Please Check Out My Cca From Monument

[ANDREAMOUR]

as predicted the dca letter

 

[creditcardmug]

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

 

 

Amend to suit dont sign just type your name, send by recorded, keep the receipt

[ANDREAMOUR]

I Like It! ( ;

Far Better Than The 1 I Drafted Up.

Thanks Credit Card Mug!

[lickthewallfatboy]

they live in their own little circular world with their own little circular arguments

 

so pathetically sad and deluded

 

if you have the patience to keep fending off their threatograms for 6 years and they haven't been silly enough to try to take you to court in the meantime,then you're home in a boat

[ANDREAMOUR]

lol 6 years..

crikey i hope its before then!

[lickthewallfatboy]

statute barred 6 years after last payment or written acknkowledgement of said "alleged debt"

 

in other words----it's a goner

[ANDREAMOUR]

:d:d

[ANDREAMOUR]

Had this from Portland today..

Dont think they have taken any notice of my bemused letter.

 

[cerberusalert]

Send the idiots this;

 

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with Monument yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand/ court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due.

 

I trust this outlines my position clearly enough for you

 

Yours,

Print name do not sign.

[ANDREAMOUR]

Thanks Cerberusalert

Printing it now.

[ANDREAMOUR]

Think my last letter fell on death ears..

Got this today.

 

[lickthewallfatboy]

give them the rubber ear

 

it's the only thing cretins like this understand

[vjohn82]

At this stage it would be appropriate to quote the OFT guidelines to them

[squidward]

Hi Subbing with interest have the same going on with monument

 

Good luck

 

Squidward

 

P.S Rubber ear ?? what does that mean !

Edited May 15, 2009 by squidward

[lickthewallfatboy]

rubber ear---ignore them

[ANDREAMOUR]

Rubber ear lol....

[ANDREAMOUR]

Found this filed away in my monument draw.

I do believe it could be incorrect!

But not 100% sure, can anybody have a look over it please?

 

 

[cerberusalert]

Yes it's a dodgy DN, they haven't given you a clear 14 days to remedy, nor is it in the proper format.

[ANDREAMOUR]

Thanks cerberusalert..

Thought it was.

Well thats another point for me...

[Huff&Puff]

They probably take the view that as they have no enforceable credit agreement, there is no need to produce a valid DN

[GhostDebt]

Hi Andreamour.

Thanks for the link to your thread.

 

Looks like I'm a few letters and a dca behind you, so watching with interest.

 

Best of luck to us all that are dealing with this lot and their dca colleagues.

 

Best regards

[ANDREAMOUR]

Its been very quiet in the monument camp recently no letters of phone calls... Until today that is!

They have now passed my account to a dca

 

[ANDREAMOUR]

sent them this very good template

 

http://www.consumerforums.com/resour...-is-in-dispute

[reorete]

i saw no terms and conditions on that excuse of a cca :0

[toymaker1]

had a new letter from monument today.

seems they think they are in the right..

is court the only way to sort this out?

 

any ideas on my next move please???

 

If I was in your situtation I would send a letter as follows:

 

Dear .........

 

Thank you for your letter dated xxxxxx.

 

With reference to paragraph 2. in your letter. I cannot find anywhere in S78(1) of the Act which sets out a requirement by Monument to provide me with a copy of my agreement which "looks like" the one I signed "but which has been updated to contain the terms and conditions which currently apply" to my agreement.

 

I am sure that on reflection, and after seeking advice from it's legal department, Monument will agree that S78(1) requires Monument to provide me with a "copy" of the executed agreement. Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 requires that the copy "shall be a true copy thereof".

 

Where, as indicated in paragraph 2 of your letter, the agreement "has been updated to contain the terms and conditions which currently apply" to my agreement, that is to say, a modified agreement as defined in S82(2) of the Act, then in such a case Regulation 7 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 requires Monument to include the modified agreement containing the current terms and conditions with the copy of the original executed agreement between Monument and myself.

 

For the avoidance of doubt, nowhere in the Act or the Regulations does it provide for a copy of the modified, updated, supplementary or varied agreement to be provided to me instead of a copy of the executed agreement. The Act and also Regulation 7(1) requires that copies of the executed agreement and also of any modified or varied or supplementary agreements are provided to me by Monument.

 

Yours sincerely.