Transformer999-V-Vanquis

[transformer999]

Re: Transformer999-V-Vanquis

Thanks niddy no I did not pay it....and that I do know....on a happier note the power supply on my pc blew up last night so posting from my mobile... Pc shop was shut today so will have to wait till tomorrow to get it repaired.

[Never-In-Doubt]

Re: Transformer999-V-Vanquis

Just to add, I have not read this whole thread so apologies if repeating old stuff, a payment into an account does not lift SB status. ONLY a payment into the account made by, and acknowledged by YOU affects it.

The rules within the Act are clear. So unless you physically paid the money to the account, they can refund interest and charges etc galore - that does not affect SB.

All refunds / charges etc go through as sundry assessments meaning they retrospectively get added to the start of the account thus assume you had a 0% deal, the bank messed up and you missed a payment which then lost you that 0% deal, it'd be impossible to fix it unless they went back to the start, retrospectively.

That is why it works like that, so for them to show a payment applied on XX Date 2012 or whatever means little unless you paid it to the account.

[Miss Molly]

Re: Transformer999-V-Vanquis

When is the "payment" of £11.59, supposed to have been made - whllst the account was in the possession of Vanquis or Lowells?

If Vanquis, would it be worth sending a Subject Access Request and checking out the statements ?

[transformer999]

Re: Transformer999-V-Vanquis

Received latest letter from Lowells offering me a discount

[transformer999]

Re: Transformer999-V-Vanquis

Received another letter today from Lowells...dated 16 May 12...asking me to contact them to discuss payment plan...ot they may send an agent to visit my home.....well that is nice of them as I have been feeling a bit lonely lately....and if anyone did come I would start telling them all about what I am going through and what my OH....and by the time they have finished listening to me they would pay off what I owed themselves ..like hell they would hey....ahhh just add this to the file and put away for now I guess.

[transformer999]

Re: Transformer999-V-Vanquis

Thanks SH.....I am not denying owing the debt neither am I was looking to get out of repaying what I rightfully believed was owed by me. Vanquis added PPI (not a lot) nevertheless still added it...also unfair charges....and refused to accept my numerous offers of lower installments.

They issued me a bad default notice....and treated me most unfairly. All I ever wanted was for them to accept lower payments due to my financial difficulties and deduct the PPI charges and unfair arrears charges and costs from the total. They did not do this....and things just came to a halt.

I know for a fact that I did not make any payment in April...yes I could write to them and ask how they believe I did.....and no doubt they would not have any evidence to support that they received a payment from me. If I start writing to say that this alleged payment should be proved....then I am not afraid that it would mean that I am acknowledging the debt as I have never and still do not deny owing it. It is just because of their selfish actions and repeated refusals to come to an arrangement with me to come to an agreement so this matter could have and should have been sorted out approx two years ago.

At the moment I have other important life threatening matters to deal with and although I am hoping to sort this out too...but at the moment is not high on my priority list of things to do.

They believe I owe approx £600'ish....I believe it is more like £350'ish....now if they had accepted my initial offer to start repaying and deduct their robbery charges and PPI....I would have almost paid approx £200'ish by now.....but looks like they have more money to spend on writing me letters...wasting paper & ink....something which I do not have the time to do.

[ScabHunter]

Re: Transformer999-V-Vanquis

This is an old Clownell trick from way back.

During my time on the CAG, one of the most experienced and respected posters on the site was dragged into court on a statute barred debt, on the pretence that he had made one isolated payment three years before. Fortunately, he was out of the country at the time the alleged payment was supposed to have been made, and was therefore able to prove beyond doubt Clownell's deceit.

I seriously doubt that this is any kind of internal adjustment, as the words on the statement are explicit - “Payment – Thank You – 11.59” There is only one way that can be interpreted.

If I was in this situation I would be making a formal complaint through their internal procedure, with a view to escalating it to the FOS if they did not back down. I would also be asking them specifically under CPUTR, that if they still allege a payment was made, by which method was the payment made? If they lie in response to that, they would be committing a criminal offence. Even though you could not take any action yourself under this law, you could certainly refer the case to Trading Standards. Falsification of accounts is not a trivial matter.

There is, of course, a potential trap within a trap, in that you could inadvertently acknowledge the alleged debt by using the wrong words in the complaint letters. This should be easy enough to avoid, if you just refer to “the alleged account” and “the alleged debt” instead of “my account” and “my debt”. You could also include a specific statement which says “note that this formal complaint does not constitute an acknowledgment of any alleged debt.”

If you are in any doubt, have one of the mods look over the letter before you send it.

SH

[jon1965]

Re: Transformer999-V-Vanquis

Yes but apparently it is a common trick to fool the less savy into believing that it is not SB. Although you can defend etc how many ccjs are awarded by default?

[greymatter]

Re: Transformer999-V-Vanquis

So if as you say you did not make a payment,then any adjustment made by the OC/DCA surely cannot restart the SB clock.Otherwise they would be making up adjustments everytime to keep the SB clock resetting.
GM

[transformer999]

Re: Transformer999-V-Vanquis

Thanks FP...I know I have not made any payment at all for over 2 years...and honestly do not have a clue what this payment of £11.59 has been deducted either....can't be an adjustment I don't think either....may be your right and showing phantom payment to keep the account alive...but I am sure if I dig my papers out I will know for certain when I last paid.

[jon1965]

Re: Transformer999-V-Vanquis

Indeed but in 3 years time they will say no you made a payment in 2012...I guess then that would be the time to make them prove it but i don't know.

[transformer999]

Re: Transformer999-V-Vanquis

If I last made payment in 2009 then according to my credit file only three years left for it to be SB.

[jon1965]

Re: Transformer999-V-Vanquis

Oh statements of account...bain or my life lol.
I don't want to teach to suck eggs n all that and i am not sure which is the best way...if you challenge that payment you are at risk of acknowleding the debt and resetting the SB clock but if you don't it will be another 6 years anyway.

[transformer999]

Re: Transformer999-V-Vanquis

Hi jon...not exactly sure what date I last made payment but believe it was in late 2009 early 2010...it is not SB...not yet anyway.

I'm having trouble uploading the first part of the letter I received....it is headed

Statement of your account

This notice is being given to you as required by the Consumer Credit Act 1974 because you fell behind with your payments under this agreement with your original creditor.

Ummmm no...I fell behind with payments because the original creditor did not accept lower payments towards the debt.....if they did then things would not have got this far....and I probably would have nearly paid the majority of it off by now.

[jon1965]

Re: Transformer999-V-Vanquis

Probably a cock up...But when did you last make a payment other than this?
It would reset the SB clock