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    • ok thank you.   please don't take the questions i am asking as a bit naff and p'haps could be viewed as pointless , but i am simply gathering what information might be needed when obviously more the knowledgeable members appear in the morning. more of an info gathering stage at present.   you indicate mediation, so my last question is how far 'in' are you regarding the court claim she has made, at what stage and have you appointed a solicitor yet as you indicate a worry about costs...i hope not as there might not be a need too,   you would gander your costs against the claimant, but is this a small claims county court claim? , in the family section or whatever its called?
    • Yes I am the executor and the estate has been settled.     She has made a statement with a solicitor and wants mediation.   But there is no basis for a claim as we have evidence that she wasn’t cohabiting, was living with another man as his ‘carer’ and was not dependent yet her solicitor still supports her claim against 1975 act.     Seems unfair, will we be allowed to claim our costs back for example?    we feel we are being dragged through litigation without any basis for it. 
    • sorry for your loss..it can be a difficult time this might be a wee bit outside of advice that can be effectively given on a forum.   what type of legal claim has been raised please? where in the probate etc process are things currently or has the estate of your late father already been settled ? i was guess you are an executor of the estate too? 
    • A girlfriend, she claims to be a dependent and to have been living with him. Both false claims. She has large properties in Thailand and london which she put in her sons name after my fathers death.      
    • hi you'll have to slightly expand on what is behind your query..   who's estate? who is this person in relation to the person who owns the estate and why do they think they have a 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.
       
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Monument Credit Card.


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Further to my previous posts, I have more queries regarding this joke of a credit card company. I have requested 3 times now a copy of my CCA. They have sent me a photocopy which is not a full agreement and they say they do not have to. They have also closed my account and are threatening either court action or a dca. Also on the statement I received during the week, I notice they have added interest. The letter I received saying my account was now closed was dated 17/04/09, yet also on the 17th they addes £19.05 interest to my account!! Is this legal? Surely if an account is closed they cannot add interest? What do I do next? I have applied for a D R O and am awaiting the outcome but I dont know how long this takes.:confused:

The man of my dreams is where he wants to be. If he wanted me, he'd be here ... :eek:

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Through no fault of my own, I got into serious financial difficulties at the beginner of the year. I wrote to all my creditors advising them of this, but one in particular, Monument Credit card, has excelled itself in the field of harassment.

I have sent them a complete run down of my incomings.outgoing (as requested) a list of my creditors and amounts (as requested) offered a token payment every month (declined) I have also sent them the 'do not harass me by phone calls letter' (ignored) 3 requests for my CCA. I got a letter back which was a photocopy of my application form (nothing sign by them) I have told them my account is in dispute because of this (ignored, they continue to phone up to 5 times a day asking me to 'bring my account up to date' even though they closed it last month. I am making token payments of £5 a month, which they say is not enough, yet still accept!!! Pay Plan has also written to them advising them that as my debts are quite large, and my income small, they cannot arrange a debt management plan for me. They asked that they freeze charges for the time being. (totally ignored, yet one of their call handlers told me if I sent them a letter from PayPlan explaining things, they would have to accept it) What do I do next? I have contacted Trading Standards (useless) OFT (say they cant help) and FSA (no reply) Since Mar 18 there have been over 80 calls from them. I have answered 2.

The man of my dreams is where he wants to be. If he wanted me, he'd be here ... :eek:

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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. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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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.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi, blondie46.

 

I'll move this thread to the DCA Forum.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Hi there:)

 

With the phone calls, my own personal experience is that if you ignore them they tend to get worse. I'm not for a minute saying get into a conversation with them, or even go through security, but for us it worked to just repeat parrot fashion;

 

'I do not discuss financial matters over the phone. Everything must be in writing, and you have been told this. I'm going to hang up now, goodbye'

 

For some we did this but had to combine it with letters complaining about them ignoring the previous letters, while others realised phoning was a waste of their time pretty quickly.

 

It's probably worth a go anyway, as it's no worse than that tension that immediately hits every time the phone rings and you don't know who it is. If you can change your tack and tell them to bugger off (so to speak) rather than trying to ignore the phone, you may well find you're a lot more stress free from that point of view.

 

It may also be worth your while writing to someone with a bit of oomph there rather than their standard complaint dept. Try the CEO or similar, explaining the harassment and including a copy of the letters you've sent that have been ignored. That may get you a better response?

 

If you do decide to answer the phone to them, either get a cheap recorder or at the very least tell them you are recording the call - that normally makes them behave a little more politely for a while! I must re-iterate though, if you do talk to them make sure it's short and sweet. Don't go through security and just repeat 'in writing only' every time.

 

Have you tried SAR'ing them for the agreement? It's a bit harder for them to ignore that than a CCA.

 

With the lower payment, I've had exactly the same with OH's MBNA account. After asking several times for them to agree to a plan without success, I wrote and told them I had no choice but to lower the amounts. They did continue to add charges and interest until I wrote a letter that included this paragraph

 

Further to my letter dated 21st July 2008 (received by you on the 23rd July 2008), I have still not received anything in writing regarding the reduced payment plan that I have been trying to set up. I have though received statements showing interest and charges being added, despite the fact I wrote to you regarding my current severe financial problems back in June. I am not sure what is to be achieved by penalising me in this way, other than increasing the debt owed to your company.

 

For whatever reason it seemed to spur them on to drop the charges and interest (possibly they realised should this reach litigation or if I complained to the right people they'd look rather poor if they continued?) Maybe it would work for you if you include something similar in another letter?

 

They still didn't accept the reduced payment offer though (although like you they didn't refuse the money) and we did end up with the account being sold on:rolleyes: At least the interest etc had been stopped though.

 

I did this because the form they sent appeared to be enforceable - I may have changed my approach if it wasn't.

 

Can you scan the form they sent (removing all personal info) and post it up? I probably won't be able to tell you anything from it but there's many who can!

 

That's all I can think of for now.

 

Keep your chin up, and remember there's a lot of support on here when you need it.

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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Yes, but also I've just realised that you've said the account was closed but haven't mentioned anything about a default notice? Or am I just going word blind?

 

If they terminated the account without sending one they're in a bit of a pickle.

Time flies like an arrow...

Fruit flies like a banana.

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Yeah, they have sent the default notice. Attched is what they sent me in reply to my request for a CCA.

 

 

 

 

 

blanked out cca from mon.jpg

The man of my dreams is where he wants to be. If he wanted me, he'd be here ... :eek:

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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?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Can you send me the link to photo bucket please? Dates are ok as far as I can see (my birthdate is right cos I put it on there but as regard anything else, [email protected] not sure. Know I've had the card for a long time though)

The man of my dreams is where he wants to be. If he wanted me, he'd be here ... :eek:

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Dates are ok as far as I can see (my birthdate is right cos I put it on there but as regard anything else, [email protected] 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.

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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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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.

Oh, I dont know about that! I just read default notice and that was that :(

The man of my dreams is where he wants to be. If he wanted me, he'd be here ... :eek:

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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.

 

Yep, I did:) I was in a rush and didn't post a full sentence, sorry about that!

 

AFAIK, if that's all they've sent for the CCA they're falling pretty short of the mark. They'd need to have also sent historic and current terms to have complied, but as it stands they a) haven't complied and b) haven't sent you an enforceable agreement from what I can see. I'm sure I'll be corrected soon enough if that's off the mark, but it looks pretty rough to me.

 

It's a good start at least, as they haven't sent you a generic blank document but an application with your signature. I hate it when you get the blank one as they could have anything stashed away and just couldn't be bothered to find it. I always feel when they send one with your sig it's in the hope you'll assume they're all legal and legit. Of course they may have something up their sleeve, but I would be happier to recieve this than the alternative as I reckon it means it's less likely they have an actual agreement.

 

My thinking behind that is that it's unlikely you'd have been asked to sign two seperate documents (at least it's not something I can ever remember having to do?!), so if they send you something like this it is (with any luck) the only thing they have.

 

If you can afford the time/cash, my next step tends to be to get an SAR out specifically requesting copies of signed original contracts and see if that throws up anything else so I can be more confident of my footing. Other people would however just tell them to bugger off at this point, which is also be a valid way to go (although in my opinion more risky) - it's a personal choice really.

 

If you can get the default notice posted too then the dates/form etc can be checked as foolishgirl mentioned. If they have messed up on that it's another nail in the coffin for them:)

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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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. :confused:

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Oh sorry, not very good at this am I ??

 

 

 

This was the one I meant to post. It is the default notice from Monument. Sorry for the mix up, I'll get me head around this one of these days

Edited by blondie46

The man of my dreams is where he wants to be. If he wanted me, he'd be here ... :eek:

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Blondie, youve left your acc number on,

remove it before prying eyes identify you and your intentions ;)

 

What date was the dn issued, and when was it received,?

 

Mak

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Was there another date on this letter other than the one you were expected to settle by?

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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? :confused:

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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