Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Monument Credit Card - Help!!!

    Over 2 months ago i tried to claim all the charges that Monument had levied on my account, Stupidly i accepted a part payment from them as a Full and finalicon settlement, which i now regret as i should have gone for the lot.

    I then set up a payment plan for several months and Monument agreed to freeze interesticon and and charges on the account. The agreed term has now run out on the payment plan. I have wrote to Monument to try and set up another Payment plan, unfortunately to date they have not responded.

    I am now being bombarded by an American call centre 2 to 3 times a day. They ask me to confirm my name and then become rude, aggresive and arrogant. Apart from confirming my name no other security checks are done to confirm my identity.

    I have now asked them not to telephone me and that i will only deal with this matter in writing. They reply "We will phone you when we want to" I then asked them are they are aware of the English law of telephone harrasement. they replied "Are you aware of the American law" At this point i bit my tounge and simply hung up.........

    I am looking for a bit of help on what options i have.......

    > Even though i accepted a Full anf Final part settlement am i able to
    start a fresh claim for unfair charges???

    > Do i send them another telephone harrasement letter???

    > Do i complain to a regulatory body if so whom???

    >Monument are now owned by Raphaels Bank, does any one have any
    addresses for Monument???

    Many Thanks in advance for your help

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  2. #2
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    Default Re: Monument Credit Card - Help!!!

    let them ring,and just set the phone down and go about your business......rile them as much as they rile you......

    then fire of a letter about telephone harrassment

    also,why not tell them you are recording their calls??


  3. #3
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    Default Re: Monument Credit Card - Help!!!

    Monuments address is;

    Monument Credit Services
    PO Box 6476
    Northhampton
    NN4 1ZN

    I too have a reduced payment plan with monument, which they set up in June last year. They did not stipulate a time period on it and have never heard from them since they aggreed to it.

    Maybe I have your experiences to come shortly


  4. #4
    Basic Account Holder drob Novitiate drob's Avatar

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    Default Re: Monument Credit Card - Help!!!

    Even though Monument is now owned by Raphaels Bank is it the same address???

    Monument Credit Services
    PO Box 6476
    Northhampton
    NN4 1ZN


  5. #5
    Basic Account Holder drob Novitiate drob's Avatar

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    Default Re: Monument Credit Card -CCA Help!!!

    Sent off my 1 postal order to Monument for a copy of the CCA and received the following reply>>>>

    "The agreement we have enclosed in this letter is a copy of your credit agreement which we are providing to you in accordance with our obligations under the requirements of section 78(1) of the consumer crediticon Act 1974 (as ammended) (the CCA). Section 78(1) requires that we provide you with a copy of your executed agreement within 12 days of receiving your request for such a copy and upon the payment of 1.00"

    "It is perhaps worth us explaining a little about the "copy of the executed agreement" section 78(1) requires us to provide to you. "Copy" for the purpose of the CCA does not refer to an exact copy of the agreement you signed. We are therefore not required by the CCA to provide you with a photocopy of the agreement showing your signatureicon. Section 78 requires us to provide you with a copy of the agreement that looks like the one you signed but which has been updated to contain the terms and conditions which currently apply to your agreement (rather than those which applied at the time you signed the agreement) Importantly, the copy is not required to include your name or signature".

    "We hope that you are now satisfied with the documentation we have provided and that you will now recommence payments on your account"

    Yours Sincerely

    Naomi Wort.

    All that monument have sent along with the letter is Monument Visa Conditions and a copy of the Monument Conditions. Can anyone comment on the above reply from Monument and advise me on how i should reply to Monument?????

    I have attatched what they have sent me.

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  6. #6
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    Default Re: Monument Credit Card - Help!!!

    I am no expert but I think what they have sent is a load of tosh. Can't see what the first attached file is as it will not open but the other two are just terms and conditions, which may or may not be the ones that were current when you opening the account.
    I don't think there is any way they could enforce this debt with what they have sent.

    Someone more in the know will be along shortly I expect


  7. #7
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    Default Re: Monument Credit Card - Help!!! CCA Help!!!

    Many thanks for your reply
    alfwithhair


  8. #8
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    Default Re: Monument Credit Card - Help!!!

    Please can someone advise on how i should reply to Monument??


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    Default Re: Monument Credit Card - Help!!!

    tell them if what they think they have sent you constitutes a credit agreement,they have another think coming.....


    and as Monument are part of Barclaycard,get in touch with Northampton TS and tell them what is going on....as a lot of others have done it would seem!!


  10. #10
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    Default Re: Monument Credit Card - Help!!!

    As far as im aware Monument are now part of Raphaels Bank and not Barclaysicon hence the annoying and clueless American call centre.

    I also asked for a statement with all transactions that they alledge i owe. They told me that they do this every month. They can't get into there head that that is a monthly statement that just shows the alledged balance and does not list any transactions.

    Are they really this stupid or are they pulling the wool over my eyes?


  11. #11
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    Default Re: Monument Credit Card - Help!!!

    HI,

    Monument (or rather part of Monument) was sold by Barclaysicon in April last year to an American company called CompuCredit Corporation. Their UK arm is CompuCredit UK Ltd.

    I would suggest writing to these people.

    Also, some other things to consider are if the t&cs actually allow them to send your data outside of the EC or not. If not then they have messed up big time by sending your data to the States. However (I did used to work for Barclaycard) it is likely that the t&cs would allow them to do this.

    Secondly, debts are sold (or assigned) under the Law of Property Act 1925 and this states that you have to be given notice and that this notice has to be left at your property personally or sent by recorded delivery. Otherwise it is not effective.

    If it is not effective then Compucredit do not actually own the debt (even though they think that they do). However it might be wise not to remind them of this fact until / unless they take you to court and then use it as part of your defence.


  12. #12
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    Default Re: Monument Credit Card - Help!!!

    Had a quick look at the T&C and it states the following>>>>>

    Monument is a trading name of Raphaels Bank PLC, can you tell me what the connection is to CompuCredit UK ???

    It also states that "We will store and process information on the Raphaels Bank Computer" so does that allow them to store my information outside the EC???


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    Default Re: Monument Credit Card - Help!!!

    It may also be worth mentioning to them that they are responsible, under the OFT Guidance, for the actions of any debt collector they use. Also, any business carrying out debt collectionicon in the UK requires a consumer crediticon licence - unlicenced activity is a criminal offence.


  14. #14
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    Default Re: Monument Credit Card - Help!!!

    Quote Originally Posted by drob View Post
    Had a quick look at the T&C and it states the following>>>>>

    Monument is a trading name of Raphaels Bank PLC, can you tell me what the connection is to CompuCredit UK ???

    It also states that "We will store and process information on the Raphaels Bank Computer" so does that allow them to store my information outside the EC???
    Hi,

    I've had a look at the t&cs that you posted and I can't see any mention of Raphael anywhere. Could you post the document you have that mentions Raphael?

    Barclaysicon made a press statement at the time that it was selling to Compucredit. However, if you google this you'll find that at the same date there was also a sale from Raphael to Compucredit of the right to receive the receivables (ie your payments). So, it may be that teh deal was set up in some strange way to sell it to Raphael and then to sell it on to Compucredit.

    Raphael Bank are part of a private group that also owns Southern Finance and a big currency exchange operation. So, given that it's a private company there's no indication who owns them.


    Who you need to contact depends on who is writing to you, but if you just look on google you will find that "Raphael Bank" (without the plc - there is no company called Raphael Bank plc) is a trading name of:-

    R. RAPHAEL & SONS PLC
    ALBANY COURT YARD
    47-48 PICCADILLY
    LONDON
    W1J 0LR
    Company No. 01288938



  15. #15
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    Default Re: Monument Credit Card - Help!!!

    This is the document that mentions Raphaels Bank

    Attached Files

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    Default Re: Monument Credit Card - Help!!!

    That makes more sense now - you posted the wrong document earlier - you just posted two copies of the same side. I'll have alook at it now


  17. #17
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    Default Re: Monument Credit Card - Help!!!

    Just to throw another spanner in the works !!!!!! I have just checked my credit report and it states the Lenders name as Raphaels Bank.

    It also marks the account as delinquent, and the delinquent date is 30th December 1899

    No defaults have been registered


  18. #18
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    Default Re: Monument Credit Card - Help!!!

    They are a strange bunch Monument.

    I have an credit card account with them, which at the time of issue was part of Barclaysicon group, Plus 2 Barclaycard accounts.

    When I could not afford the repayments in March last year I contacted Monument with a token payment offer and they accepted immediately and seemed quite happy to have their 1.50 a month and even suspended all interesticon and charges, I have never heard anything from them since March last year.

    Barclays on the other hand are complete A Holes, would accept nothing I offered, banged on the interest and charges, then famed it out to the various DCAicon's, could supply no proper CCA, just application froms and are still adament that the application form is the executed agreement.

    So it would appear that Monument are bangin the same drum here. Write to them as advised and inform them of their misgivings.

    My credit file also had a entry as Raphaels Bank, same as you delinquent 30th Dec 1899. No default issue on my account either


  19. #19
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    Default Re: Monument Credit Card - Help!!!

    Ok, you need to write to Monument at either of the addresses that they gave you. You can either write to the PO Box 504 address that they give for complaints in the About Us section in the top right hand corner or you can write to the registered office of the company which is given in the paragraph below. All ltd companies have to give a registered office so that legal or other documents have a definite place that they can be served.

    Looking at the bottom of the How we use your information box it clearly has a bit about what will happen if they transfer your data overseas so that is ok.

    You mentioned about requesting your statements in an earlier post. You need to do this with an SARicon otherwise they are quite within their rights to tell you to get lost.

    With the Full and finalicon settlement of charges earlier, if you signed anything to agree that it was full and final then there is nothing you can do about it. However, if they’ve put any more charges on since then you can still claim those back.

    With the telephone harassment it might be worthwhile seeing if you can get the name of the company that are phoning you up to find out who it is. On a more practical note if you dial 1471 after the call and it comes up with a telephone number then you can use BT’s call barring service to bar all calls from that number – there’s also one for withheld numbers. But I’m not too sure if it works with overseas numbers – you’ll need to ask them.


  20. #20
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    Default Re: Monument Credit Card - Help!!!

    nicklea, many thanks for your help. but have Monument satisfied my request for an executed CCA?? Is what they have sent me merely just terms & conditions?? This is what they have written in their reply>>

    "The agreement we have enclosed in this letter is a copy of your credit agreement which we are providing to you in accordance with our obligations under the requirements of section 78(1) of the consumer crediticon Act 1974 (as ammended) (the CCA). Section 78(1) requires that we provide you with a copy of your executed agreement within 12 days of receiving your request for such a copy and upon the payment of 1.00"

    "It is perhaps worth us explaining a little about the "copy of the executed agreement" section 78(1) requires us to provide to you. "Copy" for the purpose of the CCA does not refer to an exact copy of the agreement you signed. We are therefore not required by the CCA to provide you with a photocopy of the agreement showing your signatureicon. Section 78 requires us to provide you with a copy of the agreement that looks like the one you signed but which has been updated to contain the terms and conditions which currently apply to your agreement (rather than those which applied at the time you signed the agreement) Importantly, the copy is not required to include your name or signature".


    "We hope that you are now satisfied with the documentation we have provided and that you will now recommence payments on your account"

    Yours Sincerely

    Naomi Wort.



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