BB v Vanquis, Impact, 1st Credit

[babybear39]

Hi I am to having loads phonecalls off Vanquis and then if I am late paying get calls from Impact they are a total pain!! Been looking on equifax and my account with vanquis is classed as settled even though I still owe them money and they still send me statements, dont think they know what they are doing!!

 

I'm making an example of this shower simply because I'm fed up of thier shoddy ways. I will be more than happy if they pass it to CONnaught (1st credit would be nicer). If they sell it to lowell I really don't mind because I have a very good contact there regarding another matter

[BRIGADIER2JCS]

Hi BB,

From what I'm seeing Vanquis are off loading defaulted accounts

to all and sundry in the DCA world.

[Emma1975]

Sorry it says satisfied on 31/05/2010 but Vanquis have still been sending me statements that I have been paying, although I am over my limit and keep getting charged late and over limit fees every month so I dont think I'll ever finish paying it!

[BRIGADIER2JCS]

I would write to the leeches close the account

and tell them you want the charges refunded

and offer them a payment you can reasonably afford, copy

their giro credit slips so you can go on paying them.

Done this for a couple of people I have been helping

Vanquis had a rattle throwing tantrum,but accepted in the end,

IMHO this may be the only way to ever clear it.

 

Brig.

[Emma1975]

Ok I'll give that a go thanks!

[BRIGADIER2JCS]

You could add if they don't accept you will stop

paying any thing take me to court and get an order for

£1 a month:madgrin:

[babybear39]

You could add if they don't accept you will stop

paying any thing take me to court and get an order for

£1 a month:madgrin:

 

They have already spent way more than the original £10 that was going to be paid but for a mix up with my bank/debit card. That's the way I'm going to play them. I'm no longer afraid of phone calls and stupid letters. Bring it on Vanquis/Impact

[BRIGADIER2JCS]

Good attitude BB.

[babybear39]

My dreams have been answered.

 

Just recieved a text from 1st crud asking for £400!!! The late payment was only a tenner so the charges so far are £150!!!

[citizenB]

BB, tried to amend your thread title.. but getting an error page. Will do it as soon as I can

[babybear39]

Thanks CB

[BRIGADIER2JCS]

What a load of idiots they are:madgrin:

[babybear39]

Had a lovely email this morning from my favourite DCA based in Riegate. I must have been a very good girl this year to get such a wonderful pressie

 

Now for some email ping pong

[cerberusalert]

Now whats that saying?

 

"When you're good you're good, but when you're bad you're better".

[babybear39]

Got a letter this morning from my lovely pals at 1st crud. It's got 'FINAL REMINDER' in bold print

 

Seeing as the first I was aware that 1st crud were involved was via text on the 22nd, email on Saturday and now thier scary letter today, it rather annoys me that they still haven't grasped the simple principles of OFT guidlines, CSA code of practice, the CPUTR 2008, the UCPD 2005/29/EC and possibly the DPA. There may be more but I'm a bit busy this morning to check

 

The glaringly obvious breach here is that I have not recieved an NoA from vanquis

[babybear39]

Email to 1st crud:

 

Dear Sir/Madam,

 

Thank you for your email.

 

The letter you refer to arrived this morning. I also recieved a text message on the 22nd July.

 

I must insist that you refer this matter back to the original creditor, Vanquis, as the account is already in serious dispute and the legally required Notice of Assignment to yourselves has not been issued by Vanquis or, indeed, thier in house collections department Impact.

 

The true state of the account is as follows:

 

Credit limit: £250

Original missed payment: £10

Charges: £140

 

I trust your company will make the proper business decision and return the account forthwith. I must advise that if you do not I will be reporting your company to Trading Standards, the OFT, the CSA and the ICO for breaches of OFT guidlines, CSA code of practice, the CPUTR 2008, the UCPD 2005/29/EC and the Data protection Act.

 

I look forward to your swift reply.

 

Regards,

 

BB

[babybear39]

Email to 1st crud:

 

Dear Sir/Madam,

 

In addition to my earlier email today, please be advised that previous instructions regarding another matter are adhered to rigidly ie. no contact by phone of any kind, removal of numbers from your database with immediate effect and no callers at my home address. Communication shall be strictly email or letter.

 

If you are not aware of these existing instructions please refer to communications between your company, Trading Standards and myself in summer 2007.

 

With regard to your email requesting personal data might I remind you of the Data Protection Act, OFT guidlines etc. This means that if you are not sure of the identification of the data subject your company should not be texting, emailing and writing letters containing highly personal and confidential information.

 

Regards,

 

BB

Edited July 25, 2011 by babybear39

[alfwithhair]

The Cruds have a Vanquis account I am dealing with at the moment, although it hasn't been sold to them, they are just

'fleecing on behalf of'

 

They are rather quite of late compared to their usual barrage of threats. One letter and a text a week.

Not as they get any response.

[alfwithhair]

Has this thread locked up?

Doesn't seem to update?

[babybear39]

Has this thread locked up?

Doesn't seem to update?

 

It's been playing up all weekend but seems to have got un stuck now hopefully

[citizenB]

Just testing

[babybear39]

Email recieved from 1st crud this morning:

 

Dear Madam,

 

Thank you for your two emails received on the 25th July 2011.

 

As detailed on our correspondence we are acting on behalf of our client, the Vanquis Bank. As they remain the creditor a ‘notice of assignment’ was not a legal requirement.

 

In view of your statement that the account is in dispute we have returned the case to the original creditor to resolve directly with yourself. Our files have now been closed and we will not be communicating further with you regarding this matter.

 

Many thanks.

[BRIGADIER2JCS]

Oh dear 1st, Crud seem to have got hold of another lemon:deadhorse:

[babybear39]

Poor 1st crud having to go through the process of assigning a lemon and then the humiliation that the account is in dispute anyway

 

Can a legal bod advise if what they say is true re: no NoA required for an asigned account rather than a purchased account???

[alfwithhair]

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. 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. 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, 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 to the assignor. Notice will give the assignee priority over any other assignee that has failed to give notice, provided there is no knowledge of such prior assignment.

 

· The burden of a contract cannot be assigned. It is therefore necessary to novate, rather than assign, certain contracts. Novation is, in effect, the rescission of one contract and the substitution of a new contract in which the same acts are to be performed but by different parties.