PRA Group Vanquis

[Kati]

tagging Amethyst Diana M warwick65

[warwick65]

Could you post up exactly what they sent you regarding the notice of default. All pages, all sides. Obviously remove your identifiable data.
Vanquis had a problem in the past with default notices.

[SouthernBiker]

Thanks for your input, I'm assuming this is it? It was two separate pages not the same sheet side 1 side 2

Problem attaching, I let it run for 20 odd minutes. Should I pm them to you?

[warwick65]

Try emailing them to kati@legalbeagles.info
Kati is that right

[SouthernBiker]

Thanks have sent an email....

[Kati]

got it warwick65 xx PRA Vanquis default.pdf

[warwick65]

Thanks Kati

The only fault that jumps out at me is that it doesn't say exactly which term you defaulted on but I have no idea if a Judge would say that was significant. Are the amounts correct, for example, if you pay the amount they ask would you still be over your credit limit?

Might be worth having a chat with someone legal to see if there are any other arguments you might be able to run ( or they could)

Diana M

Joanna C

[SouthernBiker]

Its says breached terms and conditions to make the least minimum payment

The difference between Vanquis notice default sum and PRA is PRA stating around 150 more. Probably a months payment thereabouts.

I am worried here with these doc's that I would be splitting hairs and maybe that's what they want me to think.

This is the only one I'm concerned about as it's 2009 I have others from 2002/2004 period where they are not bothering to chase me at the moment.

I feel they think this is the easiest to get me on. Previously I had been making a Token Temp Payment £1 after heart attack and no work and it kept things quiet and peaceful without actually achieving anything if you get my drift, just left in limbo. Initially without guidance that's how I'm minded at the moment?

[warwick65]

Hi As I said, I am not an expert but I thought a DN should identify the specific clause i.e 'You have failed to make payments as specified in clause 3 of your agreement'

The questions I was asking about the amount is because either you or Kati rightly blanked out the amounts so say for instance your balance was 2700 and the credit limit was 2500 and they had defaulted you for going over your credit limit but asked you for £100 payment- it wouldn't have actually fixed the default.

I am not saying the arguments are horribly complicated its just reading the bloody legislation is a bit of a pain because in their wisdom they do not provide an up to date version of the regulations just the original and then a list of amendments so its a case of cutting and pasting and checking it out

Why not get in touch with one of the experts and see if they can offer free initial advice - just so you know your legal position

As I said there are often other issues that can help you win in court

BTW can you remember how you received the original DN , was it by post or email and do you still have it?

[SouthernBiker]

Firstly many thanks for the attention and time you've given looking at this, it is appreciated.

If you read the first paragraph page 1 it doesn't say anything other than you have not made required payments and therefore in breach of contract.

On the second page it again just states your terms and conditions require you to make minimum payment due, therefore it's alleged you have breached this requirement.

As regards amount a fictitious example would be

Account Balance 4400
Account Limit 4000
The arrears are 390, so a payment of 390 wouldn't put it back under the limit.

Also the page 1 (both pages being reduced photo copies) their signature area is overlayed onto the company address and contact details etc... at the bottom?

I do not have the original that I believe would have been posted. I do have various I believe they're called threatograms via email after the June DN. emails were received in July and August from the in house "Impact Collections".

I think I will take some advice off line from Monday as I'm away on a long awaited family do over the weekend where I'll take just a couple of days off from this.

[SouthernBiker]

I have emailed a contact here directly for an opinion and will see how things are....

[warwick65]

Good stuff, as long as it is someone legal and not an amateur like wot I is :-)

[SouthernBiker]

I've emailed Directly directly.

[SouthernBiker]

Just a small Bump.

I have emailed Di directly regarding this, I imaging it's got caught in the spam.... I have until 23/4 to answer the second LBA received. I'm unsure of the course of action to take without some advice in case I put a size 12 in it and would greatly receive any input regarding what I've received in response to CCA from last Sept.

I really need to avoid a claim being issued if at all possible, and I think the time right now to seek help on a professional basis.

Only a couple of sleepless nights over this at the moment! Thanks in advance.

[Diana M]

I have emailed Di directly regarding this, I imaging it's got caught in the spam.... I have until 23/4 to answer the second LBA received. I'm unsure of the course of action to take without some advice in case I put a size 12 in it and would greatly receive any input regarding what I've received in response to CCA from last Sept.

I really need to avoid a claim being issued if at all possible, and I think the time right now to seek help on a professional basis.

No your email didn’t go into my Junk Folder, but I did note the deadline for your response to their Letter Before Claim is 23rd April as you have posted.

We have spoken previously so you have my number

Di