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might be batting up the wrong tree

 

can some one confirm

 

does monument infact exsist any more

 

i thought barclaycard took them over

 

its just out of interest

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might be batting up the wrong tree

 

can some one confirm

 

does monument infact exsist any more

 

i thought barclaycard took them over

 

its just out of interest

 

See; Barclays sells credit card unit Monument | Reuters

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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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:

This is all CAP 1 sent me when I requested a CCA.

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

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might be batting up the wrong tree

 

can some one confirm

 

does monument infact exsist any more

 

i thought barclaycard took them over

 

its just out of interest[/quote

 

 

Monument started out as Providian, then became Monument. I only found out they belonged to the Barclay group when a nice lady at Pay Plan informed me. If they have been taken over by Barclays, no one told me!

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

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On the notice itself it should state the date it was sent as well as the date you had to rectify the default by. They have to give you a clear 14 days to rectify the default from the date it was served on you. If you received it by post there should have been extra days added to allow for the post. That's why we've asked whether there is another date on the notice.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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I'll quote from your PM

Received a letter from them dated 20th march. This was a Final Notice pending account closure, and it had the default notice with it saying I had till 3rd Ap to bring it up to date.

 

Not only has it been improperly served because they only allowed you 14 days to rectify the default without taking into account the postal service, but the DN should have been dated when sent.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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All you have to do now is wait until they close the a/c & they're stuffed.

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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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In that case all they can pursue you for is the amount of the arrears up until the date of the default. With the DN being faulty; now that they've closed your account they have in effect written off the remaining balance, albeit unknowingly. :)

 

All you need to do now is let the fun begin with whichever DCA they sell the debt on to. As soon as they start their antics send the CCA request to see whether there's an enforceable agreement in place. If there isn't you won't have to repay anything, if there is you will only be liable for the arrears.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Make sure you keep the letter & DN safe for use later if need be.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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

 

If so, keep that safely too ;)

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 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:

 

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:)

Edited by lexis200

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No I didnt. Always recycle my envelopes :(

 

Hey blondie

 

You'll see this dotted round the site, but always keep envelopes from creditors/DCA's, and date both letters and envelopes.

 

There are two reasons for the above.

1) Although you can't prove the letter have came in the envelope you have, if you end up with a string of them from one company you can show a pattern of how they send mail. One envelope doesn't prove much, 3,4,5 etc will show that they (for instance) always send them second class in a brown window envelope, using TNT. This is important for things like default notices as you could potentially prove that it was dated the 1st and gave to the 15th to remedy, but sent 2nd class TNT post and so would likely have arrived on the 5th, making the DN ineffective. It just gives more weight to any arguments you have.

 

2) If you date everything when it arrives, it will also start to show a pattern. Again not proof as such, but it all helps. We have found that complaints and queries are generally pretty quick to arrive. They seem to be dated and sent in a short space of time, and arrive pretty promptly. Demands for payment however (you know, the 'YOU HAVE A WEEK YESTERDAY TO PAY OR WE'LL BE REMOVING ALL THE BUTTONS FROM YOUR TROUSERS. CALL US WITHIN 8 SECONDS OF THE DATE ON THIS LETTER TO AVOID THE SKY FALLING IN ON YOU' ones) tend to take a hell of a long time to arrive, going by the date on the letter, which of course is aimed at inducing panic in the recipient and getting that all important phone call. It all helps to show their working/threat methods.

 

Good news on the DN there, sounds like they've kinda hung themselves with that one:)

Time flies like an arrow...

Fruit flies like a banana.

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

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Fruit flies like a banana.

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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

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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Will do this as soon as I get some new ink cartridges for my printer!!! Thanks

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

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