update Still all quiet - no contact what so ever!! Squidward

Still nothing in the post and no telephone calls - surprisingly quiet on the Monument front!!

Thanks SG I will do some research on the Disability Discrimination Act. My wife Doesn't want to cause any problems at work but she feels a bit put out having to either make up the time or use hours that are owed to her when other staff members just seem to be able to take the time - albeit not as often. If you remember the organisation who compensate the employer could you post it up or pm me! Cheers for your reply Squidward

Hi, A little advice needed please! My wife has been recently diagnosed with RA although her employer is and has been very good, her line manager has asked her to arrange her hospital appointments on her day off. The specialist she see's only makes appointments on set days these are during my wife working hours. She has about 2 -3 hospital appointments per month while they get her medication and treatment sorted. The question is - can they ask her to do this ? I thought they had to allow employees time for hospital dental appointments and similar. Many Thanks Squidward

subbin'

Subbing

Subbing

Update Well checked my credit report looks like MBNA have transfered my account to Arrow Global limited funny thing here is I have no Notice of Assignment (NOA). Whats next?? Squidy

Update Didn't sign the balance transfer program offer! Had absolutely no contact, no phone calls or letters or anything! Anyone else found the same............am I home free!!! Squidy

Thirded!

Hi Vicky It would be worth making sure that the companies you have the existing credit agreements with - which you have been defaulted on and received CCJ's for are not charging you interest, if there is no interest being charged then I wouldn't bother with trying to consolidate them with a loan which is going to be a expensive option. You will get the debt cleared and be better of in the long run IMHO Squidy

Signed

Flipin' eck Cap I thought I had it bad ! MBNA are off my case for the time being -my file is in the "Freeze interest and charges dept" since last September, Just pay them a v small token payment gonna do a full and final when funds permit. Squidy

Hi Cap How it going any update form Varde or Experto on this .....my feeling is they will send the account back to MBNA when they reallies the agreement is duff! Mine was in dispute MBNA sent it to RMA and back to MBNA when I told them the account was in dispute. Squirdward

Well in todays mail I received the agreement from "The Balance Transfer Program" offering the fantastic opportunity of signing a new CCA for an existing debt. The Give away here is the address to send the New agreement is the same address as Monument 51 Saffron Road Leicester. to the balance Transfer Program

Hi Dotty "off Set Rules" I haven't got a clue as I have never banked with Barclays or any division of them, I had a Barclaycard but that's about it. Why does it make you jump am I missing some point here? Regards Squidward

Hi Dave The DN was requesting the arrears only. There is a letter "pending account termination" post 37. The letter below reads like a notice of assignment but isn't headed up as such..i think it is. I 'll have a look at the Termination T&C when I am back from work hopefully that may reveal something. Cheers Squidward Scales tipped

Hi Dotty And thanks for your interest looks like you have the same response to your CCA requests as I did ... just the reply card and thats it not worth a light and they know it! I'll sub to your thread so we can compare issues as they come up. Cheers Squidward

Definitely not stupid they can go whistle! Question ? Have they effectively terminated the agreement when they sent the DN (defective) and then passed the account to JC. Should I CCA JC and when they can't produce a Valid CCA tell them to Beggar off! The reason I ask this is because it has not been "sold" to a external company just moved to a different division of the organization. Squidward

Update Is this a new tactic to get me to sign a new credit agreement...I think so and I will not be signing it. I received a phone call from a company called JCI who now look after my Monument account. They say that if I agree to new payment terms they will write off 1500 of my account. Funny thing is when I web searched JCI I found it's owned by Compucredit and the Rise Visa card is Raphael's which was the company that had my Monument account prior to Compucredit. It seems to be going around in circles .....! Balance Transfer Programme So I sign this then they have an agreement for the original debt and can then enforce it thought the courts .....crafty beggars.

If they sent you the above T and C's in response to a section 77/78 CCA request I would send them this. Try not to speak to them on the telephone if they do get persistent then send them the telephone harassment letter from the templates. Dear Sirs, Account no xxxxxxxxxxxxxx Re: my request under the Consumer Credit Act 1974 This account is in Dispute . On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied a copy of the terms & conditions which do not comply with the requirements of the Consumer Credit Act 1974. The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states; 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment. I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40 Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages I respectfully request a response to this letter in 14 days I trust this out lines the situation Yours, Print name do not sign

I would say these are just Tand C's No credit limit No signature box Squidward

Hi Chesterpants And welcome to CAG. I have a very similar situation to your self High income and Banks and credit card companies throwing money at me. I got to a position last August of just short of 71K of debt costing me around 1260pm a month. I went to Payplan who went through the income and expenditure and got pay my payments to just over 300pm. They have managed to get interest frozen so at least the debts do not gather further interest or charges. Car Finance if it's a Hire purchase agreement ( conditional Sale) probably would't be taken into account as the Finance company would be within there rights to take the car back (unless you have paid more than 1/2). If you don't mind your credit file being trashed, you will get defaults then a DMP works well. Have you checked if your Credit Card Agreements are unenforceable this would be a good starting point. Squidward

Ditto

Thanks for the support guys One thought, a while after I CCA'd Monument and put them in default, I Started a debt management plan with Pay plan, I don't want to rock the boat to much but can see a benefit in challenging the agreement. Monument are receiving pro rata payments at present of 13.43 per month. When They terminate the account will this be sold on or what will happen to the debt? Also when I first challenged the agreement the said the debt would be transfered to Gateley Waring but this has not happen and the debt has been kept "in house" could this be because they know they don't have an executeable agreement? Cheers Squidward