Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I need a bit of advice with my current Monument credit card case. I have sent the first data protection letter asking the relevent info( last week). The charges that have been applied to my £250.00 limit have become that high i am struggling to pay them back! All from the charges and NOT from any of my spending. To give you an idea the charges are now at nearly £1000.00!!!! I am currently paying £50.00 a month for it to get sucked away to nothing. Any ideas for the next step once i get my statements?
You will get a letter back from the complaints department with your statements, with thinly veiled threats about account closure and that sort of thing.
I would do a CCA request immediatly, their paperwork is not very good and ask to see a copy of the agreement. Still could be useful stalling tactic.
Have been with them for aroung five years. What is the CCA request? Im a little unsure what this will be. Consumer credit act i know, but is this a letter?
Yep It's a letter to get a copy of the original agreement
use the letter in italics below
I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
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They then have 12 working days to reply, if they don't, you can legally stop payments, if after a further month it isn't supplied they commit and offence and the debt becomes unenforcable until they get a court order.
I got a letter today from carol o neill from customer relations. It basically says " I have looked into you case and i will contact you will a response no later than the 27th nov. I am sorry that you have had to contact us regarding you account. etc etc " so i called her, she was very nice which suprised me. She said that my statements are currently being retrived from the achives, and as soon as she gets them she will send them to me with a response. So looking quite good at the moment.
I need a bit of advice with my current Monument credit card case. I have sent the first data protection letter asking the relevent info( last week). The charges that have been applied to my £250.00 limit have become that high i am struggling to pay them back! All from the charges and NOT from any of my spending. To give you an idea the charges are now at nearly £1000.00!!!! I am currently paying £50.00 a month for it to get sucked away to nothing. Any ideas for the next step once i get my statements?
JS1 vs monument Help!
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Originally Posted by JS1
