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    • Great thanks. I will get on to it later this evening.
    • Well as I said, this is really outside my experience but I really don't understand why such a one-sided term which is also calculated to negate the court rules about costs is not considered to be an unfair term under the consumer rights act. As far as I can see, the unfair terms provisions simply refer to "a contract" between a trader on one hand and a consumer on the other hand. There is no definition on consumer which suggests that it has to be in terms of buying retail services in the usual way. It simply says that they are entering into a contract outside their normal trade or profession. Have you checked to see whether or not this aspect has been considered? Have you looked in the above case to see whether the issue of unfair terms was raised?
    • So they only sent you the NOSP/NTQ via email to date !   Its good you're seeing a solicitor who can answer all your question, keep us posted on CAG.
    • Thanks Brass.. got rid of Zoom as suggested..   dx100uk.. that's a great suggestion, but perhaps after I win this one we can go after his terminology    
    • pretty much par for the course then for a fleecing DCA that expects, as 99.9% of respondents do, wet themselves and cough up the instant a court form lands. they never expect a defence to be filed and simply don't bother to get their ducks in line.   so get each of these instances of missing paperwork together  list them. pop up on our enhanced google search box and type in claimform card default won or various other sentences and knock up a few words for each instance to relate to the sheriff during the CMD about how each is important within the consumer credit act and for the claimant to not hold them, under CCa rule xxx (for a DN its section 87) , its fatal to their claim.   dx  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Monument CCA -Help Please


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Hi Dave

 

The DN was requesting the arrears only.

 

There is a letter "pending account termination" post 37. The letter below reads like a notice of assignment but isn't headed up as such..i think it is.

 

 

scan0005-1.jpg

 

 

I 'll have a look at the Termination T&C when I am back from work hopefully that may reveal something.

 

Cheers

 

Squidward

 

Scales tipped

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EXACTLY the same as mine......transferred to Barclays and rather than go to court they wrote it off £4k..!!!!

 

Hi Dave,

 

This sentence makes me jump, I bank with these and am aware of 'offset rule', how did yours come to be with Barclays? I know they had connections previously.

 

The original card was with Providian.

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EXACTLY the same as mine......transferred to Barclays and rather than go to court they wrote it off £4k..!!!!

 

Hi Dave,

 

This sentence makes me jump, I bank with these and am aware of 'offset rule', how did yours come to be with Barclays? I know they had connections previously.

 

The original card was with Providian.

 

Hi...

 

yes mine was with Providian too....

 

it seems that when Monument was sold they split it.....one half to Barclays and the other half to Raphael bank or compucredit (the receivables part of it).

 

I think Barclays "cherry picked", and got what they thought was the better deal....(not in my case :) )

 

The advantage of course is that the original T&C's wont be available :) , and the "agreement" sucks in a big way.

 

I threatened barclays over a period of months and in the end they wrote it off......

 

yours is probably with Raphael bank......NOTHING to do with barclays.

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi Dotty

 

"off Set Rules" I haven't got a clue as I have never banked with Barclays or any division of them, I had a Barclaycard but that's about it.

 

Why does it make you jump am I missing some point here?

 

Regards

 

Squidward

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Hi Dotty

 

"off Set Rules" I haven't got a clue as I have never banked with Barclays or any division of them, I had a Barclaycard but that's about it.

 

Why does it make you jump am I missing some point here?

 

Regards

 

Squidward

 

Basically put.....with "offset" they can take money from any account from the same group to pay off any debt to that group.....so if you had a barclaycard and a barclays account, they could take money from your barclays account to pay off your card......without asking you !!!

 

BUT it ONLY applies to companies within the same banking group.

 

that is how I believe it works.

 

rgds

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Well in todays mail I received the agreement from "The Balance Transfer Program" offering the fantastic opportunity of signing a new CCA for an existing debt.:p

 

The Give away here is the address to send the New agreement is the same address as Monument 51 Saffron Road Leicester.

 

:p to the balance Transfer Program :p

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  • 1 month later...
Update

 

Didn't sign the balance transfer program offer!

 

Had absolutely no contact, no phone calls or letters or anything!

 

Anyone else found the same............am I home free!!!

 

Squidy

 

I'll tell you in five or six years if you have had no further contact :)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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  • 2 weeks later...
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  • 1 month later...

Sorry to hijack this post but I wanted to know if anyone actually got any money back from Monument (raphaels Bank) through creit card claims?

I've searched this forum and can't find anyhting on a successful claim from these people? Thanks

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Hi

 

Haven't done PPI claim so I can't speak with any authority

 

I would have a go and see what they offer and don't accept their first offer unless your happy with it!

 

Squidy

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  • 1 month later...

Hi all

 

Well had a couple of texts from a company called Circuit Financial Solutions asking me to get in touch - aquick google and these are a division of compucredit :eek:

 

CCA is just an application with stamped subject to approval - doesn't have the prescribed terms. haven't supplied T & C's from Providian ( the OC).

 

Defective DN Notice.

 

An a letter stating Legal action if I don't contact them :D hehe!

Edited by squidward
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Received a LBA letter before action from Circuit Financial Solutions saying if I don;t get in touch then they will start legal action !!

 

Now at the bottom of the letter states they're a Compucredit company which if I am correct is Monument.

 

I take it they will not need to send a Notice of Assignment as it the same company ?

 

SO they have No CCa only a short application with no prescribe terms and a Defective Default Notice....... and still in defaulf of the S78 request even though thay think they have.

 

 

What's next ?

 

Squidward

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  • 3 months later...

Hi well I haven't posted for a while so I thought I would update -

 

Circuit haven't received any money since august and have not been in contact either by Letter or phone - I have just checked my credit file and find the the debt has been marked " satisfied"

 

Is this it - l'm hoping so or is it the calm before the storm!

 

Squidward

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Hi Squidward,

 

Coincidentally, I checked my experien file yesterday and found exactly that on my monument account.

 

Not sure about the position of assignment if it's within the same company.

 

I am also getting letters from CFS but have so far ignored them

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Hi Dotty

 

I'm pretty sure the CFS are part of Compucredit so I think my Debt is still in house - which is why I find it strange that they can Default the creditor and move the debt to a different part of the organisation and then mark it as satisfied !! it's like saying "thanks for paying up"

 

Are they allowed to assign the debt to themselves?

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