Thread: Some advice needed on Monument Credit Card

Hi all once again
Ok here is the story with this credit card
as stated in my previous post which is still on going
http://www.consumeractiongroup.co.uk...my-credit.html

i used a third party company to obtain the required documentation from my credit card companys (yes i now know i can do this myself as mentioned in my other post )

this was the only company that replied to the third party with the CCA request so they could be checked under the to see if they were enforcable....

after a week or so the third party company have sent me an email statin that the contract is unenforceable

Hi *****,

I have some good news for you in regards to your monument card. This has come back with 3 major breaches and another infringement. Our solicitors only need one major term breached to take on a case so this is a particularly strong one.

i then decided to ask why it was unenforceable and got the following reply

Hi,
The breaches are as follows:

1/ No interest rate is entered for any of the elements (no simple monthly, simple annual, compound annual or APR)

2/ There is no specific credit limit stated on the agreement

3/ If no information can be entered/short or ultra application form

4/ No Total Charge for credit is entered.

so on these above breaches where do i now stand ? (remember i do not have the details it was sent to a third party)
one thing is for sure i would rather not pay someone £495 to have this sorted
when i can ask for the assistance of the members on the forum who are not
intrested in making money out of peoles finacial problems

so any advice anyone can give me as on what to do next would be greatly appreciated

thankyou in advance

Ricky


ps: just sent a little donation for the help i already got on my other post
Thanks people

Hi Ricky,

I wouls start for yourself on this one so you have a basis to work on . From what they say it looks as though monument have just sent and application form


send of for your own cca:

http://www.consumerforums.com/resour...request-letter

include your £1 po and send recorded and do not sign it just print your name

ida x

there is no agreement just set of standard terms and conditions


reply to them with this:

Dear Sirs,
Account no xxxxxxxxxxxxxx

Re: my request under the Consumer Credit Act 1974
This account is in dispute .
On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.
In response to this request I was supplied with a copy of your terms and conditions which did not comply with the requirements of the Consumer Credit Act 1974.
The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document
Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states
127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).
This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.
In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection
The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states
2.6 Examples of unfair practices are as follows:
h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40
Since the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages
I respectfully request a response to this letter in 14 days

I trust this out lines the situation


Ida x

no probels but all the info is already here on CAG - once you get your way around your stuck here and can't get out

ida x

it's good as well for stress

ida x

exactly why peeps advise to stay away from them. they cannot guarantee anything. Add to your block address'.

ida x

Latest reply from Monument
Im presuming this is just another letter to try and Fob me off



ps: had to attach images as photobucket are doing work on there servers



oops there thumbnails only ?


here are the links now lol

http://img.photobucket.com/albums/v3...hjuune2009.jpg
http://img.photobucket.com/albums/v3...hjuune2009.jpg


a copy of the executed agreement is posted above in post 6

how old is this one?

ida x

Originally Posted by IdaInFife

how old is this one?

ida x

as in ?
its the same as the rest of the post above
sorry if im confused on the question asked

if you mean the reply its the 11th june 2009 in reply to the letter sent above in ur post

Edit

ah right ida i got you now
you mean the account age

its defo pre 2007
i think about 2003-2004 or there abouts if not before

once again thanks for your replys to all my posts

hi ricky,

what they have supplied does not fullfil,

what i am thinking , just in case, can you remember if this was taken out online after 31st dec 04?

even if it was really is still doesn't fullfill it anyway i was just wondering if they were goona hit you with that one.

i'm goona have a scout around and post back replies for you

ida x

ok,

maybe time to hit them with an SAR as well as they have to provide that rather than playing ping pong with them

ida x