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    • Thanks dx. No, there's no reference number in the writ itself.    Who are the pursuers:   Erudio Student Loans Limited, a company incorporated under the Companies Acts and having its registered office at c/o Wilmington Trust SP Services (London) Limited. Third Floor. 1 King's Arms Yard, London EC2R 7AF   Who Are the Solicitors:   Shoosmiths LLP   What is the writ for –   Preceding the Condescendence and Pleas In Law sections provided in post 1, there's the following text: The pursuers crave the Court to grant decree against the defender for payment to the pursuers of the sum of AMOUNT together with expenses   what date was this served on you:- 17th July   what date is within the COURT STAMP: 19th JUNE (not July as entered in post 1)   What Is the claim for: Student Loan   Is the debt showing on your credit reference files - I don't know but can find out   When did you enter into the original agreement before or after 2007? -  Before 2007;  first loan has a 1998 account number   Were you aware the account had been sold/assigned – did you receive a Notice of Assignment? Yes I believe so   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes   When was your last payment:-  I believe I made at least one payment in late 2015 after having been late in submitting deferment forms that year   Why did you cease payments:- I only made payments to cover a couple of months' payments which were due because of my deferment had been submitted late. I stopped once those payments had been covered   Was there a dispute with the original creditor that remains unresolved?  No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No    
    • I emigrated to australia permanently about a year and a half ago, but still have an overdraft of 2500 pounds with a bank in the UK. I am struggling to pay it off, and am being charged 1.75 a day for the overdraft. I have not informed the bank that I have moved to Australia.   Im wondering what is the best course of action. I do not intend to return to the UK and have no assets or family over there. I rang up a call centre for the bank and informed them of my situation and they suggested i ring the branch and speak to them. I intend to pay the debt off, but am not in a position to do so right now, and was hoping the bank might put a hold on the charges, whilst I can get the finances to pay them off.   alternatively, what would happen if I did not pay this debt off
    • is the property jointly owned and the all the CO's/debts are in your sole name?  
    • Oh dear I didn't know that about Word - thanks for the tip. I would be grateful for any other comments re the text. Thanks for getting me to this point. I now have a huge amount of info to plough thru to prepare for the next stage. Is there any guidance as to what happens next and how long that takes, or will that be made clear once the basic defence has been submitted? I haven't been able to find a clear explanation of the procedure anywhere.   
    • I have been tearing my hair out searching for information on the web. Finally (!!!) I came across this huge and exceptionally promising looking site. I learnt a while ago that some Agreements for credit cards under the CCA 1974 are unenforceable.   To cut a long story short, as they say, I am attempting to draw out funds from the equity in our property in order to secure natural treatments for my dear beloved wife. (The NHS have genuinely done all that they could, but their funds being limited, there isn't any hope that they can do any more). There are a myriad of Natural (proven) cures for my beloved wife.   Alas,  I discovered that there are three credit card charges on my property, going back many years. These cards were all started in the 1980's and early 1990's, and were all under the CCA 1974.   I offer my sincere apologies that I have not read through enough of the threads on this site, to be able to find the answer which  I am seeking. I am desperate to get things moving in order to get the funds for the treatment. I fear I might already have confused folk here.   So here goes:   Is there a quick-ish way to get the charges removed from my property, which were placed there after Court hearings at which I was 'advised' to just agree, as I was unable to repay, many years ago.   I read on another website that a form AP1 should be sent to the Land Registry, detailing that the Agreement is unenforceable so the charges should be removed. That sounded too simplistic so I moved on.   Naturally, I will be enormously grateful for any suggestions or guidance on this matter. I accept that I may have rambled on a bit, but folks, I   am frantically attempting to find a solution to remove the charges so that I can quickly utilise those funds to get treatment for my dear wife. Perhaps the answer is already here somewhere. If so, I would be grateful for anyone pointing me in that direction.   Thank you.
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squidward

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

Edited by squidward

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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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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

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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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Still nothing in the post and no telephone calls - surprisingly quiet on the Monument front!!

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update

 

Still all quiet - no contact what so ever!!:)

 

Squidward

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Calling me everyday! Not that I speak to them. :)

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update for May

 

Still all quiet - no contact what so ever!!:-)

 

Squidward

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Hi Squidward,

 

Still getting the odd calls but not every day now.

 

Must get to work on PPI claim and respond to their pittance of an offer!

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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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They have offered me some but I am not accepting it as it is not enough

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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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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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Anyboby heard anything from Circuit Financial Solutions ?

 

Or should I just Ignore them?

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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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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?

Edited by squidward

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I've no idea Squidward,

 

Hopefully someone will come along a tell us!

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