With regard to the payment break plan, this was an automatic addition to the account after it was opened, in my case I didnt sign anything so I reported them to the Finacial Ombudsman service, they kicked and struggled abit, but in the end they refunded the full amount plus statutory interest.

I take it that you are still being charged interest and alpplied penalty charges to the account whilst they are still in breech of section 78. You have two choices, at this point you can begin proceedings against them because they have broken the law and continue to do so, the law states that you are unable to profit from unlawful activity, so all interest and charges that have been applied during the breech is unlawful enrichment for which you are entitled to be refunded to the account, with statutory interest. I took them, settled with out liability, you'll have to PM me for details.

The second option is to wait until thay default you which they probably will -vexatious act, they cannot enforce whilst in breech of section 78 which includes default issue. They have therefore brought the 'contract between you' to a close without warrent, since you have merely been enforcing your rights unnder law and they have been acting outside it. Now you have them, you rescind the contract under the CCA, they have a prescribed period to reply otherwise they commit another offence. Then you sue them for breech of contract and full recission of the arrangement between you. That allows you to reclaim, all interest & charges (with stautory interest) to place you both in a situation that existed before the 'agreement' was reached, but it also allows you to claim compensation for their breech, the fact that they have posted and erroneous default marker on your record, incidentally, I have read on another thread that a colleague is actually taking the CRA to court as well for allowing the compant to post defamoatory material, since the OFTs recent guidelines has cancelled the CRAs cop out of 'we asked them (the bank) if it was true and they said it was'

Anyway hope this helps.

Mike

Thanks again Mike, I think I will go for the second option

I sent a SAR request to Monument and asked for full disclosure including any recordings of phone calls that were made.

All we got back were statements going all the way back to when it was Providian

No recordings and No agreements were sent to us, therefore they have not complied with my SAR request.

I will be writing back to tell them that I demand ALL of the information they hold.

If they dont have any recording, then they can't prove that the Payment Break Plan was agreed.

I had a reply to my further information request under SAR

So, at least they cannot dispute this in court. They have no evidence that proves that we asked for the Payment Break Plan. I will be interested to see if they are still adding it to the statements.

I bet will have been paying high interest on these payments too, what is the best way to work out how much in total?????

It may even come to enough to cover the debt, in which case would be worth taking them to court.

Thanks

Have had a statement through today and the Payment Break Plan is now not showing.

Now all I need to do is go through old statements and work out how much it all comes to, as I think it could be close to what the balance is now.

3 Years later and this has now been passed to Arrow Global

Upon checking my wife's credit file, Arrow Global have changed her status to deceased and the account settled ????

This seems to have been done about a year ago, how can they do this without evidence?

Barclays have also done this to another account on her credit file