cabot/restons Claimform - Vanquis Debt***Claim Discontinued***

[letsgetitsorted]

Hi All

Well in response to my Email to cabot, this is what they have to say.

 

 

I note your concern regarding the legibility of the credit agreement that was sent to you on 6th xxx 2011, along with all relevant information required according to the Consumer Credit Act 1974.

 

With regards to the legibility of the credit agreement, it is the case that at the time of entering into the agreement with Vanquis, all terms were clearly legible, which you agreed and signed to in order to obtain the credit, which you have received and utilised.

 

Notwithstanding, in order to resolve your concerns, please find attached a further, more legible copy of your credit agreement for your perusal.

 

With regards to the terms and conditions that have been provided, we are of the opinion that these terms and conditions are correct and applicable to your account. However, in order to ascertain that this is the case, we have contacted Vanquis to seek further confirmation and shall contact you again upon receipt of their response. In the meantime, I have placed your account on hold.

 

I also note from your email that you intend to review the Vanquis statements we have provided in order to calculate any potential charges, fees and insurance charges that may have been applied to your account. I would like to take this opportunity to clarify that Cabot does not apply charges to accounts. In addition, I refer you to my previous email dated xxxxxxxl 2011, in which it was confirmed that upon assignment of your account, only the outstanding balance is purchased by Cabot. Furthermore, as we are not the original Payment Protection Insurance administrator, we would not hold details of the same on file. Therefore, should you have any concerns in relation to the aforementioned, I suggest that you refer this matter to Vanquis directly, who may be able to assist you further in the circumstances.

 

I trust I have set out our position clearly.

 

If you have any further queries in relation to the above account, please do not hesitate to contact me on 0845 026 0463. The Customer Assurance department is open from 9am to 5pm Monday to Friday.

 

 

I have attached the copy that they have sent me, does anyone have any further thoughts on where I should go from here. Ta Muchly for your help.

cheers

lets

new aggreement.pdf

[PriorityOne]

It's still hard to read and still looks like it's come from fiche. Para 2 gives the game away, in my opinion; they're passing the buck.

 

Cabot can be very litigious, so they might very well push towards legal action on the back of this but since they're placing the account "on hold" for the time being, I would wait and see what else you get back before corresponding further because they've also avoided the CPUTR question you raised....

 

[letsgetitsorted]

Hi P1

looking through some other paperwork i came across the original mailer/application. the mailer is the same as the agreement posted up, it looks like the agreement is an enlarged version of the mailer.

ta for casting your eye over the thread and looking at the agreement.

 

Can I ask, if the agreement is dated feb 2006 does this,1 need the OC signature and 2 need to have all the terms and conditions within the signature page.

just wondering how to respond to the email, without letting them know the errors with everything.

 

 

cheers for your help

 

Lets

[PriorityOne]

This should fall under CCA 1974.. so yes, you would need the prescribed terms within the signature doc. They haven't confirmed under CPUTR that what they have is it though and this is what you need to push, in my opinion. Thank them for your letter but you are still waiting for written confirmation under CPUTR (re. your previous letter of xx/xx/xx) that they have an original Consumer Credit Agreement in their possession or merely an illegible copy of a copy from microfiche records.

 

by rec. delivery rather than email.

 

[letsgetitsorted]

Hi P1

i shall be sending that out tomorrow, both by Email and recorded, lllshall see if i get 2 different responses...that will be interesting

 

cheers

for the response

 

LETS

[BRIGADIER2JCS]

Some times getting a response at all is a Bl**dy Miracle.

[letsgetitsorted]

Hi All

I have just calculated the Repayment option plan fee I was charged, this was not mentioned on the application.

i have also calculated the charges

I have also calculated the interest fee charged, as I was not notified of the interest rate increase,can I claim every thing back apart from what I actually spent on the alleged account.

 

the other thing i am thinking off if I cant claim the above is, if for example I spent 2500 and paid back 3100 can I claim the difference back if the agreement is void...

 

any thoughts welcome...

 

ta Lets

[letsgetitsorted]

Hi All

Another update,

Cabot has sent this in reply to my question do they have the original agreement.

 

Finally, in response to your query relating to the credit agreement we hold on file, this is a copy that was provided by Vanquis. As we are not the original data controller, we would not hold the original copies within our archives. However, the copy that we have obtained is an exact copy of the agreement that you signed in order to obtain the credit.

 

and to top it off, I had a phone call from Vanquis, who wanted to verify who i was so that they can send out a copy of all the calls that were exchanged as well as all of the letters that they have sent to me, minus any of the template letters that they might have sent.

 

just goes to show that the original DSAR request did come back incomplete.

 

any thoughts

 

ta

LETS

[PriorityOne]

So Cabot don't have copy of the original because any orignal wouldn't be in their archives..... so instead, they refer to a copy of something provided by Vanquis, without confirming (still) whether it's a copy from fiche or not.

 

[letsgetitsorted]

it will be interesting to see what response the letter gets that Cabot received yesterday.

see if that answers the question.

shall be keeping this thread upto date as I go or receive info from both Cabot and Vanquis...they may be some questions as i go

 

 

thanks muchly for responding P1

and thanks to CAG without it i would have just continued to pay the extortionate rates i was being charged. final interest rate 54.5% uped whilst in dispute

[letsgetitsorted]

ANOTHER UPDATE

 

Today I received a CD containing all the telephone conversations between myself and Vanquis.......well its seems according to them we have only communicated 3 times on the phone throughout the history of the purported account.

 

me thinks they are trying to convince me that they have satisfied the DSAR.

[BRIGADIER2JCS]

Have you got any record of the calls you have made?

[letsgetitsorted]

The only records of the calls that where made/recieved are the ones they listed in the original DSAR ......the 3 calls that are on the CD where the onmes received before we moved and way before the account went into dispute.

[letsgetitsorted]

Well today I received another email from Cabot, with an attached T&Cs from 2005 of which I still cannot read even with a magnifying glass. this is the response I got from them when I asked "One final question for this letter/Email and this question is being asked with CPUTR 2008 in mind, so I would like a truthful answer, do Cabot hold the originals of each of the signed credit agreement and terms and conditions that were in place when the account was purported to have been executed as well, or is it just a copy of the originals that Cabot have."

 

 

Please be advised that Vanquis have reviewed the copies of the terms and conditions that were provided in response to your request pursuant to section 77/78 of the Consumer Credit Act 1974 ("CCA") and have confirmed that we have supplied you with the correct copy of the original terms and conditions in addition to the varied terms and conditions in relation to your account. Therefore, these are sufficient to comply with the requirements set out under section 77/78 of the CCA in addition to the previous information that has been provided pertaining to your account, in accordance with the same.

 

Due to your concerns in relation to the legibility of the terms and conditions previously provided, as set out in my previous email, once these have been confirmed as correct by Vanquis, I would forward further, more readable copies of the same. Therefore, please find these attached for your perusal.

 

I would like to take this opportunity to reiterate that your dispute relating to your Repayment Option Plan is unlikely to write off your debt in it’s entirety and therefore, you are reminded that you legally remain liable for the repayment of the same.

 

I have sent Vanquis a letter asking for clarification on the DSAR asking if it is now complete. if it is i can then move forward for the charges etc. however I see that Cabot has added dome form of charge to the account as it has again increased in the amount

 

 

any thoughts or comments

 

 

cheers

Lets

[PriorityOne]

They still haven't confirmed if the CCA is from fiche records or not and as they've already stated that they don't have the original themselves, it remains their responsibioity to provide you with a copy of the original via Vanquis.....

 

They haven't explained any "right" to add charges of their own either.

[letsgetitsorted]

Hi P1

No no explanation, i just noticed the increase when they mentioned the outstanding balance.

I will be emailing Cabot again, and again i will be pointing out that i still cannot read the T&Cs from 05, see what comes back i guess.

 

thanks for your input though.

[letsgetitsorted]

Hi All

Well I have had their final response today.

 

You have asked Cabot to confirm whether we hold the original documentation pertaining to this account. I can confirm that we do not hold any original documentation, this remains with Vanquis at all times. There is no obligation for Cabot to hold original documentation and should you request any additional information regarding your account, we will contact Vanquis accordingly, to obtain the same.

 

they also say

 

we are legally entitled to enforce your credit agreement and reserve the right to recover the outstanding balance

 

dispit

 

You continue to dispute the legibility of the terms and conditions we have provided. However, we have clearly set out our position in relation to this matter, which remains unchanged

 

which then leads to them saying

 

Again, the concerns you raise do not constitute a valid dispute and as a result, we are legally entitled to enforce your credit agreement and reserve the right to recover the outstanding balance.

 

 

So where do I go from here, I am looking to claim all charges and fees back, Vanquis failed to notify me of interest rate rises on a few occasions.

the Credit Agreement is Invalid. No signature from lender, no mention of their Repayment Option Plan on the application.

Account terminated whilst in dispute, Invalid Default Notice.

 

my thought initially was to write to OC and say, where the aggreement was invalid and you have terminated the account whilst in dispute and also filled and invalid DN. I thinkthe best course of action would be to say " i have spent X amount on card" and have Paid "this amount back" so that should be that..

 

any thoughts

 

cheers

Lets

[BRIGADIER2JCS]

Have done a subject access request to Vanquis?

sorry if have already answered I haven,t for some reason got all the posts.

[letsgetitsorted]

Hi Brigadier

 

Yep done DSAR for Vanquis last year, came back incomplete, only late last month after i sent em a letter asking idf the DSAR was complete did they send a CD containing just 3 phone calls.

 

i have asked them again if they have supplied everything and that the DSAR is complete.

 

 

cheers Lets

[BRIGADIER2JCS]

So only T&C supplied and illegible to my mind Lets it is time to report the

handling of the data to the ICO copy to Crapbot.

Then a formal complaint To Vanquis to elicit a final response from them copy to all parties, inc ICO.

Head the letter FORMAL COMPLAINT and address to the CEO, have done this before and it does get results most times.

Brig.

[PriorityOne]

Hi All

Well I have had their final response today.

 

 

You have asked Cabot to confirm whether we hold the original documentation pertaining to this account. I can confirm that we do not hold any original documentation, this remains with Vanquis at all times. Thought as much.... so it remains unenforceable then.There is no obligation for Cabot to hold original documentation Yes there is and they know it... and should you request any additional information regarding your account, we will contact Vanquis accordingly, to obtain the same. Which I believe you have done already and they've tried to fob you off with a fiche copy.

 

they also say

 

we are legally entitled to enforce your credit agreement and reserve the right to recover the outstanding balance Upon which legal basis are they "entitled" to enforce an agreement that they've just said they don't have?! There is no legal basis.

 

dispit

 

You continue to dispute the legibility of the terms and conditions we have provided. However, we have clearly set out our position in relation to this matter, which remains unchanged.... and so does yours.

 

which then leads to them saying

 

Again, the concerns you raise do not constitute a valid dispute and as a result, we are legally entitled to enforce your credit agreement and reserve the right to recover the outstanding balance. Their opinion is of no consequence.... lol. Upon which legal basis?

 

 

So where do I go from here, I am looking to claim all charges and fees back, Vanquis failed to notify me of interest rate rises on a few occasions.

the Credit Agreement is Invalid. No signature from lender, no mention of their Repayment Option Plan on the application.

Account terminated whilst in dispute, Invalid Default Notice. As Cabot have said that this is their final response, you're unlikely to get a reply to anything else you write. However, that doesn't stop you from issuing a final response of your own.

 

my thought initially was to write to OC and say, where the aggreement was invalid and you have terminated the account whilst in dispute and also filled and invalid DN. I thinkthe best course of action would be to say " i have spent X amount on card" and have Paid "this amount back" so that should be that.. IMO, this is a bit of a stalemate now. If Cabot own the debt, then you may hear from their solicitors in due course. If they haven't, then the account should go back to Vanquis.... and you can deal with them directly.

 

any thoughts

 

 

cheers

Lets

 

[letsgetitsorted]

I shall write a final response to Cabot asking for a copy of the deed of assignment if they have purchased the account, then they should have one that I have a right to see.

I have told them on more than 3 occasions now that the account was in dispute when they bought it/ took it over.

once I get the response from Vanquis to confirm whether they have complied with the DSAR in full, then I shall write to CEO of Vanquis and explain the whole situation, and give them the chance to break even or when cabot take it to court i will be seeking complete redress.

 

i will also be writing to ICO to let them know that Vanquis have failed in their duties in DSAR

 

many thanks for your comments both i do appreciate it.

 

cheers lets

[PriorityOne]

I shall write a final response to Cabot asking for a copy of the deed of assignment if they have purchased the account, then they should have one that I have a right to see. They won't give you this... for Data Protection reasons. The D of A has details of bulk debt purchases.

I have told them on more than 3 occasions now that the account was in dispute when they bought it/ took it over.

once I get the response from Vanquis to confirm whether they have complied with the DSAR in full, then I shall write to CEO of Vanquis and explain the whole situation, and give them the chance to break even or when cabot take it to court i will be seeking complete redress.

 

i will also be writing to ICO to let them know that Vanquis have failed in their duties in DSAR

 

many thanks for your comments both i do appreciate it.

 

cheers lets

 

[Yam950]

Subbed

[letsgetitsorted]

well i had a letter back from vanquis, yesturday, again telling me i had agree to the repayment option plan, yet they still cant prove it. i have recordings for various phone calls, none for my current address and not many more for me old address but nothing on them regarding the acceptance of the repayment option plan, of which by the way is not mentioned anywhere on the application form.