Hi

I had a Monument Credit Card, which was opened in 2004,

this month i started gettting letters from NCO Europe saying to pay up,

i have sent one letter and they have replied with a bit strange wording,

i have listed them below and was wondering if you could help me draft a response

the specifics i am looking is for quotes from the law, example under such law and under section and subsection etc., i wonder if you could help., thanks in advance.

1) their response

"I can confirm that our letter dated 12th May 2015, confirms that your monument account has now been passed to NCO

to manage the collection of the balance outstanding,

This is your notice of assignment,

however, i do acknowledge that you have requested the Deed of Assignment

A Deed of Assignment is a document in which a debtor appoints a trustee to take charge of the property to pay debts, partly or wholly.

It allows one party(the assignor) to transfer ownership of something they own, such as a house or endowment policy, to someone else(the assignee).

Therefore, it is not applicable to your account and it is not possible to provide."

What they say above is it right?, what can i quote in law to make them agree for a deed of assignment.

2)"We have not purchased this balance therefore we are unable to provide a Deed of Novation"

they have not purchased it????

3)"NCO Europe is managing the above account on behalf of Arrow Global.

The account was purchased by Arrow Global from Monument on 22nd December 2014.

As per the original terms and conditions with Monument they reserve the right to pass or sell your account to a third party to manage.

The account was sold to arrow global and they have appointed NCO Europe to manage it on their behalf"

they are managing does it not make them a party and under law they have to provide documentation for this,

they say i have to make a CCA request which i do not want to as it will reset the account, can you please advise.

Hope to hear from you soon. a image of the letter below

pdf remember please

dx

dunno where you are getting some of this munbo jumbo from AH

but it sound very much freeman of the land to me

if it is, dump all that crap now.

a CCA request DOES NOT, reset your acking of the debt

you will not get to see the deed

you probably mean the notice of assignment, which is what they have sent you.

as this is from 2004 they will need the signed CCA

to enforce it.

I bet you've PENALT charges on the card

and Payment Break Plan [PPI]

so stuff their to reclaim.

lets see that letter and any others you've been getting please

is the debt on your CRA file?

what is the defaulted date please?

dx

Hi Dx,

Right thanks for your input, i have checked my CRA file and it does not showup on my experian report, but my previous report from 2013 shows the entries, the original credit limit was £750 but now they are claiming over £2k, so definetely it is time barred as i have no payments showing up in my previous credit reports.

Now how do i go about claiming the ppi and charges, I shall send a CCA request soon and also would like to know how to word it specially asking for proof of last payment on the account.

I have signed up with noddle for free credit report and also experian, in both the reports it does not show up any entries for the above.

Any help in this matter would be great.

Thanks.

When did you last pay anything towards this?

Was it more than six years ago? (five in Scotland)

The CCA request is in the library (green writing above)

But here it is http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

Get 'proof of posting' which is free from the PO counter.

why send a cca if its statute barred

ignore then unless a claim arrives

then use sb defence.

on the old report

what is the defaulted date

and you'll need to sar monument to get all the statements.

can we have that letter in pdf please cant read postage stamps

Hi Dx,

I will try and upload the letter today/tommorrow hopefully,

now i have been sifting thru all my old letters and found that i used to have two cards with Natwest, one with Capital one,

can i see the balance is over £5k for all the three, can i follow the same process of doing a SAR for claiming ppi and penalty charges.

As to the post by Boo,

i have made a mistake, in 2012 due to various demands by DCA i approached CAB and asked them to help me with my problem,

they have contacted all the DCA's and got me a payment plan,

but i was not in a position to pay them anything as i lost my job

and had financial difficulties and also health problems,

now will this reset the five year limit?

eventhough i have not contacted them directly,

please advise.

thanks

so you are in Scotland?

yes sar monument as already advised

dx

hehe ofcourse you are re your other thread!!

even better then

the debt is extinguished not just barred

tough luck arrows!

Ah bless their cottons........:pound: love to be a fly on the wall when they read that!

Ok new attachement added.

Hi Dx sorry i did not answer your question yes iam in scotland, but the cards were taken out when i used to live in London.

ok then so sadly 6yrs sb.

dx

unapproved the pdf

you've left their ref number on it.

CCA to arrows

and sar to monument time me thinks

Ok Dx, few questions,

i have taken out this card in 2004,

since 2005 i have been resident in Scotland,

as per rules i normally reside in Scotland not England,

so should the rule of 5 years not apply in my case?

Secondly if it is SB'ed (be it 5yrs or 6yrs as i have no recollection of any payment for this period),

why do i need to do a CCA request to Arrows?,

when i am doing SAR to Monument,

can you pls shed some light?.

Also i have attached a new modified file, is there a way to delete the old file?

Ok Dx, few questions,

 

 

i have taken out this card in 2004,

since 2005 i have been resident in Scotland,

as per rules i normally reside in Scotland not England,

so should the rule of 5 years not apply in my case? -

no its where you were resident when you signed the agreement

http://www.govanlc.com/suedinengland.htm

 

Secondly if it is SB'ed (be it 5yrs or 6yrs as i have no recollection of any payment for this period),

why do i need to do a CCA request to Arrows?, because they are the debt owner and are chasing you

when i am doing SAR to Monument,- but they have sold the debt so whatever they send [if they send a copy of the agreement too- there is no legal compulsion to send one in an sar]

 

can you pls shed some light?.

 

Also i have attached a new modified file, is there a way to delete the old file?

no file attached

you need the sar to get all the statement

only the OC will have those

dx

So Dx, what you are saying that i can be tried in Scotland event hough the agreement says it is governed by laws of England,

the attachment is edited in the same comment sorry, but i have attached it here?, hope to have your comments on this.

So Dx, what you are saying that i can be tried in Scotland event hough the agreement says it is governed by laws of England,

ofcourse you can

 

so technically I could argue that the court does not have jurisdiction as per the agreement?

no, the agreement will mention nowt about that as its not their problem

 

am i right? nope

the attachment is edited in the same comment sorry, but i have attached it here?, hope to have your comments on this.

you took out an agreement whilst resident in England

the only real consequence is the statue barring will be 6yrs not 5yrs

and the debt is never extinguished like in scotland

Sorry i might sound stupid, as i have a medical condition of getting confused just want to ask you this,

Now it is crystal clear about where i can be tried,

one last question,

The SAR request is for PPI and default charges, and i should be sending it to Arrows and there is no need to do one to Monument?

In any case who will i be claiming the money from?

if there is any PPI & default charges Monument or Arrows?,

i guess from Arrows?,

or from the Monument to whom i had paid such sums?

sar's and reclaims always goto the OC [original creditor] as they levied them

Hi Dx,

I have taken screen shots of my credit report for Monument and have attached the documents, please have a look, things i have noticed

There is no default date on the file, it only shows there is an arrangement to pay, while there is none and no payments have been made i dont know how long, can they do this?, is this right?

a bit strange, i have just noticed it., can you please have a look and comment.

the ar or ap markers are a killer they never go away.

you need that sar before you go further.

dx