Monument - advice needed

[sedgwick]

Hi

 

I don't know if I have posted this in the correct place but I am hoping for some advice!! I sent a request to monument for a copy of my credit agreement but received back a rapid reply card that was used to apply for the card. I then sent them a letter putting the account in dispute. I have today received a letter from monument saying ' Final Response' they state the investigation in to my complaint has been completed. They are saying that section 78 does not require them to provide me with an exact copy or photocopy of the agreement I signed. They then go on to say what section 78 does require them to do!! Then they say please allow me to take the opportunity to clarify how this agreement came into affect.

'You may recall having completed an application form to accept, confirm you have read and agreed to be bound by the agreement's financial and related terms occompanied together with the full terms and conditions. Upon receipt of your app form & successful acceptance by the business of your application for a monument visa card, you were issued with a further copy of the agreements' terms and conditions along with a visa card and pin. Dependent upon subsequent card usage, statements would normally have been issued to you on a monthly basis along with any associated notice of variation should the terms and conditions of the agreement have been amended since the application.

 

Then they say there is no dispute and if I don't pay they will refer me to their legal dept!!

 

Any advice would be appreciated!!

 

Thanks

[cymruambyth]

Hi welcome to CAG. You need to post your own thread and thern you will get lots of advice. To start your own thread follow this link and there is a tab about half way down the page on the left Debt Collection Industry - The Consumer Forums.

My thread http://www.consumeractiongroup.co.uk/forum/legal-issues/153641-monument-cabot-14.html is long but will give you an idea of what to expect. There is also an excellent thread by Scabhunter to help people deal with Cabot. Good luck and post any questions you may have. You may not get an instant reply but you will receive help.

[sedgwick]

Hi

 

I don't know if I have posted this in the correct place but I am hoping for some advice!! I sent a request to monument for a copy of my credit agreement but received back a rapid reply card that was used to apply for the card. I then sent them a letter putting the account in dispute. I have today received a letter from monument saying ' Final Response' they state the investigation in to my complaint has been completed. They are saying that section 78 does not require them to provide me with an exact copy or photocopy of the agreement I signed. They then go on to say what section 78 does require them to do!! Then they say please allow me to take the opportunity to clarify how this agreement came into affect.

'You may recall having completed an application form to accept, confirm you have read and agreed to be bound by the agreement's financial and related terms occompanied together with the full terms and conditions. Upon receipt of your app form & successful acceptance by the business of your application for a monument visa card, you were issued with a further copy of the agreements' terms and conditions along with a visa card and pin. Dependent upon subsequent card usage, statements would normally have been issued to you on a monthly basis along with any associated notice of variation should the terms and conditions of the agreement have been amended since the application.

 

Then they say there is no dispute and if I don't pay they will refer me to their legal dept!!

 

Any advice would be appreciated!!

 

Thanks

[dx100uk]

http://news.bbc.co.uk/1/hi/business/8393768.stm

 

and a bit of history on the debt please.

 

dx

[sedgwick]

The balance on the account is £3317.99 .. and up to date. The rapid reply card is dated the 12/01/2005. Monument closed the account due to a review of their lending policy, and with particular consideration to the economic climate made the desision to close the account and gave 30 days notice.

 

thanks

[dx100uk]

ok so what are you trying to achieve by cca'ing them?

 

dx

[angel_1]

hiya sedgwick

 

welcome to cag and to my journey on this thread

 

by the way - thanks cymruambyth for helping out and letting sedgwick know how to start their own thread fab help thanks

 

we can and others will also look at your thread and offer help along the way but you need to keep posting up as you get stuff so the right advice can be given at each stage but dont worry we can help as we have been or are still in the same boat

 

take care and i will look up your thread and keep positive

 

laters all angel x

[sedgwick]

I am trying to find out if they have a proper agreement or just this rapid reply card ... also can they use this rapid reply card to enforce debt!! I have sent a dispute letter but they have come back with the application form that was signed is good enough!!

 

just wanted to know what to do next!!

 

thanks

[Huff&Puff]

Do nothing. You have put the alleged debt into dispute, and irrespective of what the muppets write, they know full well that a rapid reply card is not an enforceable agreement. Playing letter ping-pong is pointless, so just ignore them unless they do come up with a valid agreement (which would be a first for Monument).

[noogie]

Monument sold all accounts to Barclays and their heading is Monument trading as Barclays. Theymay not have an agreement to send you and if this is so then no enforcable agreement.Keep sending the templates at the required intervals then if still no respose either send for Subject access report or the section 10 data protection to stop processing your details

Hope this helps.

[sedgwick]

thanks for all the advice .. think I will send for subject access report .. just to make sure ... then if still nothing valid .. then I will feel happier!! will let you know how I get on!!

[cymruambyth]

Hi, just towarn you, I have only had a reply card and it took a year but they have taken me to court. I'm battling hard and optomistic, but dependant on the judge lottery.

Keep all your envelopes and date when you receive them.

Also never speak to them on the phone

[sedgwick]

thanks for the advice ... maybe a silly question but whay do you need to keep all the envelopes etc!! I hope you get on ok ... can't believe they are taking you to court and they only have a reply card. I haven't defaulted yet .. so going to get as much info as possible ... keep us posted on your case .. best of luck!!

[cymruambyth]

Keep envelopes in case there is a query over dates, eg if a letter is posted 1-12-09 and you don't receive it until 14-12-09 it could have a bearing on the case and your response. So keep envelpoes and date when you receive them for your own records.

[sedgwick]

makes sense ... thanks for advice!!

[noogie]

A little tip

I have many creditors that I am fighting. I keep each account correspondence in a seperate file and a book indexed. When I receive a letter the entry goes in the book so easy reference. You can look up quickly what youve written and when. If you go to court it is so much easier for refernce