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    • Hi Guys   I really could to with a bit of advice.   I have used the surname A (we will call it that to help with the explanation....lol) all my life. Name A is on everything i need my name for on a regular basis (my birth certificate, driving licence, bank accounts, utility bills, doctors....etc).   Now as a child my mum remarried and thought it a good idea in all her wisdom to ask the school to put a name B on my file.   So when it came time for my national insurance number came it had the name B on it.   Inland revenue said that there wasn’t a problem with this as long as i never try and do anything fraudulently (trying to obtain benefits in two names…etc) but later in life there was a few problems with ID not matching, so I spoke to a solicitor and they wrote me out a stator declaration stating that the person with the surname B and national insurance number is the same person as the person with name A.   This has always worked perfectly with any issues that arose up until I applied for a passport.   Now on to my actual problem….   I’ll try and keep this a bit shorted as the passport office has constantly messed things up and either contradicted themselves or apologised.     I applied for a first UK passport and as I’m English and fall within a certain age bracket all I had to send them was a form filled in by someone that has known me for a number of years. I sent this off and received a letter stating they needed more information and I needed to contact them. This then turned into the actual decision maker calling me back the following day.   She said that because I had put that I had been known by name B once that they would need to see that I have changed my name to name A.   After explaining the situation with her about name B and that there is nothing really that I can change as I only use name A, she requested that I send in my birth certificate so she could complete the application.   I sent this in and had a repeat letter from them saying they needed more information and I had to get the decision maker to call me back again.   This time she said she would need a stator declaration to explain the name. I said I have one of those (I actually forgot I had it until she requested it) but explained that it wasn’t a change of name and just explaining that the person with name A is the same person as name B. she asked me to read it out word for word to make sure it had the right heading…etc and said for me to send in the statutory declaration, driving licence a bank statement and a recent utility bill.   I sent this all in and guess what…… I get another letter saying they need more information.   So we go down the same route with a call back only this time she says she wants a letter from HMRC in the name A and a statutory declaration stating I have changed my name from name B to name A.   I reminded her about the situation with the names and explained that HMRC say there is not a problem with my name and that I would in effect be lying to a solicitor as im not changing my name to name A because its already name A.   She then completely changed her tone and started going on about me also needing to sit an interview…etc (that I expected anyway) and that if she was to give me a passport then there would be nothing stopping me from getting a passport in name B. I then said ok ill go ahead and have the passport in name B but she said a letter from HMRC is not enough to get a passport.     This has gone back and forth with different departments and I had to make a complaint (even that was a problem because I had normal representatives claiming to be from the complaints department so they didn’t actually open a complaint).     It’s got to the point now that I need to get the ombudsman to step in.   I had a consultation with solicitor that agreed that I’m completely in the right and said went down the lines of the fact that it’s not a legal requirement to have name A with HMRC and it can be presumed that I am going to do something fraudulently. And he likened it to a woman that has got married and can use her maiden name as well as her married name (there’s not one rule for one and one for another as this is discrimination).   I need to send something off to the ombudsman so I was wondering if there was some legal stuff I could quote?     Thanks for any help given and sorry for the long post….lol
    • The bigger arguments were   You need to stay in the UK to stay in the EU - and the UK would veto Scotlands entry - they cant now   Currency - you cant use the UKP - many arguments contrary to that and Scotalnd could easily choose dual currency - rather like the english and scottish fivers   Finance - For starters: * Kick the nuclear subs out and access the gas and oil and fish in those Scottish waters for a 10 year plus boom with no England interference and bleeding dry - as Scotland gets established in the EU * Fishing (in agreement with the EU and Norway etc was always more important to scotland and the tocks are moving North * Become the route from Ireland and the US to the EU - ask Dover etc how profitable that was *** Demand a full breakdown and legitimacy of the part of the UKs debt they might be expected to share - including the 100billion chumocracy payments .. if England dare ask   Hows that for starters?
    • They never included statements.  Just a list of each loan.  Date taken out and amount.
    • Hi.   As far as I can see, you haven't read any other private parking threads to understand how this works. If you don't mind my saying, you need to read more threads so you grasp the whole process.   HB
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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.
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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?

Anthrax alert at debt collectors caused by box of doughnuts

 

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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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