gov v Monument

[govtepe1]

Hello

 

Today I recaived my CCA from Monument , on the letter they sent me the manager wrote here is your credit application . So called credit agreement is an original aplication form I have filled years ago.

 

There is a declaration on the for an it says credit agreement regulated by the consumer credit act 1974 , there is a signature box with my signature on the box it says This is a credit Agreement regulated by the consumer credit act 1974 , but there is no second box for the company to sign.

 

It also states on the form please tick box if you would like express service the cost is £3.50 (see table overleaf for effect on APR), which will appear on your first statement. This service will give you a decision with seven days of receipt of your application.

 

your monthly payments will reduce your promotional balance first. At the end of the promotional period and outstanding balance will be transfered to your standard balance.

 

it gives rights to cancel.

 

it also says before the signature , I have read and agreed condition 21 of the terms and conditions which sets out how my information willbe used.

 

there are no other prescribed terms exsists

 

do you think this document is enforcable

 

I wrote to them today by copying one of the template letters about credit agreements and prescribed terms and demanded them to send me a regulated agreement if they cant they need to write the balance to zero. Do you think I done the right thing or is there any thing else I can do

 

Thank you

[Mike220359]

Can you scan the offending article.

 

Mike

[govtepe1]

hello my scanner does not work , do you want me to write it all out as how it is ?

[Mike220359]

The apperance is very importnat, but if you can write it out I'll have a look

 

Mike

[govtepe1]

I recaived a letter from monument today stating that they have passed my letter to another department.

 

I then recaived another letter informing me of the new terms and conditions .Very wierd two lettersat once.

[govtepe1]

I sent monument a letter pointing out the missing bits on the credit agreement

no Apr

no signature from Monument

no total amount or how they are going to calculate it

There is no agreement just an application form .

[govtepe1]

havent recaived no letter from monument, they now in breach . I sent a new letter today pointing out that their agreement is unenforcable . And that they should stop taking money from me and remove my details from their system . will stop paying them next month . they clearly have no leg to stand on and choosing to ignore my letters.

[govtepe1]

I recaived a letter today from Monument , I am writing the full letter can some one please help me to write a response Mnay tahnks

 

I write further to your recent letter regarding your monument account.

The agreement we have enclosed with this letter is a copy of your credit agreement which we are providing to you in accordence with our obligations under the requirements of section 78 (1) requres tha we provide you with a copy of your executed agreement.

 

it is perhaps worth us explaining a little about the copy of the executed agreement section 78 (1) requires us to provide to you . copy for the purposes of the CCA does not refer to an exact copy of the agreement you signed. we are therefore not required by the CCA to provide you with a photocopy of the agreement showing your signature. section 78 requres us to provide you with a copy of your agreement wich looks like the one you signed but which has been updated to contain the terms and conditions which currently apply to your agreement (rather than those which applied at the time you signed the agreement.). importantly , the copy is not required to include your name or signature.

 

we hope that you are now satisfied with the documentation we have provided and that you will continue to make payments on your account.

 

with this letter they sent me 4 pages of terms and conditions with my name on but no signature.

They also sent me the original apllication form with signature .

On my first letter to them I was contesting the application form and I informed them the pescribed terms do not exsist therefore the credit agreement is un enforcable, they then sent me the above letter, I dont realy understand what they are trying to say on this letter can some one help me to write a reply .

[steven4064]

govtepe

 

It sounds like what they have sent you does comply with s78 of the CCA 1974.

 

However, what they have sent you is not a copy of an executed agreement as defined in section 61. Therefore, under section 65, it can only be enforced by a court. Section 127 limits the court's ability to enforce an agreement under s65 to a document 'signed by the debtor and containing within itself the prescribed terms'. What they have sent you does not conform to this requirement and is therefore unenforceable.

 

You could write and tell them that.

[govtepe1]

thank you steven , I sent the letter today , I also aded at the end of the letter for them to remove details about me from their records , will see what happens .

[govtepe1]

another question should i stop the taking money out from my account ?

[govtepe1]

its been 10 days havent heard anything from them any anvice what to do next please

[slick132]

another question should i stop the taking money out from my account ?

Hi Gov,

 

If you've written to say their response to your CCA rquest is not enforceable, the ball is now in their court.

 

You don't need to pay them any more just now, but you may choose to pay what you can afford to reduce the amount you owe them.

 

Have you suffered penalty charges on this a/c that you want to reclaim.

 

It'll take more than a letter or 2 to stop them bothering you but wait for their response - then we'll decide on your next best move.

Edited October 10, 2008 by slick132
typos

[govtepe1]

ok thank you yes they charged me 12 per month for the last 7 months.

[slick132]

Hi Gov,

 

Well that's £84 you'll get back for starters, but what about charges in the last 6 years. They can all be reclaimed.

 

While you await their response, read the Reclaim Guide in my signature below, if you're not already familiar with the process.

[govtepe1]

I wrote to officer of fair trading today and sent the letter I recaived from MONUMENT, I also wrote to EQUIFAX and sen them the letters too.

will see what happens , I heard nothing from MONUMENT if they dont reply to me by tuesday it means they cleared the debt , this is because I wote on the letter that if I dont herar anything from them after 21 days I asume the matter to be closed.

[slick132]

Hi Gov,

 

I'm afraid that the debt will not be considered cleared just because you set a deadline which they miss.

 

Have you writen to Mon't saying the Credit Agreement they supplied is not legally enforceable.

[govtepe1]

yes I did write to Monument stating their credit agrement is unenforcable , I asked them to remove my details from their system and any credit referance agancys too , I said at the end of the lettter if I dont hear from them with in 21 days I asmue the account has being closed and my details removed, they have till tuesday to reply to me . do you think I have done the right thing ?

 

what should I do if I dont hear from them after tuesday, they sent me a new bill few days ago.

[slick132]

Hi Gov,

 

What you've said will not harm or prejudice your efforts.

 

I'm just saying that, if you set a deadline which they fail to meet, they will not lose the right to continue to pursue the matter.

 

No doubt they'll reply to you in time, probably ignoring your assertion that the debt is unenforceable.

[govtepe1]

heard nothing from monument 1 week passed the dead line they still did not reply to me, have heard nothing from OFT either . Monument did not reply to equifax either . Any suggestions as to what to do next please ?

[slick132]

Hi Gov,

 

Don't pay any more just now and wait for their next move.

 

Have you started the reclaim process - this will be useful if they start chasing you for payment, they threaten you with or issue a default notice, or they try to issue court action for payment.

[govtepe1]

what reclaim process ? .

[slick132]

Reclaiming all penalty charges which have been made to your a/c in the last 6 years.

[angel_1]

am subscribing

 

good luck maz

[govtepe1]

This is what I recaived two days ago

 

I am sorry that you have had to contact us about your monument account. Thank you for taking the time and trouble to do so.

 

at monument we are dedicated to consumer satisfaction and when a customer has concern with our product or service, we strive to treat that concern with the ultmost seriousness.

 

we wrote to you on 24 september 2008 and enclosed for the purposes of section 78 (1) of the consumer credit act 1974 (as amended) (the CCA) an executed copy of your agreement with us. we do not agree with you that the copy we provide does not comply with our obligations under section 78 (1) for the following reasons.

 

1) section 78 (1) does not require us to provide you with an exact copy or photocopy of the agreement you sined. we are not required to provide you with a copy showing your name or your signature and no section of the CCA imposes upon us to retain or produce a copy of your agreement showing your signature.

 

2) section 78 (1) requires us to provide you with a copy of your agreement which looks like the one you signed but which has been updated to contain the terms and conditions which currently apply to your agreement (rather than those which applied at the time you signed the agreement.). the copy we provide you with , is in the appropriate format and does include all of the current terms of you agreement with us.

 

it follows from the foregoing that we believe that we have complied with our obligation to provide you with a copy of your agreement under section 78 (1). we hope this letter has been helpful in explaining what the requirement of section 78 (1) are and that you will resume making repayments on your account.

 

I will keep your complaint file open for 8 weeks so you have time to consider my response. if i have not heard from you by then , i will regard your complint as closed.

 

it then goes on stating that I have right to complain to fiancial ombudsman .

this is the last paragraph.

 

please note however, that the financial ombudsman service do not seek to make judgements regarding the legal enforceability , or not , of the credit agreements. they consider that this is a matter for the courts to decide.

 

yours sincerely

naomi wort

customer relations