Another Vanquis thread - should be a win: Vanquis/Impact and now First Credit

[hennessy13]

Long time lurker, first time poster. Theres a massive amount of detailed info on this site, so to all of you I say a massive thanks - could not have got this far without you all.

 

This will be a long thread, so will be as succinct as possible.

 

Had a Vanquis card for a couple of years now.

 

All went well until redundancy in October 2009. By this point, not twelve months after getting the card, had a limit upped from 200 to 500.

 

Saw on statement had PPI (their non-insurance version 'Repayment Option Plan').

 

Filed claim with redundancy letter.

 

Letter did not arrive or was unopened by Vanquis.

 

Let them know and asked for another form.

 

Didn't arrive. Twice.

 

Finally had claim accepted. Three months later recieved statement with late payment fees. Called to ask why. They said they'd written to me. They hadn't. Resubmitted forms three times. Finally accepted with 1 month delay and interest and charges. And then I started reading up on here. Smae thing happened twice more. I stopped filing it, as it was pointless, and filed a complaint. Complaint response came a lot later, and it just dismissed the whole affair.

 

The 'debt' is now well over £1,000. I have made repeated offers for full and final settlement starting at £350, which as I have no income at all I consider fair. They have not responded to any of these. every two weeks i sent a new one, reducing offer by £10 each fortnight, which also seems fair to me.

 

A copy of the standard offer letters:

 

We write with reference to the money which you are claiming on the above account.

 

We can confirm that we are unable to offer to pay the money which we owe in full, neither are we able to make any form of monthly payment due to a continued lack of any form of income. However, I can raise a one-off sum of £XXXX and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released from any liability.

 

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply.

 

Yours faithfully

typed, not signed.

 

This has gone out with varied sums for several months, every 2 weeks. The offer is now under £100.

 

Never recieved any form of response. They've kept on calling etc, but that is another issue.

 

Recieved a default notice quite recently. Since december i've been keeping proof of postage, be it certificate of postage or recorded signed for and signature printouts. I have proof of everything sent this year.

 

Got calls and a letter from 'Impact', their in house collections people. Sent these out:

1: To Vanquis:

Dear Sir/Madam

 

Re: Account Number

This letter is a formal request pursuant to s.77 - 79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with this request the provisions of s.77 - 79 will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours Faithfully,

 

2: To Vanquis:

 

Dear Sir/Madam,

 

Re:

Further to our numerous, unacknowledged correspondence, we write with reference to the money you claim on the above account.

Please respond in writing as soon as possible. This offer remains valid for two weeks from the above date.

 

We can confirm that we are unable to pay the money you claim we owe in full, neither are we able to make any form of monthly payment due to a continued lack of any form of income. However, we can raise a one-off sum of £XXX and want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released from any liability.

 

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within two weeks of receiving your written agreement and preferred method of payment.

We have written to you repeatedly with no form of acknowledgement thus far. We will continue to record all correspondence and retain all proof of postage for any relevant future court appearances. We strongly advise you to respond, in writing, as soon as possible.

 

As always, we look forward to receiving your reply.

 

Yours faithfully,

3: To both Vanquis and Impact:

Dear Sir/Madam

 

Re: Account Number

Please be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with 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 & Short Ltd [1959] 2 QB 384. 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, 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,

Again all typed not signed.

Recieved no response at all from either, just the same standard letters saying they can't reach me and asking me to call.

Waited the needed time and then sent this out:

Dear Sirs,

 

RE: Account Number

RE: Request under the Consumer Credit Act 1974.

 

This account is in dispute.

 

On 25/02/2011 I wrote to you requesting that Vanquis supply me a true copy of the executed credit agreement for this account; you had until 11/03/2011 to comply with this request, and have been given until 18/03/2011. You have failed to respond to this request in any way and as such I now put this account into dispute.

 

Should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading (OFT) guidance on debt collection. In the OFT guidance issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you, or any organisation which you represent, for this alleged debt. I now require you to confirm that you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed agreement then I would ask for you to advise me in what form.

 

I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards.

 

I respectfully request a response to this letter within 14 days of the above date.

Again typed not signed.

Since this have recieved nothing.

Today had a call from First Credit - did not discuss it with them, but this is the only debt I have and so I know for sure what the call was about.

Any advice on how to proceed would be greatly appreciated.

Many thanks in advance.

 

 

 

 

 

 

 

 

 

[nevaknewthat]

Hi dont really know what to say to that one, first credit will hound you, letter upon letter, phone call upon phone call (first hand experience with my debts), i have written to companies i owe money to and offered them a set £10.00 a month toward my debt, they have no option but to accept as if they refuse i was once told by a debt advisor it will eventually go to court and they will end up with a lesser amount awarded by the courts or the debt can be completely written off. As you have kept all satisfactory receipts of posting (and im assuming you photocopy all letters sent) then let it go to court they are the ones at fault here, not you !!!! let the court decide i know its not a fun thing to do but its an option and as you said you have all evidence, thats all the court will be interested in, you will be able to show that you TRIED and was WILLING to pay your debt !!! hope that helps even if it doesn't good luck ..

[hennessy13]

Hi Neva. Thanks for the support.

 

I'm not sure First Credit can hound me at all, Vanquis has yet to respond to the CCA request - and yet they sell on a disputed debt to First Credit?

 

The CCA request is a month old. Dispute letter was sent and recieved a fortnight ago. Today was the first call from FC. Seems to me they've dropped the ball here. Question is what can we do now?

 

I feel certain someone on here will have a field day with this one.

[firstship]

Hennessy13,WOW long thread,have read it a number of times. First your CCA did you send this recorded delivery?

 

The insurance element,have you a copy of the terms and conditions of the insurance,? What was offered is rubbish,need to chase this,but need to be sure of the T&Cs.

 

It does not appear that you accepted any of the insurance offers,is this correct?

 

Depends on your reply on how to proceed,

 

Regards FS

[hennessy13]

Hi FS,

 

They placed the account on the repayment option plan 3 times, each time requesting copies of the same forms they'd already recieved. When the plan expired, because they needed to see these forms again (every three months), they neglected to contact me with anything other than a statement with added late payment fees and defaults.

 

Each time this is how i found out it had expired. And why i complained about it.

 

It isn't classed as 'insurance' and so different rules apply. I did use the plan once I'd noticed I was being charged for it, but do not recall initially agreeing to it and i usually tick every 'go away' box in the world - and leave every 'bother me' box well alone. This is interesting as they have still not responded to the CCA request.

 

No I do not have the T&C's, but will get them if at all possible.

 

Yes I sent the CCA recorded, have a photocopy, reciept for the PO AND a copy of the signature taken on delivery.

 

I have a certificate of postage for the dispute letter.

[hennessy13]

Plan on sending one of these to FC:

 

(apologies, i can't post links yet, so this is info on finding a post on here instead)

A letter when the account has been passed to another debt collection agency

Published on 27th September 2010 19:17 Number of Views: 1762

Its a template for ignored CCAs entered into dispute and then sold or passed on by the creditor.

 

 

Written by 42man

[babybear39]

Subscribing...

[hennessy13]

Hi babybear...

 

bump

[hennessy13]

Quick question:

 

Sent 'in writing only' letter to creditor, if they pass the account on to a DCA does this still apply?