Vanquis - full refund of all charges plus interest accrued **WON**

[ajpoolshark]

No the next step should technically be this is what I want or I'll take you to court, you have 14 days; followed by an LBA address to a company officer - secretary / director giving a further 7 days THEN and N!

 

sorry, confused!......Are you saying that I should send another letter giving them 14 days to comply?....I dont understand the last bit, 'LBA address to a company office-secretary' What does that mean?

 

cheers

[hungrybear]

sorry, confused!......Are you saying that I should send another letter giving them 14 days to comply?....I dont understand the last bit, 'LBA address to a company office-secretary' What does that mean?

 

cheers

 

The last bit is the important bit, it sometimes gets them to comply. Up until now you have been dealing with people who shall we say 'have trouble tying their own shoelaces'. They have no power to do anything on behalf of the company but have enough power to say no and/or ignore you. So as a final attempt at remedy before litigation - which always looks good in court - you send a letter before action to the company secretary at their registered office address (ie. the address where legal documents should be addressed and the person they should be addressed to). At this point you will get a response which definitively states the company's position in the matter . At the moment you are technically in a position where they can turn round and say that some idiot exceeded their authority in their reply to you.

 

The 14 day letter before that is optional but a do suggest that you send the letter to the company secretary. It will give you their exact position on the matter and show you how much backbone they have.

 

Make sense?

[ajpoolshark]

yes, thanks for explaining .....LBA = letter before action, of course...feel like a bit of a chump not working that out!

[hungrybear]

yes, thanks for explaining .....LBA = letter before action, of course...feel like a bit of a chump not working that out!

 

 

I guess there MIGHT be a Luton Bowling Association, that would have confused you:D.

 

If in doubt ask.

[ajpoolshark]

Hooray!....recieved a letter from Vanquis today, offering a full refund of all charges plus interest accrued. Total offer = £385.10..I need to sign a declaration accepting this offer (Is it neccessary to sign any declaration?)...Anyway, I'm accepting the offer, and many thanks to Vint1954 & Hungrybear for their advice and input on this thread...

 

Mods, can you change this to 'WON' please

 

many thanks

 

AJ

[hungrybear]

Hooray!....recieved a letter from Vanquis today, offering a full refund of all charges plus interest accrued. Total offer = £385.10..I need to sign a declaration accepting this offer (Is it neccessary to sign any declaration?)...Anyway, I'm accepting the offer, and many thanks to Vint1954 & Hungrybear for their advice and input on this thread...

 

Mods, can you change this to 'WON' please

 

many thanks

 

AJ

 

 

WELL DONE

[IdaInFife]

congrats and title changed

[babybear39]

Congratulations

[letsgetitsorted]

Well Done AJ, i am just about to go into battle with them myself.

[ajpoolshark]

Thanks everyone, without all you fellow Caggers, I'd be paying their charges 'till doomsday!

 

And now onto round 2....The PPI reclaim!

 

srandall88..are you going for a charges refund?

[letsgetitsorted]

yep i will be going for the charges especially as it is the charges that put me over the limit, not to mention the high interest rate currently 54%. sent off CCA request this afternoon.

[letsgetitsorted]

vanquis received the request on 22nd, had phone calls asking me to clear the over limit balance, and they agree that they have received the request. time is ticking

[letsgetitsorted]

hi aj

how far did you get with vanquis

[ajpoolshark]

I've a vanquis credit card debt that was passed onto 1st credit, and now connaught collections....I've received no Notice of Assignment from either DCA, or Vanquis...My understanding is that when a debt is passed from OC to DCA, the debtor must be sent a 'Notice of Assignment'....If thats the case, can anyone guide me on what letter I need to send to the DCA's to the effect of not acknowledging them as dealing with the debt?

 

The debt itself is a credit card which was applied for on-line in 2006..I've already claimed back nearly £400 in penalty charges, and have started a claim for a PPI refund from vanquis...I'm assuming that even though there's a PPI reclaim in progress, thats not enough to put the account in dispute, or is it?

 

Vanquis sent me an s87(1) Default Notice back in october, but as the amounts on the 2 pages differ, I'm wondering if the DN itself might be invalid (I've enclosed a copy of DN in this post

 

I'd be greatful on any help....cheers:)

 

 

[debt4get]

you can send this and see what you get back

To Whom It May Concern:

 

Your Reference: Agreement Number: xxxxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

 

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

 

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

 

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment from the Original Creditor.

4. Fair Processing Notice.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request.

 

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine

 

May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

yours faithfully

[lilly white]

Assigning a Debt or Benefit of Contract?

 

It is important to first provide the debtor with a notice of the assignment!

Other points and issues that should be borne in mind:

 

· In principle, the benefit of a contract can be legally assigned without consent,

provided there is no express prohibition on assignment or, for example, a requirement that consent

is obtained.

 

· Where there is no restriction on assignment, the usual way of assigning the benefit of

contractual rights is by statutory assignment.(they owned the debt)

 

The assignment must be in writing, signed by the

assignor, absolute (not purporting to be by way of charge only) and notice in writing must be

given to the other contracting party (section 136, Law of Property Act 1925).

 

· If a contract is not effectively assigned under statute, it may still be assigned under

common law by an equitable assignment.(acting on behalf)

 

 

 

an equitable assignment may exist where the requirements

for a statutory assignment are not satisfied. The main practical consequence of an equitable

assignment is that the assignee cannot bring an action in its own name against the third party, (acting on behalf)

 

 

 

but must fall back on the rules governing equitable assignments and join the assignor as a party

to the action.

 

It is, in any event, desirable for notice of an assignment to be given to the third party because

the third party will otherwise be entitled to continue to make payments

[Bazooka Boo]

The Default Notice and the Notice of default, don't make any sense? The figures do not tally.

 

The DN asks for payment of the arrears of £105, whereby the Notice of Default states that the payment due is £150?

 

Besides, if you received both letters in the same envelope, printed on the 2nd Oct 09, that is a Friday, and as they will be sent second class, assuming they were posted on the same day as they were printed?

You wouldn't have received them until Tuesday at the earliest.

Therefore I would seriously question the 14 days in which you had to reply.

 

Any other thoughts??

 

Boo;)

[ajpoolshark]

Thats what I thought...The DN does look a bit iffy...both letter were received in the same envelope.......Can any one advice me on my next step please??

[lilly white]

in regards to the ppi and the credit card we would need to see the CCA

 

So get your letter of the bank i belive the these people in their bus stop are acting on behalf so just tell them to go.................

With the PPI it could well be the case that we have a unfair agreement

[ajpoolshark]

sorry for the long delay in replying......re. PPI reclaim, I dont think its going to happen...I realised that as it was an on-line app, I would've ticked the box for PPI, so basically I miss-sold it to myself!...doh!....However, shortly after I won my penalty-charge claim, they passed on the account to a 3rd party DCA as the account was still in arrears but with no N.O.A...I disputed that with the DCA and they are throwing it back to Vanquis. I also have reason to think the DN vanquis sent me (oct 09 - 5 months before they passed it onto the DCA) is invalid so I guess its a case of watch this space...(hopefully Vanquis will terminate the account on the back of an invalid default notice)

[babybear39]

If that's the avenue you're going you need to accept their unlawful recision.