hi all i have received these from momument are they enforceable they have sent me the separate Ts and Cs 1 page with the date on05/07 and the orther 09/06 i will post the letters up any advise please

It doesn't look enforceable what so ever, can't see many of the things that is required, where's the terms and conditions, apr, credit limit to name a few...

Hopefully some one else can come along and add more.

But that letter they've sent you makes me laugh "...We are therefore not required by the CCA to provide you with a photocopy..."

No, it is not a copy of a credit agreement, for the reasons outlined by Hobbie, and, no, the original of this is not enforceable. Chancers!

thankyou both

Good luck with them

H i all update with monument i received letter today saying that they have sent me a legible copy of monument conditions 06 reflecting the original agreement if thats what they call it (above) ITS SAYS THERE IS NO REQUIREMENT UNDER THE CONSUMER CREDIT ACT 1974 FOR THEM TO CERTIFY AND OR SIGN THIS COPY AGREEMENT AND WE HAVE NOT DONE SO WE HAVE ALSO PREVIOUSLEY SENT( ME) A COPY OF MY SIGNED APPLICATION THIS IS THERE OBLIGATIONS UNDER THE CREDIT CONSUMER ACT WE REGARD THE DEBT ENFORCEABLE AND SHALL CONTINUE TO PERSUE THE OUTSTANDING DEBT BALANCE WITH OUR STANDARD RECOVERY PROCESS bla bla so if they think that is above the proper credit agreement i will have to wait and see what comes next

It is worth asking them if this is the agreement they will be relying on when they take you to court.

If it is then they have little chance of success - none at all with a reasonable judge.

If it isn't then can you have a copy of the one they will be relying on please...

They are talking through a hole in their trousers- a signed application form with no prescribed terms is not a credit agreement and well they know it. I agree with you to wait to see what they send next then your next port of call is their complaints department with a formal complaint.

Hi all update i have received this letter today with the up todate T+Cs,

They can send you all the up-to-date T&C's they want. That doesn't alter the fact that the application form they sent you is not an agreement - the prescribed terms must be in the same part of the document as the signature box(Credit Regulations (Agreements) Act 1983). Mr Ian McCartney when he was Minister with the Department of Trade and Industry made an unequivacable statement that an application form is not a credit agreement if it does not contain the prescribed terms. What they have sent you is unenforceable and I would tell them that until such times as they send you a properly executed agreement, the account remains in dispute. They will come back with more of their rubbish in reply and then it is time to make a formal complaint.

They can send you all the up-to-date T&C's they want. That doesn't alter the fact that the application form they sent you is not an agreement - the prescribed terms must be in the same part of the document as the signature box(Credit Regulations (Agreements) Act 1983). Mr Ian McCartney when he was Minister with the Department of Trade and Industry made an unequivacable statement that an application form is not a credit agreement if it does not contain the prescribed terms. What they have sent you is unenforceable and I would tell them that until such times as they send you a properly executed agreement, the account remains in dispute. They will come back with more of their rubbish in reply and then it is time to make a formal complaint.

Thanks pinky69 for your reply:)

Hi all update with momunment i have received this letter today will post up any advise please

They are totally right in what they have stated.

They HAVE complied with your request.

It's totally 'UNenforceable' in Court, but they have complied

Jogs

They are totally right in what they have stated.

 

They HAVE complied with your request.

 

It's totally 'UNenforceable' in Court, but they have complied

 

Jogs

Thanks Jogs for your reply should i just ignore and wait what comes next

Thanks Jogs for your reply should i just ignore and wait what comes next

Unfortunately, what comes next is six years of hassle.

They will sell/pass on the debt to all the pondlife DCA's out there. They'll huff and puff and make your life as miserable as they can.

Then they'll wreck your credit rating.

It's up to you which way you go. They have nothing they can enforce, so you could haggle for a reduced settlement figure. If you have charges on the card you could claim them back to also reduce the figure.

It's up to you now

JOgs

I find the threat of legal action made to their complaints' departments, which means the DCA currently holding the account will be liable for all costs, expenses and substantial compensation, focuses their minds wonderfully on whether to pass it on or not.

Unfortunately, what comes next is six years of hassle.

 

They will sell/pass on the debt to all the pondlife DCA's out there. They'll huff and puff and make your life as miserable as they can.

 

Then they'll wreck your credit rating.

 

It's up to you which way you go. They have nothing they can enforce, so you could haggle for a reduced settlement figure. If you have charges on the card you could claim them back to also reduce the figure.

 

It's up to you now

 

JOgs

Yes there are charges more then what i owe them ? could you point me in the direction how to claim thank you

Hi all can some one point me in the direction how to claim back credit card charges thank you:)

Bump:)

Hi all another update with monument i have received these 2 letters today i will post up can some one point me in the direction how to claim back the charges that has accured thank you