Monument/Barclays

[Mike220359]

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.

[Mike220359]

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

[Mike220359]

With regard to the payment break plan, this was an automatic addition to the account after it was opened, in my case I didnt sign anything so I reported them to the Finacial Ombudsman service, they kicked and struggled abit, but in the end they refunded the full amount plus statutory interest.

 

I take it that you are still being charged interest and alpplied penalty charges to the account whilst they are still in breech of section 78. You have two choices, at this point you can begin proceedings against them because they have broken the law and continue to do so, the law states that you are unable to profit from unlawful activity, so all interest and charges that have been applied during the breech is unlawful enrichment for which you are entitled to be refunded to the account, with statutory interest. I took them, settled with out liability, you'll have to PM me for details.

 

The second option is to wait until thay default you which they probably will -vexatious act, they cannot enforce whilst in breech of section 78 which includes default issue. They have therefore brought the 'contract between you' to a close without warrent, since you have merely been enforcing your rights unnder law and they have been acting outside it. Now you have them, you rescind the contract under the CCA, they have a prescribed period to reply otherwise they commit another offence. Then you sue them for breech of contract and full recission of the arrangement between you. That allows you to reclaim, all interest & charges (with stautory interest) to place you both in a situation that existed before the 'agreement' was reached, but it also allows you to claim compensation for their breech, the fact that they have posted and erroneous default marker on your record, incidentally, I have read on another thread that a colleague is actually taking the CRA to court as well for allowing the compant to post defamoatory material, since the OFTs recent guidelines has cancelled the CRAs cop out of 'we asked them (the bank) if it was true and they said it was'

 

Anyway hope this helps.

 

Mike