I look forward to hearing from you within 10 working days.
Yours sincerely
XXXXXXX
What do you guys think? Thanks in advance.
Tricky one here.
Sent Vanquis update on new address in May last year (standard mail), no reply, didn't get statements for months and forgot about it. landlord forwarded some mail, got notice of default after default in september (though still not showing on credit file). ranf but couldn't get fixed or account reinstated (I offered to make payment but they refused - said that it was with 1st credit now and i needed to conatct them/wait for them to contact me), so sent CCA request (recorded del) as frustrated with situation. No reply within 12+2, reply finally came more than a month after that. No CCA, claimed as it was online application that i had to have agreed to terms, just sent current hard copy t&cs with no sig or elctronic sig. Doesn't look enforceable to me:
I CAN CONFIRM THAT YOU INITIALLY APPLIED FOR ONE OF OUR CARDS USING THE ON-LINE APPLICATION FORM IN SEPT 08 AT 2.00PM. BASED ON OUR CRITERIA AT THAT TIME WE WERE PLEASED TO BE ABLE TO OFFER YOU A VANQUIS CARD ON THAT OCCASION. I CAN CONFIRM THAT THE ABOVE APPLICATION WAS SUBSEQUENTLY AUTHORISED ON SEPT 08 AT 9.00AM AND AN ACCOUNT OPENED SHORTLY AFTERWARDS.
PLEASE NOTE THAT THE NECCESSARY CONSENT WOULD HAVE TO BEEN GIVEN BY YOU AT THE APPLICATION STAGE BY AGREEING TO BE BOUND BY THE TERMS & CONDITIONS. FOR FURTHER CLARIFICATION ON THIS MATTER PLEASE REFER BACK TO THE APPLICATION WHICH CLEARLY STATES AND I QUOTE "PLEASE READ THE SUMMARY BOX, FULL TERMS /CONDITIONS AND PRIVACY WOULD BE NECCESSARY FOR THE APPLICANT TO TICK THE APPROPIATE BOXES. PLEASE BE ADVISED THAT THIS IS CALLED A DIGITAL SIGNATURE, AND NOTE THAT THE FAILURE TO GIVE YOUR CONSENT IN THIS MANNER WOULD RESULT IN THE INABILITY TO PROCEED ANY FURTHER WITH THE APPLICATION.
GIVEN THE ABOVE , PLEASE BE ADVISED THAT I AM THEREFORE UNABLE TO FORWARD YOU A "HARD COPY" OF YOUR APPLICATION. HOWEVER PLEASE FIND ENCLOSED A COPY OF THE TERMS/CONDITIONS THAT WERE INITIALLY SENT TO YOU WITH THE 2WELCOME" PACK AND CARD.
Am planning on sending this back to them (have hidden specific dates deliberately):
Dear Sirs,
I am writing to you in respect of your letter dated x February 2009.
I DO NOT ACKNOWLEDGE ANY DEBT TO YOURSELVES.
You have failed, even having replied some four weeks after the legal deadline, to provide me with a true copy of the Consumer Credit Agreement, and this account remains in serious dispute.
The prescribed terms specified in Sch 6 of Consumer Credit (Agreements) Regulations 1983 SI1553 require more information than you provide in your letter as evidence of an agreement, and I make the point that what you do provide is legally unenforceable.
According to information on my credit file with Experian, this account has missed six payments. May I remind you that this account has been in serious dispute since 12+2 working days since I sent my CCA request, by recorded delivery, on x December 2008. This means that you are legally required to stop processing data in relation to this account from x January 2009. However, you have continued to do so.
Not only is this a breach of OFT guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.
The statutory time period allowed has elapsed and you are in default in relation to CCA 1974. Whilst your default continues, you are not entitled to enforce any part of this alleged agreement.
This includes, but is not limited to, the following:
• You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you.
• You may not add any further interest or charges to this account.
• You may not pass this alleged account to any third party.
• You may not register any information in respect of this alleged account with any of the credit reference agencies.
• You may not issue a default notice related to this account.
Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.
My CCA request all revolves around one simple issue: on x May 2008 I provided you with a new address for correspondence, which you ignored. I have therefore – until I notified you again, by telephone in [months later] 2009 - received only sporadic account updates that have been forwarded to me, meaning that I have been unaware of account activity until then. Therefore, I consider this account in dispute since May 2008, as you have failed to notify me of account activity, as per your terms and conditions.
This account might not have been in arrears had you kept to your side of the contract throughout.
To satisfy me, I require the following:
1. An explanation of how the address error occurred in the first place.
2. Confirmation that you have corrected your errors and made sure that Experian has done the same.
3. Confirmation that you will compensate me for losses caused by returning the account to the original standing of May 2008, including the removal of interest.
4. A copy of the Consumer Credit Agreement.
Please note, that as you are in default, I do not recognise any debt and no payments will be made to this account until all errors corrected, including the appropriate adjustments to all information supplied to the relevant credit agencies.
Legal action will be considered if you do not adhere to these requests. I am fully aware of my rights regarding the law and handling of credit accounts. All correspondence is sent by recorded delivery and details kept on file.
I look forward to hearing from you within 10 working days.
Yours sincerely
XXXXXXX
What do you guys think? Thanks in advance.
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