If you are going to court it depends who is running the account, if it is still Barclays Bank, you should claim against Barclays Bank trading as Monument and send it to Barclays Regsistered address. If Your account has been taken over by Rphaels Bank, you should send it to Raphaels Bank Trading as Monument and send it to their address. Mike

Monument were a trading name of Barclaycard until the latter sold the name and some of the accounts to Raphaels in early July. Obviously your other halfs account was one retained by BC. What you need to do is to CCA Barclaycard since the account has been transfered to that operator, they will then have to send the original agreement which must be Monuments or if your really lucky and hes had the account that long Providians, with that they must supply the T & Cs applicable at the time of the accounts foundation not Barclaycards present Mike

This is a bit odd, didnt they send any letters of advice or new terms and conditions, do a cca request on them mike

You have to remember LB the people on the end of the phone are given a crib sheet, no terms and conditions then they have committed an offence, if they carry on adding interest and charges - unjust enrichment opens a can of worms for them.Mike

Exactly, at the end of the day (I hate that cliche) these people know what they are doing, know that they havent got a leg to stand upon, so just ignore them. Mike My god I'm getting philosphical in my old age!

Where ignorance is bliss tis folly to be wise

Calm it down you to, everyone knows what it's like to be at the bottom of the heap getiing told all kinds of crap by the creditors who may lie (no really), you want lots and lots of reassurance. First lesson of counselling Ian dont get annoyed with the client Mike

There is a funny thing with Blair et al, until recently the company records at companies house stated that Blair et al was a dormant company, but I have letters from them going way back, although to be fair I dont know how long they had been dormant for. However, until my success with these organisms I had been paying to them since 2004 on that account and within that timescale it was a dormant company. Another correspondant on this site had actually pointed this out to Companies House, who if I remeber correctly said that they would welcome any information on the matter. Actaully, you've just reminded me I was going to write a letter as well, and will do tonite! The correspondance issue though is very important, if you've got letters offering info and their not dealing with it, when they go to court (which they wont) who is going to look reasonable?! Mike

Sit back and wait till the prescribed time is up Mike

It should be 'Barclays Bank plc trading as Monument' and the address should be Barclays address in London, Churchill place ( I think). If you have been told that the account has been taken over by Raphaels Bank it should be 'Raphaels Bank trading as Monument' and there head office address which I think is in Aylesbury. Mike

There you go http://www.uk-legislation.hmso.gov.uk/si/si2004/uksi_20043236_en.pdf Mike

I'm afraid that they are governed by slightly different rules, I cant remeber exactly what the actual rules are I'll get back to you as sonn as I can on that one Mike

RMW look at my thread here, http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html Dont worry about your letters being signed for etc. if they are not delivered as mine wasn't when I sent a letter to the Company Secretary of Blair et al, they are sent back to you. So if you haven't had the returned, they have been delivered. When they ring ask to speak to a supervisor, the 'assistants' that they have on the 'phone are just poorly paid, poorly trained people who talk from a crib sheet. There agin if you dont confirm who you are, they cant talk to you. As regards your CCA, chances are they will not have a copy of the paperwork, HBOS, particularly bad, RBS got better post 2004 when they realised that people were starting to realise that they have had the wool pulled over their eyes. Be strong, theyre wrong Mike

I'm afariad that you are going to have to take them to court or use the DPA

Karen I would wait until the prescribed time is over. Unfortunatly Next behave in the most aboniable way toward customers who know the law. They know the law too, but unless you take them to court, they choose to ignore it. Its up to use to take them to court to get them off our backs. I dont know whther you know of the Wilson vs First County Case, basically she pawned her BMW, reneged on the deal then said that original agreement didnt comply with the CCA, took them to court kept her car and the money she borrowed as well all because the agreement was invalid. Now think what would happen if you took NEXT to court they wouldnt have a leg to stand on, and they know it. As the old roman military strategy goes the best form of defence is attack and that is what next does. As an aside, and I havent read this particular thread through, but I have mentioned it on others, NEXT have a very odd way of caluculating interest, its printed on the back of your monthly statment, the amount of times that the interest charged does not tally with the (on the face of it) very simple calculation. Report them to TS if yours doesnt tally. Mike

This is a odd one, I have never seen such an application form, all the prescribed terms are there but where is there signature and spaces for your info, seems like a pre-contractual agrrment to me Mike

Oh well it might make them realise they've got a right mess to deal with!

Unfortunate name Wort, although I beleive it is the malted mash that brewers use to make beer. I wonder what Monument are brewing now. See what I did there!

I must admit that this is a piece of drivel, if they own a consumer debt, they are bound by the CCA. I would send a complaint in about (just) this aspect of there standpoint, say that you do not agree that they are not bound, as they imply, by the CCA and they have a duty to reply. State that if you do not have a reply from them within the time frame of eight weeks or they issue your CCA, you will report them to the FSO, cost to THEM £400. Additionally, are there any charges on the account that you take them to court for at the moment, start the ball rolling, if they ring up again after that, tell the organism on the other end that they are seeking to pervert the course of justice and you will report them, and the company to the police, get their operator identity number first though. You do have alot of ammo Mike

Once you have started your claim with Braclays, then they will be responsible, since at the time they were the custodians (through Monumnet) of your account Mike

As I said on the other thread, you've sent the request to the right place, after the 40 days it becaomes the problem of the Raphael's data controller Mike

Customer relations are the first port of call, you just make a non-complainace the business of the Raphael's data controller. As an aside I do wonder whether FC if Raphael really do understand what they are getting themselves into. I realise that Compucredit are really the driving force behind the take overbut since they dont have a licence they are using Rapahel's, but it is the latter that will be taking all the flack. So all cases will be against 'Raphael's Bank T/A Monumnet' For instance I've got a complaint going into the FSO this weekend regarding the issue of a default notice whilst an account is in dispute and unenforceable, the sums stated on which are wrong! I've got another ongoing one with the FSO regarding the input of Wescott in the affair. I've put notices of correction on my credit record with experian regarding the erroneous credit history, and a letter of complaint has gone to the IC about it. This weekend, Im starting two claims against them one for PPI and the other for charges, nearly £2k with interest. Talk about accountants knowing the cost of everything and the value of nothing. Mike

Sounds good, they have to prove that they gave you the money, unless it was cash, there will be a paper trail Mike

I once had an interesting conversation with a gent from a DCA, who kept riniing me up over a two week period asking me excatly how long it would take to sell me house (it was on the market at the time), so that barclaycard can get their money! I could feel the silly tw*ts acne down the 'phone!