Monument sent copy of Reply Card

[thepopman]

Joining the many fellow challengers I have sent of my Requests to the card Co's

 

I have just recieved the following back from Monument

 

please have a look and confirm what is possible, I belive if I understand things right that this is a reply card and not an agreement so not an executed contract.

 

they have also enclosed some T/C's which i think relate to 2007 as the ref code on the bottom is BN17 05/07 and all the default charges are £12.00

 

please take a look and advice on next step would be greatfully recieved.

App form .pdf.pdf

Monument Reply1.pdf.pdf

[steven4064]

One thing that people don't understand is that they are required to send a "true copy " of the agreement in response to a request under s78 of the CCA 1974. However, the concept of "true copy" dates back to the days when copies were made with quill pens on parchment - there is no requirment for an exact copy, just the terms and conditions of the agreement. Under the regulations, a "true copy" doesn't have to have a signature on it. So companies like this usually comply with a s78 request by sending a photocopy of application forms and recent T&Cs.

 

So, in your case, they probably havn't complied with s78 as they have not sent anything with T&Cs on.

 

Even so, something that is a "true copy" is not necessarily enforceable. In your case, the 'agreement' has none of the prescribed terms on it, so it is unenforceable.

[ANDREAMOUR]

Hi tpm

 

I have a similar cca to yours.

If you check out my link you maybe able to pick out some pointers that i have had from the team on here....

Good luck

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182489-please-check-out-my.html

[thepopman]

Thanks for that,

 

Good reading!

 

So were are you now with the DCA? have they pushed you further?

not that I am bothered as I believe with the many brains in here we can beat the button pushers that send these letters.

 

for years we have suffered, the goverment has tryed to stop the loan sharks and these companies have taken there place.

 

but like all fish they get caught (the big ones take a little longer)

 

please keep me informed on you results.

 

TPM