HI guys I have recieved an email from the fos adjudicator and they have told me that Monument has not done anything wrong by offsetting my debt even though they it is not owned by them? this is new for me as i have read in the forums they cannot do it but the fos agrees they can, can anyone help as i have to prepare and fight for this one, the letter that i have received from fos the text is below ""your complaint about R. Raphael & Sons Plc (trading as Monument) Thank you for waiting while I’ve been looking into your complaint. I’ve now looked at all the information that you and Monument have given me. Based on what I’ve seen, I don’t think that Monument has done anything wrong – so I’m not asking it to do anything else. I’ve explained why below. your complaint Monument paid you a refund for the Payment Break Plan (PBP) attached to your account. The refund was applied against your debt, which is now owned by Arrow Global. The surplus was paid to you by cheque. You believe this falls out of this service’s guidelines, and that the whole refund should be paid directly to you to pay off “as required or as I see fit”. You’re also unhappy that Monument has not followed this up in writing after discussing the matter over the phone with you, and that it has not provided confirmation of tax paid on the refund. I can only consider the complaint about Monument. my findings The guidance that you are suggesting Monument is in breach of is an issue of Ombudsman News dated September/October 2004. It does not concern refunds. Your assertion that Monument’s final response letter dated 9 November 2016 “admitted the Payment Break Plan was mis sold” is incorrect. Monument very clearly stated at the top of that letter that “Without admission of liability, and as a gesture of goodwill, we are prepared to adjust your account”. So Monument’s offer was made as a gesture of goodwill. That’s important. It’s quite possible that this PBP was not mis-sold and that you should really not be due any refund. Indeed, I’ve not seen any information suggesting that you were mis-sold the PBP. So it is to your benefit that Monument has refunded you these amounts as a gesture of goodwill. Do I think that Monument acted unreasonably in offsetting the debt? Not at all. It’s worth noting that in accepting this offer you agreed to the terms of it – most specifically, that “Any adjustment is offered without admission of liability and as a gesture of goodwill. No conditions can be placed on the offer by any other party. Any monies still owed from the original debt will be offset by the adjustment”. But even without this cause, I can’t agree that Monument has acted unfairly. Firstly, it’s paid you a refund that as far as I can see there was no reason for it to pay. Secondly, this has benefited you. It has not only cleared your debt but resulted in a further payment direct to you. Monument has not acted at all unreasonably in paying the refund this way and I will not be asking it to do anything else. Monument’s position is set out very clearly in its final response letter and was further explained to you by telephone. In that sense, I’m satisfied it has addressed your queries. Concerning the tax paid on the refund, this is very clearly explained on Monument’s final response letter. I’ve included the relevant sections below: what happens next If you don’t want to take your complaint further, you don’t need to reply. But if you don’t agree with what I’ve said, please let me know why by 25 August 2017. I’ll look at any new information you give me and let you know what I think. If we don’t hear from you by 25 August 2017, we might not be able to look at your complaint again. So if you want to reply but you think you’ll need longer, please tell me as soon as possible. In every case, both the business and their customer can ask an ombudsman to make a final decision. If you have any questions, please get in touch. Yours sincerely""

Hi Dx sorry been away, yes i shall call fos and ask them, Monument address is below woody. Monument Customer Services 51 Saffron Road Leicester LE18 4US

Hi I have recived £400 out of 2.6k, when i called Monument they told me that according to terms and conditions they are setting off the balance to the DCA. I have read the thread by nutter192 and written a letter to them and yet to receive a response from them, also asked for the written confirmation about the setting off the debt to Arrow Global. Even though FOS says they cannot offset to a different company but Monument insists they can, i am thinking of putting in a claim to get the balance, i shall be sending in LBA's soon. Any advice on this matter is much appreciated. Thanks

Sorry i am having problems with the attachment uploading, it basically says that the debt was sold to Arrow Global in Dec 2014, so what should i do now?

Hi Dx I have proof that is attached stating that they do not own the debt, please see the attachment and advise.[ATTACH=CONFIG]65619[/ATTACH][ATTACH=CONFIG]65619[/ATTACH] Sorry i am having problems with the attachment uploading, it says that the debt was sold to Arrow Global in Dec 2014, so what should i do now?

Hi Dx The debt is statue barred, can they still use it to offset my debt?

Hi Dx They say they will adjust this against the debt, i want to know if they are allowed to do it?, am i able to claim all the monies(PPI) from them, do i have to complain thru FOS? want to know how to proceed from here?

HI I applied for the PPI from Monument and i had an outstanding debt which was very old, they sent out an letter to claim PPI and i have applied online. Now i have received an response from the they will be adjusting the money towards my debt, I have attached a copy from them, can you please guide and advise what would be the next best step to get the Ppi PDF uploaded monument reply.pdf

I have had the statements from barclays & capital one so far, also how do i proceed to force vanquis to provide me the Agreement and Terms & conditions as they have not provided them, they want a £1 statutory fee, any template here for me to write to them?

yes the case is still sisted, heard nothing from the court, no paperwork coming thru as aked in the court, so just hanging in there.

Hi All, As advised i have done SAR for Vanquis, the paperwork they have sent me is attached, the only thing they have sent me is list of transactions and nothing else. They say for the credit card agreement, they cannot supply it as i will have to do a CCA request and pay the £1 fees. Copies of assignment, default notice and enforcement notice, they say that they have sold this account to Cabot Financial and they have not provided the same notices. The PPI, Vanquis call it ROP(repayment option plan), i have read it in other threads that it still can be claimed, i have calculated and it is roughly arount £401 pounds, how shall i proceed with claiming it, if i claim it will it be paid to Cabot Financial towards my debt???? Copies of statements they say that i will have to provide a £5 fee to get them, do i really have to do it? The recorded calls they say they will write to me seperately. Can anyone shed any light on this as to how to proceed and what needs to be done in my case. Thanks

Dx out of curiosity, what happens to the documents they have agreed to provide in front of the court like other notices and agreements, PPI, when our case comes for a hearing when they have not provided them? what do you think the judge will view it as?

Hey i am in the same boat, i took out my card in jan 11 and my case was stayed, for the documents side they sent me the 02/10 T&C's, these are predated at least 13 months before i took out the card, you can read all about it here http://www.consumeractiongroup.co.uk/forum/showthread.php?447938-Cabot-Optima-Scottish-Small-Claims-Summons-Form-1a-2011-Vanquis-Card-debt/page2 I believe we have to write to them spotting the differences in the application and T&C's, as in mine there are two mistakes in the application, specifically the T&C's and my income, as for the T&C's there is lot of information which is missing. Giving them seven days to provide the correct paperwork, any thoughts on this??

Also one point that i have noticed in the application form that they have send, my income is very high in their form, i have never earned that much money, can i challenge it(i believe by showing my P60), it shows £38000, where as my income was around 18k at that time???? Please advise

My mate has the T&C's dated as 12/2010, not like the one they have sent me and we can see some of the terms removed or changed. As i do not know what APR my Credit card was i cannot tell if the interest rate is mentioned in the T&C's they have sent me. Can you please shed some more light on the application, as you say it might not be right? can you tell me about the deed of assignment, do they have send me the documents that i requested through court or not?