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I took out a Credit Card with Providian which then turned into Monument and someone told me they were actually Bardclays. Anyway, Cabot bought the debt and have no cca. In spite of the debt being sold on, someone said I can get charges back from Monument. I wrote them a letter to their P.O Box number and have not heard anything for weeks. Where should I write to?
If the lender has no Credit Agreement, the debt can't be legally enforced.
If you are willing to honour the debt and repay it at a rate which your circumstances allow, you can send the lender an SAR if you don't have the necessary a/c statements.
Then identify all unlawful charges and have them refunded, with interest, to reduce the amount left owing.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
If the lender has no Credit Agreement, the debt can't be legally enforced.
If you are willing to honour the debt and repay it at a rate which your circumstances allow, you can send the lender an S.A.R - (Subject access request) if you don't have the necessary a/c statements.
Then identify all unlawful charges and have them refunded, with interest, to reduce the amount left owing.
That was what I thought. There is you see, a possibility of them finding the original cca and I need to work out the best approach in this eventuality. If they reduced the balance, obviously that would help.
2) If there's no Credit Agreement, you can repay the debt at a rate that suits you.
The lack of a Credit Agreement should not be seen as a means of evading debts. And then to try and reclaim related account charges is a step too far for me.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Anyway, I am intrigued by this Wilson v everybody, case history upon case history. How do I find the background on who This Wilson was and under what circumstances all this case law appears to have been made and quoted. We are all very indebted to this man Wilson. Would love to find out the fuller picture of this legal history. Any info anyone?
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
You see the term "False enrichment" may just be a perspective. Given the amount of hassle she went through, if she kept her car too, my perspective would be something along the lines of "Punative damages." The lending company were after all behaving very badly in the eyes of the law.
"Firstly, you should be aware that, as a basic fact of law, the existences of an improperly executed credit agreement DOES NOT void that agreement. The fact there never was a properly executed agreement, also DOES NOT void the agreement. Only the lack of an executed (that is signed) agreement at all would do that.
This is the reason the court returned the car in the Wilson case; the agreement existed, and continues to exist, BUT it was not enforceable without the consent of Wilson. It’s interesting to note even Wilson did not attempt the recovery of monies paid under the agreement. We’re talking about one of the most famous rogue debtors… so, have you wondered why she didn’t do so, if it was a realistic possibility?"
FOUND THIS IN A STICKY. The Court returned the car.
Strange Letter from Barclaycard. Assume it is about the Monument acc because I have not asked for a refund from Barclays. Interesting though.
30 September 2008
Dear Overdone,
Thank you for your recent letter, your details have been passed to me in order that I may respond in my capacity as a customer relationship manager.
I am sorry you feel the charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them clear in our terms and conditions and on the reverse of every monthly statement.
Putting the above to one side, as a gesture of goodwill and without any admission of liabilty, I am prepared to credit your bank account with the charges that you have incurred. This would amount to £450.00, please forward your bank details so I can process this refund for you.
I very much hope that I have fully resolved your complaint but I am obliged to tell you that at this stage you do have the option to ask the financial Ombudsman Service to review your complaint, if you so wish. Please find enclosed their leaflet which explains how you can refer to them.
I am sorry for the delay in resolving your complaint and any inconvenience this has caused. If you would like to discuss this further, please call 0844 xxxx xxxx
Yours sincerely,
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Monument charges. Barclays **WON**
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Originally Posted by slick132
