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Monument CCA.. Is this enforcable?????


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I recent requested a CCA from Monument. They have sent me what looks like an application form and an attached terms of agreement and said that it is ENFORCABLE.

 

They sent me a letter stating it is according to section 78 of the Comsumer Cretit Act 1974. They said that they sent me a copy of a reply card, which I completed on applying for the card and an up to date Term and Conditioions document submitted that they say relect the agreement but which has been amended. They also said a copy of Credit Agreements was given to me at the time of marketing solicitation and at the time the credit card was issued. They did not enclose that agreement they claim I recieved at marketing solicitation. They also said in the final paragraph that the agreement is enforceable and there can be no dispute. See letter below

 

Attachments

 

Letter

[ATTACH]11730[/ATTACH]

 

[ATTACH]11731[/ATTACH]

 

Alleged CCA ( Which is a reply card/ application form)

[ATTACH]11732[/ATTACH]

 

Attached Terms and Conditions

New Terms  Conditions.jpg

 

Please give me some advice so I can respond to Monument.

 

Cheers

Edited by 1273
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I recent requested a CCA from Monument. They have sent me what looks like an application form and an attached terms of agreement and said that it is ENFORCABLE.

 

Please see attahed

 

Alleged CCA ( Which is an application form)

[ATTACH]11682[/ATTACH]

Letter from Monument

[ATTACH]11683[/ATTACH]

Attached Terms and Conditions

[ATTACH]11684[/ATTACH]

 

 

Please give me some advice so I can respond to Monument.

 

Cheers

 

You could possibly send a letter something like this:

 

 

Dear xxxxxx

 

Thank you for your letter dated 12 August 2009.

 

I note that, although I did not request it, you have kindly provided me with a copy of my application (in the form of an unexecuted agreement) for a credit card, for which I thank you. I would be grateful if, in addition to the copy of the application in the form of an unexecuted agreement you have provided to me, you would also give me a copy of the executed agreement relating to this account and of any other document referred to in it, as provided for by Section 78 of the Consumer Credit Act 1974.

 

I also note that you have kindly provided me with a copy of a modifying agreement incorporating my Credit Card Terms & Conditions as varied by Monument under S82 of the Consumer Credit Act 1974.

I am pleased to note your confirmation that a copy of the original Credit Card terms & Conditions were provided to me at the same time that my credit card was issued, therefore I would be grateful if Monument would provide me with a copy of that document, to which the modifying agreement you have sent to me relates, as provided for by S78 of the Act, and as also provided for by S7 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

Yours faithfully

Edited by toymaker1
typo
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I recent requested a CCA from Monument. They have sent me what looks like an application form and an attached terms of agreement and said that it is ENFORCABLE.

 

Please see attahed

 

Alleged CCA ( Which is an application form)

[ATTACH]11682[/ATTACH]

 

Attached Terms and Conditions

[ATTACH]11684[/ATTACH]

 

 

Please give me some advice so I can respond to Monument.

 

Cheers

Dude, ive removed a letter as it had your personal details left on it

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Please can you post a larger scan of the form as it's rather small.

 

Thanks.

 

Meanwhile, have a close look at these links which may help you decide on the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Can a Credit Card Application containing Key Financial Information (interest rates etc, loss and theft of card and genral information about missing payments and default charges be said to be an Consumer Credit Agreement. It also says 'once you have signed this agreement, you will have a short time to cancel it. We will send you the exact details of how and when you can do this.'

There is no credit amount or credit limit. At the end it below my signature it says By signing this you authorise us when considering YOUR APPLICATION to gain additional relevant information, credit references, electoral role etc

My signature is on the application form, and a section where they initial they recieved my proof of ID, not actually signing the agreement.

 

It also has - we will tell you your credit limit when you first revieve your card.

 

My question is can an application for a credit card, be used as a enforcable CCA??

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Can a Credit Card Application containing Key Financial Information (interest rates etc, loss and theft of card and genral information about missing payments and default charges be said to be an Consumer Credit Agreement. It also says 'once you have signed this agreement, you will have a short time to cancel it. We will send you the exact details of how and when you can do this.'

There is no credit amount or credit limit. At the end it below my signature it says By signing this you authorise us when considering YOUR APPLICATION to gain additional relevant information, credit references, electoral role etc

 

My signature is on the application form, and a section where they initial they recieved my proof of ID, not actually signing the agreement.

 

It also has - we will tell you your credit limit when you first revieve your card.

 

My question is can an application for a credit card, be used as a enforcable CCA??

 

sorry to be rude but would you be so kind as to start your own thread regarding your issues as my thread is already complicated enough without other peoples issues being added. it would probably pay you to post a scan of the cca ( on your own thread of course ).

 

thanks

Edited by hunterandthehunted

regards

hunterandthehunted

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Please can you post a larger scan of the form as it's rather small.

 

Thanks.

 

Meanwhile, have a close look at these links which may help you decide on the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

 

 

Consumer Credit Agreements

 

1273, the document is still a bit blurry. Have a look at the link given by supasnooper and see if all the prescribed terms are in your document. :)

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Hi 1273,

 

I've merged 3 threads so your case is now in the Barclaycard forum as BC run Monument a/c's now. Please only use one thread per topic so your questions and replies stay in the one place. :)

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