Vanquis Default

[Eagle1977]

Hi everyone,

 

Today, I had an email from Cabot with a copy of the supposed default notice Vanquis claimed to have sent me.

It confirms the notice was sent to my previous address despite me informing vanquis I had moved home.

 

I actually had two emails from cabot today.

 

 

The first email had attached a default notice belonging to a different person.

It contains all of that persons personal details, account details, arrears, address etc etc.

Cabot did apologise that they had sent someone else's default notice inadvertently and I'm just to ignore it.

I can't help think that Cabot have made a serious Data Protection error here!

 

 

What do you guys think?

 

Eagle

[Old Cogger]

report them to the ICO regarding other peoples data

[Eagle1977]

Can somebody please advise me on the following statement received from Cabot:

 

I must remind you that there is no obligation for a creditor to issue a Default Notice prior to the registration of a default

however it is deemed good business practice to do so.

 

 

If you require any further information in this regard please visit the Information Commissioner's Office website

 

Is this true?

 

Eagle

[Eagle1977]

Can somebody please advise me on the following statement received from Cabot:

 

I must remind you that there is no obligation for a creditor to issue a Default Notice prior to the registration of a default however it is deemed good business practice to do so. If you require any further information in this regard please visit the Information Commissioner's Office website

 

Is this true?

 

Eagle

 

Anyone?

[dx100uk]

yep

 

 

there is no relationship between a DN and a default on your CRA file.

 

 

dx

[Eagle1977]

Hi all,

Just a quick update and some more advice needed if possible.

 

 

I have completed the financial report in an attempt to reclaim the penalty charges

issued by Vanquis and have sent an initial letter requesting a refund.

 

 

The total amount of charges applied to the account including the statutory 8% amounts to £767.

 

 

The total debt stands at £956.

 

 

With the charges refunded this would leave a balance of £189.00,

 

 

Now, the credit limit was £250.00 so

 

 

a refund would take me within the credit limit.

 

 

If the charges are refunded what are the chances of the default being removed

 

 

as a huge proportion of this debt are penalty charges?

 

 

ThanksEagle

[Old Cogger]

doubt it

[Eagle1977]

doubt it

 

Would anyone with any constructive advice please help?Eagle

[dx100uk]

why 8%?

 

 

it should be at THEIR INT RATE

 

 

using the CISHEET

 

 

dx

[dx100uk]

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

 

enter their apr in cell d15

 

 

enter every charge on it s date

dx

[Eagle1977]

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

 

enter their apr in cell d15

 

 

enter every charge on it s date

dx

 

Hi dxThe 8% is the statutory fee that the court will apply?

[dx100uk]

nope you cant have both

 

 

either int in restitution

or

 

 

at 8%

 

 

read a few charges threads here

 

 

dx

[Eagle1977]

Hi everyone,

 

It has been a while since my last post, but I have some updates on the Vanquis saga. I decided to use a firm of solicitors to sue Vanquis for the charges. I realise I could have done this myself, but didn't feel confident enough. Anyway, in a nutshell the original default amount was £956.00 with the majority of this being charges.

 

Vanquis, gave up literally a few days before the court date and removed the charges and interest. The default now stands at approximately £230. Im just waiting for clarification from my solicitor.

 

My questions are:

 

1) I was originally awarded the default for £956. Do they have to issue me another default notice for £230?

2) Vanquis now sold to Cabot have been reporting £956 in default to the credit reference agencies. By removing the charges they have been reporting inaccurate information to the CRA for two years. Would I be in a position to get the default removed?

3) My original credit limit was £250. As a result of their continuing charges and interest that resulted in my credit limit exceeding it's agreed amount could this help in the removal of the default?

 

Any help or advice appreciated

 

Eagle

[Eagle1977]

Would really appreciate some advice

[dx100uk]

then go see the people that fleeced you out of the fees to achieve this

and get them to do their job properly.

 

 

dx

[Eagle1977]

Ok, not really the advice I was seeking, and

 

 

as I explained in my previous post I didn't feel confident to pursue court action myself.

 

 

Anyway, although very abrupt and, not what I would have expected from you dx,

 

 

as you have helped me with a number of financial problems

 

 

and have come to respect you and your advice.

 

 

Thank you anyway

 

Eagle

[dx100uk]

they had no more clout than you and as you've prob read in other threads the defendant capitulates before the day.

 

 

I think this was mentioned earlier

theres no direct relationship nor a requirement to sent a DN to register a default.

 

 

however all your above numbers point to it is reported wrongly

 

 

did you write to the CEO before?

 

 

if so I'd write again with ref to above reasons and ask for the default to be removed

yes they could issue a 'correct' default but it must be backdated correctly too

 

 

dx

[Eagle1977]

Hi everyone,

Its been a while since I posted here but I think there may be a development in my attempts to remove the Vanquis default.

 

 

Just to briefly sum up the situation.

I have been attempting to remove a default issued by Vanquis Bank, now owned by Cabot.

 

 

when I moved home I sent Vanquis a written request to update my address details.

Vanquis failed to complete this request but documented it on their communications log that I had provided a new address,

they were unable to contact me, no further action was taken by them.

 

 

I had no access to a personal landline or mobile so was unable to call them.

Despite this their agent documented on their contact log that they were unable to contact me on my mobile.

I do not have a mobile or have ever registered one with Vanquis!

However, they have my work number and could of easily reached me via this.

 

Vanquis did not update my new address details as requested

they apparently sent the default notice, termination notice and notice of assignment to my previous address

which resulted in me never receiving them and an eventual default being recorded on my credit file.

 

I have been told by Vanquis that due to data protection they needed to carry out certain checks before they would update my new address details

and therefore required to speak to me over the telephone.

 

Today, I have been sorting out some old paperwork and came across my original credit agreement from Vanquis Bank.

 

 

It states under notices:

14 Notices

14.1 You or the Additional Cardholder must let us know immediately if:

14.1.1 your or their Card or Cheques become lost or stolen;

14.1.2 your or their PIN is likely to be misused or has been disclosed;

14.1.3 your statement includes any information that seems wrong;

14.1.4 you change your name or address.

If you fail to inform us and we have to trace you, we may charge a Tracing Charge, as set out in paragraph 4.1.5.

You should also keep us informed of any changes to your telephone or mobile number and/or your email address.

We may request copies of documentation certified by a solicitor or notary public as proof of any change to your name; and/or

14.1.5 you want to end this agreement.

14.2 It is also important to tell us of any changes to your financial circumstances.

14.3 You can notify us by writing to Vanquis Card, Customer Service, P.O Box 399, CHATHAM ME4 4WQ

or by telephoning 0871 770 5555.

We may ask you to confirm in writing any notice you give us by telephone.

There are two relevant sections in this document which I have highlighted.

 

 

Section 14.1.4 you change your name or address.

14.3 You can notify us by writing to Vanquis Card, Customer Service, P.O Box 399, CHATHAM ME4 4WQ or by telephoning 0871 770 5555.

 

I changed my address and notified Vanquis Bank in writing.

So, in my opinion I followed the credit agreement as stated.

It does not state anywhere that if I notify Vanquis of an address change in writing,

that due to the data protection act Vanquis will need to clarify any changes made by speaking to me over the phone.

With this in mind,

surely Vanquis did not follow their own rules, as outlined in their own document, a

nd update my address as I requested them to do in writing, as they asked?

As a direct result of this they apparently sent the default notice, termination notice and notice of assignment to the wrong address

and in doing so I was not given the statutory 14 days to remedy any breach.

This is not fair and I have had this default on my file for two years!

Could this information help me in anyway? Any help greatly appreciated.

Eagle

[dx100uk]

well the question needs to be asked is:

 

 

if you or they don't do as above, what actually happens?

 

 

its all very well saying you or they must do 'something'

but what happens if you or they don't?

 

 

that the crux of the matter....

 

 

vanquis, I did tell you in writing of my new address

 

 

but you failed to action it...so what happens now vanquis?

 

 

no good making a rule, if theres no 'penalty' to pay if its not carried out correctly.....

 

 

dx

[Eagle1977]

I will send the question off and see what kind of fobb off letter is returned.

 

Hopefully I am reading it correctly, in that it clearly states in black and white that if I change address then I can notify them in writing!

[dx100uk]

Yea but the twits don't say

What they are required to do, if anything, once you do that!!!

Stupid T&c,s...

[Eagle1977]

The default I have on my credit file is from my previous address.

The address they claim to have sent the DN, TN and NOA.

 

 

Now since then I have moved home twice.

Cabot has updated the default with my new addresses each time I moved,

making it look like I have defaulted at each new address.

 

Surely, the default marker should be registered on your credit file at the address

where you originally defaulted and not continually updating it at each new address?

 

Any advice guys?

[dx100uk]

nope.

matters not what address a default is at.

 

 

as long as the defaulted date in the debt summary

 

 

which was issued by the original creditor

is not changed

 

 

dx

[Eagle1977]

Hi everyone,

 

Ok, I have received a final response from Cabot with regards to removing this default. Obviously, they have said 'no chance' but I remain adamant that if Vanquis had updated my address (and not just documented it on their contact log) I would have received the notice and remedied the breach within the statutory 14 day period.

 

In all honesty, I am tired of all this letter tennis with Cabot. So, I have given this subject a lot of thought and feel my only option is court. My next question is, does anyone know of any solicitors that would be willing to take this on. I have the financial means to fund any action. I understand there will be expense and even more expense if any action is unsuccessful. But, this is now my only option. So please if you can help with any solicitors it would be much appreciated

[honeybee13]

Hi everyone,

 

Ok, I have received a final response from Cabot with regards to removing this default. Obviously, they have said 'no chance' but I remain adamant that if Vanquis had updated my address (and not just documented it on their contact log) I would have received the notice and remedied the breach within the statutory 14 day period.

 

In all honesty, I am tired of all this letter tennis with Cabot. So, I have given this subject a lot of thought and feel my only option is court. My next question is, does anyone know of any solicitors that would be willing to take this on. I have the financial means to fund any action. I understand there will be expense and even more expense if any action is unsuccessful. But, this is now my only option. So please if you can help with any solicitors it would be much appreciated

 

Hello there.

 

I'm afraid we don't recommend lawyers, it's against site rules.

 

You could look on the Law Society website on their Find a Solicitor function for lawyers in your area with the right specialities. They should speak to you on the phone or see you for an initial half hour consultation to see what they think of your case and what you think of them. This would normally be free.

 

HB