1st Credit

[AceDaz69]

Hi

 

I did try lol, but nothing jumped out at me. It was a application made online, and if I had seen a printed document I would have noticed it (urgo I only saw it when I had a printed copy of my original credit agreement).

 

Do you think that the wrong sex makes the original agreement unforcable?

 

 

 

It might be an idea to read 5 and 6 in my signature.

[rebel11]

I personally don't because of recent cases, at the bottom the Carey v HSBC there is a summary with points listed.

 

Hi

 

I did try lol, but nothing jumped out at me. It was a application made online, and if I had seen a printed document I would have noticed it (urgo I only saw it when I had a printed copy of my original credit agreement).

 

Do you think that the wrong sex makes the original agreement unforcable?

[AceDaz69]

After not hearing from them since they placed my account on hold on 28th November 2011, I received a letter today from a Mackenzie Hall stating that "Despite repeated requests for payment your overdue account with out client still remains outstanding. Accordingly, we may now have no other alternative than to advise our client to take such further action as may be appropriate."

 

I have not had any other letters from 1st Credit or Vanquis.

 

Anyone got any ideas what to do now?

 

I was thinking of sending them a letter along the lines of that I sent Vanquis a SAR on 10th Oct 2011 and a further letter on 20th Oct 2011, and the last letter I got from 1st Credit was on 28th November 2011 them placing my account on hold. I am still waiting for my SAR, even though I have paid the statutory amount of £10 to Vanquis.

Edited February 3, 2012 by AceDaz69
Added "

[AceDaz69]

I received a letter from Lowell today after not having anything off them for over 4 months since I sent Lowell a letter stating that I had SAR'd Vanquis Bank back in Oct 2011 but not had any sort of reply.

In the letter I received today from Lowell, they state that Vanquis Bank sent my SAR to me on 31st October 2011 and that if I want to SAR Vanquis Bank then I need to send Vanquis Bank £10 within 14 days.

I have not received the SAR.

Do they send the SAR out where someone needs to sign for it?

Why has it taken over 4 months for Lowell to tell me this?

What should I do next? I have already paid £10 for a SAR that I never received.

[AceDaz69]

I made a mistake. I looked at the letter again and it states that Vanquis advised that they have no record of receiving a Data Subject Access Request (DSAR) from me. It is confirmed that a Section 78 request for copy documents was made; this was sent to me on 31st October 2011. If I wish to request a DSAR at this point, I would need to make a application in writing direct to Vanquis enclosing the current fee of £10.00.

What confuses me is that it took them 4 months to tell me, and if I never made the request then why did Vanquis ring me asking what the Subject Acces Request was for.

I have paid my £10 and not received anything.

Is it too late to complain to the ombudsman?

 

P.S. it's not the first time Vanquis has lied!

[BRIGADIER2JCS]

I made a mistake. I looked at the letter again and it states that Vanquis advised that they have no record of receiving a Data Subject Access Request (DSAR) from me. It is confirmed that a Section 78 request for copy documents was made; this was sent to me on 31st October 2011. If I wish to request a DSAR at this point, I would need to make a application in writing direct to Vanquis enclosing the current fee of £10.00.

What confuses me is that it took them 4 months to tell me, and if I never made the request then why did Vanquis ring me asking what the Subject Acces Request was for.

I have paid my £10 and not received anything.

Is it too late to complain to the ombudsman?

 

P.S. it's not the first time Vanquis has lied!

No it's not too late gather your information, copies of all documents proof of payment of the stat fee etc and get the complaint off.

[AceDaz69]

Don't think I have proof of the payment as it was made via a postal order.

[AceDaz69]

What should I say to Lowell?

[BRIGADIER2JCS]

Don't think I have proof of the payment as it was made via a postal order.

 

Hi Daz no counterfoil hidden away somewhere or attached to docs, record of PO number?

[AceDaz69]

Erm dunno. Not sure I took the counter foil off I never use postal orders. I should have photo cop

[BRIGADIER2JCS]

It would be a useful piece of ''evidence''.

[AceDaz69]

Financial ombudsman got involved, Vanquis has stated that they never received a SAR, so I issued another one on the 7th September 2013. They have until 16th October 2013 (Thats when the 40 days are up).

 

Has anyone got any experience of companies who do fail to provide SAR? ie can they still force a debt to be paid?

 

Also, what am I looking for in the SAR? I am keen to see if I have paid any PPI as I put a claim into Vanquis for PPI payments as I did not need them due to my job security, but Vanquis has turned round and said that I never paid any PPI when I am 100% sure I did as I remember cancelling it.

 

Any thoughts?

 

Thanks

[ims21]

Have they received the second SAR?

 

Have they cashed the payment for the second SAR?

 

Failure to provide your data doesn't mean that they have to stop chasing a debt.

 

Your SAR data should include statements or a transaction history and you will see any PPI itemised on those statements. You should also see any penalty charges which you can also reclaim.

 

If they fail to respond to a SAR then you can sue them to force compliance.

[Andybars]

Vanqusi didn't sell PPI - instead they sold a "payment break plan" - essentially if certain things happened then you were able to miss your monthly payments without being charges exorbitant fees. FOS do not class this as ppi or any kind of insurance product and tend to turn down complaints about it. The policy is actually worse than PPI and is of little benefit. It was charged as a percentage of the balance each month and from looking at a couple of the sets of terms and conditions my own view is that this would mean that the prescribed terms of the credit agreement were wrong. If you had copies of your agreement and the t&c's it would certainly be useful for one of the site admins who was knowledgeable on enforceability to have a look at these.

[AceDaz69]

I received it yesterday, not exactly what I expected tho. It's difficult to read properly. There is no statements as I know them, just a long list of transactions, a long list of balances and what seems to be a history of communications.

 

So what is my next step?

 

 

 

Have they received the second SAR?

 

Have they cashed the payment for the second SAR?

 

Failure to provide your data doesn't mean that they have to stop chasing a debt.

 

Your SAR data should include statements or a transaction history and you will see any PPI itemised on those statements. You should also see any penalty charges which you can also reclaim.

 

If they fail to respond to a SAR then you can sue them to force compliance.

[AceDaz69]

Vanqusi didn't sell PPI - instead they sold a "payment break plan" - essentially if certain things happened then you were able to miss your monthly payments without being charges exorbitant fees. FOS do not class this as ppi or any kind of insurance product and tend to turn down complaints about it. The policy is actually worse than PPI and is of little benefit. It was charged as a percentage of the balance each month and from looking at a couple of the sets of terms and conditions my own view is that this would mean that the prescribed terms of the credit agreement were wrong. If you had copies of your agreement and the t&c's it would certainly be useful for one of the site admins who was knowledgeable on enforceability to have a look at these.

 

Sounds about right, I asked for a copy of my agreement a few years ago and the only thing that was wrong was that they had my gender wrong.