Credit Card theft - paying without accepting liability

kbh

Hello,

I have previously posted regarding money that was taken out of my credit card after I have lost it. It was £500 + £15 in cash advance fees. Vanquis are holding me liable, however I am going through their complaints procedure and will take the case to Financial Ombudsmen when I receive my letter of deadlock.

However, my problem is the interest that is growing on top of that amount (it is already £80+), I could pay off the whole amount to stop the interest growing, but I don't want it to look like I am therefore accepting liability. I asked Vanquis for a letter that states that me paying up wouldn't mean that whilst the complaint is being investigated, but they refused.

What should I do? I don't want to ruin my case by paying up, but I also don't want the amount growing, just in case the case isn't upheld.

Thank you!

jonesMUFCforever

If you win they will have to refund the interest - just make sure you pay for all genuine transactions if you are still using the card.

grumbler

Send them a letter by recorded mail saying that you don't accept liability and are paying under protest. Either enclose a cheque or pay by other means after sending the letter. If paying by a debit card over a phone insist on a note left on the account that you do this under protest.

kbh

Thanks for the replies! I haven't used the card for a while, so the outstanding balance is purely from the fraudulent transactions.

Grumbler, I have never heard of the term 'paying under protest' and therefore wasn't sure how to approach this. I will do exactly that, and hope for the best. Thank you!

CKhalvashi

kbh wrote: »

Grumbler, I have never heard of the term 'paying under protest' and therefore wasn't sure how to approach this. I will do exactly that, and hope for the best. Thank you!

It's a legal term, and can be used in court if it goes that far.

Many haven't heard of it, as many don't need to use it.

kbh

That's exactly the kind of thing I was after, but never knew it existed. MSE to the rescue again!

Thanks guys

chattychappy

Another way is sending a without prejudice letter (which amounts to the same thing). Ie write to them saying that you will be sending funds to the account without prejudice to your claim that the transactions are fraudulent and that neither the related amounts nor interest/charges subsequently applied are owed. You can then send the payment a day or so later.

On this basis, they cannot use your payment as an admission the amounts are due. Frankly, given you have already disputed the transactions, it would be difficult for them to do this anyway.

I think that this approach is wise. You could ultimately lose. Even if you win, it can be a hassle getting "late payment" markers etc removed. If you have the cashflow, then I'd be doing the same.

knightstyle

I did similar years ago, I sent a cheque with the letter, later the bank said they hadn't received any letter but they had banked the cheque. Luckily I had taken a copy of the cheque and letter together and when presented with this the bank accepted it! Crooked B******s
By the way I won in the end but it takes perseverance as they try to grind you down.