Vanquis Debt & DCAs

climbintheladderouttadebt

Hi all!

I'm on a mission this week to sort out the issues arising around my debts, and this evening I am tackling Vanquis.

Now, I have had regular statements from Vanquis, even since DCAs got involved. That's fine, it's nice to know where I'm at. Well, sort of...

Vanquis wrote to me at the end of last month, stating that I was 2 months in arrears with payments. I wrote back explaining that I am paying Connaught Collections £5 per month (I've just upped it to £20) and have not missed any payments as per our arrangement. There is 1 (so far) late payment marker on my credit report also :mad:

Before Connaught were involved, 1st Credit wrote to me a few times and I paid them a small amount each month. I have kept all copies of letters sent and received, and have had nothing to say that either of these companies own the debt. So I assume it's still Vanquis' to collect on? It does say on statements that 'Your details have been passed to 1st Credit Limited to recover the outstanding debt. Please contact them directly on xxxxxxxxxx with any queries'.

If the debt has not been sold, and I'm assuming this is the case, can I offer to start paying Vanquis again? The statements they send show a minimum payment required etc and I'd rather just deal with them than a company who can't seem to communicate (I've had nothing in writing from Connaught to confirm our payment arrangement, nor anything to acknowldege my recent letter to them, despite knowing it's been signed for)

I am aiming to have the debt paid within 10 months anyway and easily keep up with minimum payments if vanquis will deal with me again! :T:j

DarkConvict

Arrangements with a collection department are informal so still count as missed payments, you must have kept up with the contractual min payments on the card to avoid it.

However if a debt has been defaulted and passed to a DCA, your report will likely just have a number '8' in the late payment marker section to indicate the account has been defaulted.

If the debt was sold they must notify you although they do not always do it, although by law they should send you a notice of assignment. You can offer to pay vanquis but it is upto vanquis if they wish to accept it or let the 3rd party DCA they instructed carry on collection. Only one debt collector or collections department can be demanding payment at one time under OFT guidelines on debt collection.

climbintheladderouttadebt

DarkConvict wrote: »

Arrangements with a collection department are informal so still count as missed payments, you must have kept up with the contractual min payments on the card to avoid it. Good to know, thanks.

However if a debt has been defaulted and passed to a DCA, your report will likely just have a number '8' in the late payment marker section to indicate the account has been defaulted. I don't have the '8' marker though, or a default on my credit report (at least my Experian one). That's why I'm hoping to take over payments with Vanquis again.

If the debt was sold they must notify you although they do not always do it, although by law they should send you a notice of assignment. You can offer to pay vanquis but it is upto vanquis if they wish to accept it or let the 3rd party DCA they instructed carry on collection. Only one debt collector or collections department can be demanding payment at one time under OFT guidelines on debt collection.

I'll call Vanquis tomorrow and see what they say. Fingers crossed!

debrag

Vanquis never seem to deal in letters other than them asking for money. I am trying to set up a payment plan and wrote to them with the relevant letters and gave them my new address. They wrote to my old address saying they could not get hold of me so were going to default if I didn't pay £x and they weren't setting up a payment plan. Well I'm not phoning them or answering their calls.

climbintheladderouttadebt

Thanks Debrag. It kinda makes sense - I have written regarding the wrong data they are processing about me - Vanquis just cannot seem to get right how much I owe them. When I call them, they ask me to deal with 1st Credit, who in turn ask me to deal with another of their depts - Connaught Collections.

I'd love to offer a f&f but as no-one knows what I owe, this is very difficult! Anyone'd think they don't want my money!! :mad:

If they continue to mess up, I'll pay what I believe I owe and complain about them to the ICO, possibly Trading Standards, the FOS and the OFT. It's just not on!

Does anyone know, once a debt has been passed, but not sold, on to a DCA, if the OC can still add charges? And if those charges stand if they don't inform the DCA of them?

I'd really love to be 100% clued-up on this before I go any further.

chuckley

them and their in house collections send me letters on the same day asking for 2 payments. They also refused my payment offer. when i asked them about the two figures they said the vanquis letter (lesser amount) was correct but was on the wrong letter head.

LMFAO! they dont know anything!!!!

needless to say im still paying what i said I can afford.

DarkConvict

It does start to get messy.

Only the owner of the debt can add charges on the account, which is why people like debts to be sold on as once sold the agreement often changes. In the T&Cs of your credit agreement, if it is none transferable then a debt collector cannot add charges as you did not agree to them to be added, no contract exists a debt is merely owed. Obviously once defaulted an account can be sent to court for processing anyway.

As to your balance, bring it up with the OFT, FOS, FSA, and ICO. It is unfair they do not have a balance and breaks the OFT guidelines. The fact the data is not been properly processed and is inaccurate goes against DPA 1998 so ICO comes in. And the behaviour is for the attension of the FOS/FSA. FOS can award compensation in some cases, whilst the FSA deals more with industry wide problems, the FOS is individual disputes that do not need to involve the court.

climbintheladderouttadebt

Cheers DarkConvict! My original letter pointing out their error went out in February. I have written again and am giving them 'til the middle of August to rectify the situation. If they don't comply, I shall happily go straight to the OFT, FOS, FSA, and ICO. Will keep things updated on here if/when anything happens!

Hope you're all having a good weekend?

debrag

still no replies to my letters! phone calls every 5 seconds!

climbintheladderouttadebt

Frustrating! Have you sent them the harrassment by phone letter? That might be worth a try. Also, I'd suggest just paying a regular amount to them regardless of their drivel!
I had a similar prob with Crap 1. I eventually wrote & told them I'd kept a log of all their calls, letters etc. and that in my personal situation they were causing unnecessary stress etc. I sent the letter to every relevant address within the company and I got a personal call, with apology, assurances, the lot. Not a call or letter since, as promised.
If you're in a difficult situation atm it might be worth tryin the sympathy vote!
Threaten action and if they don't listen, complain! Perhaps Vanquis only pay attention to action as opposed to words...?

Let us know how you get on! I hope to have an update myself soon!

climbintheladderouttadebt

Jeez these people are so dumb!

I wrote on 28 June to offer an increase in my payments to £20 (I really don't want to have this hanging around forever and only offered what I can afford). It took them (Impact Collection Services) 2 weeks just to reply to that letter! (They accepted though!) But the balance they state I owe (letter dated 19 July) is £208.32 (a fiver less than I had calculated)!

I am SOOOO tempted to pay this amount, by a one-off payment through my online banking, to clear the debt, having had it in black & white that I owe that amount (plus I'm pretty sure it doesn't include some extra interest added after Vanquis passed to DCA!) I will follow up with a letter to Vanquis and 1st Credit to state its been paid and sit back and relax!

Anyone else think it's a good idea or got any opposing views?

Many thanks!