Vanquis nightmare

boggie40

Thought i would share this ongoing saga that i am having to deal with in case anyone else is having the same problem as me.
In August i received a credit card statement from vanquis bank although there was no balance i contacted them imediately(via the say no to 0870 as they have a premium rate no if you need to contact them):mad: i explained the situation to them that i had received this statement and i have no knowledge of this card never mind taking one out, to be honest i thought it was a scam(perhaps i am right) they said they would look into it and would be in touch.
Then in September i received another statement this time with a balance of £72.15. Again i rang them and asked them to explain to me why there is a balance now on the card as during the 1st call to them they said they would imediately block this card whilst they look into it.
At this point i reported the matter to the police who took a statement and gave me a crime reference number to give to vanquis. I asked the police if they were going to investigate this and they told me that they would as soon as vanquis reported the matter to them ???
I was then contacted by the fraud department, i explained everything to them and they sent me a form out to sign saying that i had never taken this product out. I signed it and returned it imediately. They then sent me a letter saying that they had investigated the matter and in their opinion due to them having the correct address, phone number date of birth and my mothers maiden name that i must have taken it out and that i am now liable for the balance of £84.15 which is already in arrears.
At this point i had been receiving at least 4 telephone calls a day starting from 7.30am, then i started getting calls from a computer telling me i must contact them immediately, and then the final straw dialer calls - my phone rings i answer then it cuts off after about 3 seconds, i was having at least 8 of these a day.
I could take no more of this harrasment and decided to consult my solicitor. He has taken the case on i have had to pay an initial £60 consultation fee, a 1st letter having been sent is another £45.
I had a call off vanquis yesterday i explained to them that i have now put the matter in the hands of my solicitor - there words "what did you do that for, it would have been cheaper to clear the outstanding balance than go to a solicitor" needless to say i was absolutely enraged and for a change they actually put the phone down on me this time....
What i would like to know is - could i take them to the small claims court for whatever costs i incur ? i know i wont get anything for all the stress i have had to put up with over the last 3 months, but i am at breaking point.
To give a broader picture of my circumstances i was bankrupt in 2007, discharged in 2008. I was medically retired in 2009 and it is doubtful if i will ever work again so i am living on benefits. This is why i never apply for any type of credit. I live hand to mouth and these people have made my life hell.
I forgot to say i used to be a manager of a business with 80+ employees and my password on my computer was my mothers maiden name(yes i know u dont need to tell me) Approx 60 of these people regularly had access to my computer. I had a 40th birthday party and all the staff attended, and everyone who i have ever done business with has my phone numbers as they have not changed in 14 years.
Sorry for this being so long winded, but i would appreciate any advice from the very wise peeps on here :A

PNPSUKNET

If you can prove that it was not you, then yes you cna sue for damages also

msgnomey

there is a template somewhere of a letter that you can send them saying you will only deal with them in writing, I am sure someone more knowledgeable than me will know where it is, then if they ring you you can tell them 'I am sorry but I will only deal with your company in writing' and put the phone down.

it sounds like you have done all of the right things, ringing them, contacting police and I can tall this has greatly upset you, good luck with getting it sorted

xx

NekoZombie

Well, I'm going to be the voice of reason and say it's important to keep a sense of perspective. Thus far Vanquis are chasing up a payment of £84.15, and you have spent £105 on solicitors fees. They're right - it would have been cheaper to pay it off! At the end of the day, it its fraud you would have been / are covered. Got to say it is also very unusual for someone to fraudulently use your card for such a small amount - when I had fraud on my card they tool the card to the limit. Final thing to say - no-one is going to investigate a theft of £75! There are far more serious things for the police to investigate. I can totally understand your frustration and anger at this situation but I do think you are in danger of cutting of your nose to spite your face. Sorry!

dgtazzman

You read over the fact that it's not his card, he never asked for it, somebody else has just taken one out in his name (though God knows how they actually got their hands on it if they used OP's address). It's a case of identity theft, in which case the credit card might just be a sign of things to come if left alone...

NekoZombie

dgtazzman wrote: »

You read over the fact that it's not his card, he never asked for it, somebody else has just taken one out in his name (though God knows how they actually got their hands on it if they used OP's address). It's a case of identity theft, in which case the credit card might just be a sign of things to come if left alone...

No - I haven't read over anything - and please note from my post that i have been a victim of identity theft myself so I know how unbelievably annoying and frustraiting it is.

At the end of the day, vanquis have a duty to protect their customers from identity theft - something they have fallen short of, but the usual route is not getting solicitors involved, esp. over £84! Sorry, but true! I do see that there is a principle involved, and i do see that that OP is in a difficult situation, but this is a clear example of trying to prove yourself right regardless of expense. At the end of the day, when we're talking an insignificant sums of money - best thing is to report them to the financial ombudsman for failing in their duty of care!

Fiddlestick

NekoZombie wrote: »

At the end of the day, vanquis have a duty to protect their customers from identity theft - something they have fallen short of, but the usual route is not getting solicitors involved, esp. over £84!

The OP will likely be awarded costs in a small claims court.

timbstoke

Fiddlestick wrote: »

The OP will likely be awarded costs in a small claims court.

It's very rare that either side can claim costs in a small claims case - the whole point of the small claims track is to keep costs down. I doubt the OP will be able to reclaim any solicitor fees for this.

Norfolk_Jim

What an awful situation to be put in. I think I would have gone through the complaints procedure first and then whatever ombudsman applies to credit cards before even thinking of solicitors but I can sympathise with the OP. Its horrible when banks, cards, whoever wont listen and just steamroller over you.

boggie40

perhaps i should have added that i was a manager for the countrys largest mail operator, so if someone wanted to go through my mail prior to it being delivered it would be very easy.
with hindsight i think going to the solicitor was the wrong move, but i was desperate to get them off my case. they are not only harrassing my wife and i with phonecalls there is the thought of what affect this is having on my already fragile credit rating(prob non existant really)
i have had the letter off the solicitor today stating that all calls must cease immediately and any correspondence should be via them. it also says that the matter will be transferred to the financial ombudsman (wish i knew that exisited).
as for proving it was not me who applied for the card i have already done all i can to prove this.
the card was blocked as soon as they put the "special discount scheme" had been charged to the account following my call in august. it has apparently been attempted to be used and the card was blocked.

boggie40

msgnomey wrote: »

there is a template somewhere of a letter that you can send them saying you will only deal with them in writing, I am sure someone more knowledgeable than me will know where it is, then if they ring you you can tell them 'I am sorry but I will only deal with your company in writing' and put the phone down.


xx

could someone please direct me to where i could find this template as i am now receiving min 9 calls a day all of which cut me off as soon as i answer. i have looked for the last 2 days but cannot find it. :mad: