Monument Credit Card.

[foolishgirl]

Blondie, you're in the wrong forum here for debt advice. Click the red triangle & ask a mod to move it & then you'll stand a better chance of getting your answers.

[foolishgirl]

It's OK - you have opened a new thread but not in the debt forum. Just ask a mod to move all these posts to the forum you want to post in.

[foolishgirl]

Well, it doesn't appear to include the prescribed terms but it's a bit small to read blondie. Could you use photobucket or similar to upload again please?

[foolishgirl]

Dates are ok as far as I can see (my birthdate is right cos I put it on there but as regard anything else, I@m not sure. Know I've had the card for a long time though)

 

I think lexis meant are the dates legit on the DN? i.e have they given you the correct statutory time limits to rectify the default & was it sent in the prescribed format?

 

If you want to post that up aswell (minus personal details) for further advice, please do so.

[foolishgirl]

Not sure what's happened here blondie - the links above in posts 17 & 19 take me to an image headed Cap1 & what appears to be a generic T&Cs for a credit agreement.

[foolishgirl]

I can now see the DN Blondie. The only thing I would question is the timing - see mak's post above.

 

However I can't see your agreement, only Cap1 T&Cs. Lexis seems to think there was a signature?

[foolishgirl]

You didn't by any chance, keep the envelope that the DN came in did you?

 

If so, keep that safely too

[foolishgirl]

Hi foolishgirl:)

 

Could be wrong, but the little piccie in post 10 is an application form, that's what I looked at - there's nothing of note in the other link as you rightly say; it's just a generic set of terms:)

 

Which one, the application or the terms? Either way it's a bit pants on their part:)

 

OK, got them both now lexis . As you say, pants!

I asked for a true copy of my cca, this is what they sent.

 

Under S77/78 blondie, they can in effect, send anything they like & claim they have fulfilled their statutory obligation by supplying a 'true' copy of the agreement. True does not mean exact. However if this is all they have, as Lexis says, they'll get nowhere with it.

 

Suggest you send them the following letter, amend to suit:

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

If you really want to know if they possess the original or an exact copy you could use CPR31 but there are caveats to this route- read this thread:http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html