Monument Credit Card - Help!!!

[rory32]

In response to your PM what they have sent you is completely unenforceable. Amend the following letter as required.

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a "true copy" of the agreement.

 

This breach of the agreement can be demonstrated as follows;

 

As you will know section 180(1) (b) authorises, "the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form." This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

[drob]

Many thanks for your help rory32

[drob]

UPDATE:

 

Monument still say that they have complied with my request so i sent them the following letter

 

You have failed to respond to my request to supply me a true executed copy of the original Consumer Credit Agreement for the above account.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document .In addition a full statement of this account should have been sent to me detailing all debits and credits to the account

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

If that request is not satisfied after a further 30 calendar days you commit a summary criminal offence.

These limits have expired

For the avoidance of any doubt I have included section 78(1) of the Consumer Credit Act 1974, which states…

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

This account remains in serious dispute and you are in default of my request and have committed a summary offence.

I now draw your attention to section 78(6) which states If the creditor under an agreement fails to comply with subsection 78(1) he is not entitled, while the default continues, to enforce the agreement;

 

What I now Require

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40

As you are in default and have committed a summary offence as laid down in 78(6) which states If the creditor under an agreement fails to comply with subsection 78(1) he is not entitled, while the default continues, to enforce the agreement;

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as Capital One become compliant with my request.

As Monument are still not in compliance with my request I insist that the following takes place with immediate effect:

1. All charges levied since September 2007 be removed from the account and further charges cease until such time as Monument comply fully with my original request or such time as a court makes an enforcement order

2. All entries which refer to missed payments and defaults must be removed from my credit file

3. All collection activities by your company cease with immediate effect until Monument comply with my request from August 2007 or such time as a court makes an enforcement order

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful

I trust this out lines the situation

I have attached the reply i have now received from monument and would be grateful if anyone could offer me any advice on my next step???

mon010001.pdf

scan0001.pdf

[drob]

Any advice to how i should respond to Monument????

[rory32]

Did you send the letter I previously posted?

[drob]

Yes, sent that off and received no reply i then sent another letter as i have quoted above. I then received a reponse from Monument copies of which i have attached.

[rory32]

Okay, they obviously don't have a copy of the agreement. You might want to think about a complaint to the OFT http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html The template works just as well for a creditor. You might also want to have a read of one of my old threads which was a similar situation http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/93884-wescot-rbofs-oh-dear.html

[drob]

Thank You rory32!!!

[papadak]

hi, if i'm issuing a moneyclaim against monument to reclaim card charges ... who do i issue it against? Barclaycard, barclays or monument ... whats the address please?

[drob]

You will need to issue it against Monument and i would send it to there registered office.

 

Monument (A Trading Name of CompuCredit)

The Portland Building

25 High Street

Crawley

West Sussex

RH10 1BG

[papadak]

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?

[drob]

Monument Customer Services

51 Saffron Road

Leicester

LE18 4US

 

This is as you say their customer services department. If you are issuing a moneyclaim against Monument then address is to the registerd office as below

 

Monument (A Trading Name of CompuCredit)

The Portland Building

25 High Street

Crawley

West Sussex

RH10 1BG

[Mike220359]

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?

 

Sorry to but in on this one, but 'a friend' had a fair amount of doings with the organisms at CompuCredit t/a Monument and Ms Wort and Ms Croyer. He/she issued a section 78 request in August 2006! they ignored it until March 2007 after he/she complained to Trading Standards when they produced the famous 'reply card' that other users have been issued with, but nothing else. Coz he/she spose TS were involved they removed all the interest and charges accrued between August and that March.

 

Now here's the meaty bit, they didnt include the T & C's, so they were still in default, so couldnt enforce the agreement, and he/she told them so. Didn't stop them trying to and they began charging interest and default charges until July 2007. First one DCA were 'employed' they got short shrift and a complaint to the Ombudsman who didnt find in his/her favour because he/she hadnt lost any money but in its investigation provided him/her with some intersting information to help his/her court matters. Then they defaulted him/her in July 2007 and closed the account all whilst they couldnt enforce the agreement. Oh dear, wrong information on the default notice too and wrong info on the CRAs, but he/she will deal with that one soon.

 

Ok I hear you say it's only their word against Monuments that they are still in default but it isn't, took them to court earlier this year to claim restitution for their unjust enrichment whilst in breech of Section 78, they settled on the court steps for full amount credited to the account, plus damages. Claimed back unfair charges had them recredited to the account plus damages. Took them to FOS for PPI and had all and interest credited to account. He/sherescinded the contract earlier this year because of the unwarrented breech of contract and behaviour, when he/she is able will take them to court for full restitution. Talk about arse and elbow. Now here's a meaty bit in the disclosure mecahnism he/she asked for a copy of the original agreement and all correspondance to Trading Standards. Lo & behold they produce the T & Cs and two letters to TS, obviously they provided the reply card to them too, but TS (for once) were on the ball and asked for the T & Cs which they received about a week later, but they werent sent to him/her! So there we have it, they recognise that they didnt provide the T & Cs to TS but not to him/her, its laughable. And to add even more fuel to the fire, the T & Cs are dated September 2003, he/she took the account out in 2001! So he/she will be moving onto TS in due course.

 

When he/she has the full story all the info will be displayed on a designated thread.

 

BTW Compucredit have a convuluted arrangement with Raphaels Bank which allows the forrmer to use the latters FSA registration I dont quite understand it but there we are, but that explains why all CRA entries are headed Raphaels Bank (CCT UK) or the like. All proceedings should be sent to Compucredit's head office as detailed in Drob's post 37 of this thread. You will get an acknowledgment of service and an intention to defend and all correspondance will then be transfrerred to Barclays Litigation Department. (One poster on another thread posted the contract of exchange between Barclays and Compucredit in 2007, which made the former responsible for all legal proceedings and costs as part of the agreement), you will (hopefully) get to have exchanges with a Sharon Daboul who is very nice and sounds an absolute babe (sorry sexist!!!!), who will basically be going through the motions. The Barclays team know that they havent got a leg to stand on but they have to do it, but the information that they provide you during disclosure is absolute dynamite.

 

Hope this helps.

Edited August 22, 2008 by Mike220359
pressed the wrong key

[drob]

I have had a long term dispute with Monument who failed to provide a CCA. Monument added a default on my credit file and then sold the acccount to Lowell Portfolio. I never received a default notice from Monument.

 

I received a notice of assignement from Lowell Portfolio and a demand for payment. I have wrote back to Lowell Portfolio asking them to prove my liabilty to the alledged debt

 

Lowell have replied to my letter telling me that they have contacted Monument and requested the relevant paperwork ... blah blah blah.

 

Upon checking my credit file today i have noticed Lowell have registered a default against me! :-x:-x

 

1. Monument have registered a default whilst the account was in dispute.

2. No default noticed received from Monument.

2. Monument sold the account whilst in default of a CCA request.

3. Lowell have registered a default without proving my liability.

 

Can any one suggest a way forward???

[craigers]

This is standard practice for Lowell. When they buy a debt they tend to slap a default marker on it. I believe they can technically do it so long as the original default date is preserved. Monument, however, should remove their default and any other data on your CRF. Likewise, the OC should remove any data they added.

 

As for the default notice you never received from Monument, thats probably a tough one to fight as not receiving it isn't a defence. Continue down the CCA route with Lowell and Monument. If they can't produce then BINGO! You can start quoting Data Protection yadda yadda.

[drob]

Many thanks craigers ................ all Monument sent me was terms & conditions. Now the argument is that is all they have to send me, although when i first took out the agreement it was not with Monument but with the name they had before that.

[craigers]

Are monument (or their previous incarnation) the original creditor? What is the credit? Loan? CC? ...?

[drob]

Monument (or their previous incarnation ...... Providian) are the original creditor and it is a Credit Card

[Dorabell]

hi drob this has happend to me but mine was with cap one they put a default on then deleted ,then sold it to lowell now lowell have put a default:mad:

[drob]

hi drob this has happend to me but mine was with cap one they put a default on then deleted ,then sold it to lowell now lowell have put a default:mad:

 

Hi Dorabell ................. did you ask Cap1 to remove it or did they just do it?

[Dorabell]

hi drob cap one just removed it after i disputed that the agreement they sent me was unenforceable then sold it on:mad:

[drob]

This is standard practice for Lowell. When they buy a debt they tend to slap a default marker on it. I believe they can technically do it so long as the original default date is preserved. Monument, however, should remove their default and any other data on your CRF. Likewise, the OC should remove any data they added.

 

As for the default notice you never received from Monument, thats probably a tough one to fight as not receiving it isn't a defence. Continue down the CCA route with Lowell and Monument. If they can't produce then BINGO! You can start quoting Data Protection yadda yadda.

 

Yes they have kept the same date as the original default. How do i go about getting the OC to remove any data they have added?

[craigers]

Someone else will be able to tell you, I'm not really up to the requirements etc, although it would go along the lines of Monument having sold the debt on therefore they have no right to make entries on your CRF, and seeing as Lowell now have "ownership" and they are making entries, you are being damaged by two entries.

 

Probably no harm writing to Lowell either. Tell them that no CCA means they don't have your permission to process data pertaining to you on your CRF.

[drob]

I will send them the following ..............

 

Dear Lowell

 

I Do Not Acknowledge Any Debt to Your Company

I notice that you have placed a default notice on my credit file. It is, of course, not possible to default on an agreement that does not exist; additionally, unless you are able to provide substantive evidence of my express consent to process and/or share my data, I require you to confirm that you have ceased processing my data, and that you have removed any default notice from any credit reference agency files.

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 not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies

1. You may not demand any payment on the account, nor am I obliged to offer any payment to you

2. You may not Issue a default notice related to the account

3. You may not add interest or any charges to the account

4. You may not pass the account to a third party

5. You may not register any information in respect of the account with any credit reference agency

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

look forward to hearing from you in writing.

 

Yours faithfully

drob

Edited February 1, 2009 by drob

[drob]

I have now received a reply to my letter that i sent to Lowell and would be gratefull for any help. The letter states the following ----

 

 

Dear drob

 

Thank you for your letter which was received on 29th January 2009

 

Your comments concerning section 10 of the data protection act 1998 are duly noted. Please note that Lowell Portfolio 1 through it's collection agent Lowell Financial Ltd exerts a contractual right to process data relating to this debt following it's purchase from compucredit.

 

Notice of assignement of the debt was given to you in writing through our letter of 8th January 2009 in accordance with section 136 of the Law of properties Act 1925.

 

In view of the above, we are currently unable to comply with your request to cease processing the data held on the above account as we currently have no reason to believe that the information is being held or processed incorrectly.

 

According to our records, your request under the provisions of the Consumer Credit Act 1974 is being processed. Please be assured thst all collection activities remain suspended until this process has been completed

 

We trust that the above clarifies the current situation for you.

 

Yours Sincerely

 

 

 

Ok......... has anyone got any advise what to do next or shall i just sit tight and wait to see what they send me in relation to the CCa request?