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Hi

 

I CCA'd Monument for my OH and today received the attached reply.

 

Is it enforceable??

 

Also, she got a statement and they have added just under £15 for something called a "Payment Break Plan". Does anyone know what that is??

 

Many Thanks

monument.pdf

It's all fun and games until someone loses an eye :D

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Hi, well you have a very nice application form with no prescribed terms as far as I can see, and then various bits of terms and conditions, some from 2006 and some from 2007 accompanying an application form that was signed in 2001. I suspect the answer to your question is NO.

 

I have no idea what the £15 is for but probably unlawful;)

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Unbelievable what these people will try!! No creditor's signature, no prescribed terms as Goldlady points out - and a Monument mixture of T&C's supposed to belong to a Providian application form! Totally unenforceable and should go into the CAG archives as a classic piece of total garbage! Ha!

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Hi, well you have a very nice application form with no prescribed terms as far as I can see, and then various bits of terms and conditions, some from 2006 and some from 2007 accompanying an application form that was signed in 2001. I suspect the answer to your question is NO.

 

I have no idea what the £15 is for but probably unlawful;)

 

Now Im no expert (but, am learning alot from this site), but I could have told him that :)

 

Why do some creditors do this, just delaying the enevatable!

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Is the OH still paying them?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Is the OH still paying them?

 

We were on a DMP with CCCS, but we came out of it a couple of days ago. The last payment to them was last month, but I am not certain as whether to pay them anything this month.

It's all fun and games until someone loses an eye :D

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How much approx is left outstanding? Is there already a default registered on it?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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How much approx is left outstanding? Is there already a default registered on it?

 

I think there is about £1500 left and I'm not sure if there is a default on it, probably though.

It's all fun and games until someone loses an eye :D

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There are some fab letters which I have used - some more confrontational than others, and mostly down to Curlyben who is not here much at the moment. One of them is as follows:

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by myself and Barclaycard in 2000 under account number xx

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

They might go away or you might end up with a year's worth of letters flying back and forwards.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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  • 2 weeks later...

I have done the letter and it will be sent out tomorrow. I also added at the bottom that I need an explanation to what a Payment Break Payment is.

 

We shall see what they come back with.

 

Thanks for your help GL

It's all fun and games until someone loses an eye :D

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I am sure you will get a reply:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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  • 3 weeks later...

Hi snap :lol: i have received one of those letters today i think they have been very busy writing to us:lol: im still learning but im sure some one with a bit more experience will come along with some good advice for you good luck :-)

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I would ignore this and wait until there next demand comes, then make a formal complaint to their Complaints Department that they are in breach of the CCA 1974 for not supplying you with a copy of a properly executed agreement pertaining to the alleged debt and in breach of the Adminstration of Justice Act 1970 Section 40 and OFT guidelines for pursuing a debt in dispute. There is nothing they can do but make threats - they don't have a credit agreement they can enforce.

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  • 1 month later...

I was talking to the OH last night about this account, and she remembers asking them to cancel the Payment Break Plan.

 

I have today sent them a letter asking them to explain what it is, when my OH signed up for it and a statement of account that relates to the payments that have been made relating to the Plan.

 

They have dodged the question a couple of times already, so will see what crap they come back with.

It's all fun and games until someone loses an eye :D

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  • 2 weeks later...
I was talking to the OH last night about this account, and she remembers asking them to cancel the Payment Break Plan.

 

I have today sent them a letter asking them to explain what it is, when my OH signed up for it and a statement of account that relates to the payments that have been made relating to the Plan.

 

They have dodged the question a couple of times already, so will see what crap they come back with.

 

I got a full response from them about the Payment Break Plan.

 

I suppose I will need to SAR them to get a hold of the recording that proves that my OH agreed to it and also get a hold of the letter that my wife sent to them to cancel it.

 

Then we can go from there.

 

Any comments????

MonumentPBP.pdf

It's all fun and games until someone loses an eye :D

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Hi I have been made aware of another 'customer service' address for MONUMENT Credit Card as follows:

 

Monument Customer Services

51 Saffron Road

Leicester

LE18 4US

 

.... is this correct and does anyone know of an email address for them?

 

Hi papadak yes the address is correct sorry i don,t now there email address i hope this helps :)

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Hi

I'm having the same dealings with Monument. That is the address Monument state on their correspondance with me and it is also Miss Wort that signs the letters.

 

Monument have started a Payment Break on the account, when I questioned this, they said it was free and no payment will be taken for this service.It has been applied for about 8 months and I have not paid a payment since July last year when the account became in dispute.

 

They just keep saying the "reply card" they sent is all they need to send, and I just keep replying it is not a properly executed agreement.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/87679-mtb-monument-barclaycard.html?highlight=alamand

 

I havn't got an e-mail address for them.

 

Regards

Alamand

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Hi

 

I CCA'd Monument for my OH and today received the attached reply.

 

Is it enforceable??

 

Also, she got a statement and they have added just under £15 for something called a "Payment Break Plan". Does anyone know what that is??

 

Many Thanks

Thay tried to pass the T & Cs shown off as the original in my disclosure list, but didnt have the guts to argue in court settled 'without admission of liability'. Look at the evidence, on the T & Cs says that Monument is a subsidery of Barclays Bank, so why is the reply card stamped Providian National Bank? The reply card cites section 21, but this is missing in the T & Cs so if the latter were the originals the creditor has still not complied with Section 78 because it has not supplied [every] document refereed to in the agreement.

 

And the Piece de whatever, it is stamped (we an argue in court that this does not comply with requirements of the act, but not at this stage) 'subject to approval' it is therefore a 'pre contractual agreement' under section 59 of the CCA and therefore non-enforceable under any circumstances. PM Peterbard on this matter, but tip me scales if its helped!

 

Regards,

 

Mike

 

ps I would have thought Naomi would have been a little cheesed off with sending out this 'documentation' still its not Monument that have to defend it in court its Barclays' team, I wouldn't be very happy if I were they.

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If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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Hi papadak yes the address is correct sorry i don,t now there email address i hope this helps :)

 

It may be the correct address for Customer Services, but all submissions should be made to the head office at the Portland Building in deepest Sussex.

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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Very well spotted on the T&C's Mike and also the stamp that is on the document.

 

Here is a question though. If I try and claim the Payment Break Plan payments back, then am I not acknowledging the debt? So in that case I should just sit tight, although to stop them from adding more, I could send them a letter saying that I do not acknowledge any debt with them but to stop the Payment Break Plan.

 

I am unsure and advice would be welcomed :D

It's all fun and games until someone loses an eye :D

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