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    • Did you take screenshots or anything of the descriptions that you gave? Do you have any evidence to support you say? In any event, you paid for the insurance, you declared the parts having given the descriptions and they accepted it all on that basis. You have begun the claim procedure yet so I suggest that you do so. We'll see what happens. In any event, it could be said that the various sections are contradictory. Parts relating to vehicles are containing three separate sections and it is relatively difficult to discern which section a particular part should come into. Section 69 of the consumer rights act relates to ambiguities and basically says that an ambiguity must be interpreted in favour of the consumer.  
    • I have booked a Hotel/Flights Package with the above paying a 10% deposit with the balance due a month before travel next August.   On looking at Cancellation Charges they virtually say 100% 84 days out plus.   According to the Package Travel and Linked Travel Arrangements regulations 2018 - termination fees have to be "Reasonable and Justifiable"   I find it hard to comprehend how last minutes charges could fall into the above description.   For example the hotel is available on Booking.com for our dates with no pre-payment and free cancellation up to the day before arrival.   I'm not sure of their arrangement with BA but the tickets we reserved have doubled in price in the last week and could easily be resold.   I can't find any anecdotal evidence or Court Cases relating to them trying to collect Cancellation Charges from people who have not already paid the full balance and cancel. If I were to cancel 8 months out is it likely they would pursue me for the remaining balance.    
    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
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Richy B

Monument Hassle

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Hi, i have been reading threads in these forums for a while and find most very interesting and the advice extremely helpful.

 

I have a senario and i'm hoping you may be able to help? My other half has a debt management plan with various credit cards included, one of which is Monument. When joining the debt management company they took their usual first payment set up fee meaning all creditors weren't paid for that month. The debt management company managed to get arrangements in place with all of my partners creditors but... Monument like to see 3 payments reach them on time before they clear the arrears into the balance. One of the payments reached them a little after the due date and they marked this as arrears on the account. Because of this my partner gets calls every other day from Monument chasing this 'late payment' even though her debt management company has an arrangement in place with them.

 

She has spoken to her debt management company who have called Monument and tried to put a stop to the calls but Monument are having none of it! Unless the late payment of £36 is paid up they will not stop calling! Their is no way my partner could afford that on top of what she is paying out each month and my situation is pretty simular.

 

How will my missus be able to put a stop to these calls?

 

Any help will be greatly appreciated.

 

Thanks in advance

 

Richy B

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one way is to manage the payments yourself, you dont need to use a debt management compnayfor all of your creditors or any of them

 

agree the amount to be paid to momument and the date and interest frozen then pay them seperatly and take them out of the plan.

 

or if there are only a few creditors come out of the plan and save the 17.5% by paying them yourself.

 

if your paying over £250 a month and have over £15k and more than three creditors look at a IVA

 

cheers James

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You could also send Monument a telephone harrassment letter and in addition advise them that a third party is dealing with your financial affairs and to direct all matters to them in the first instance.

 

Regards


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Have you had a notice of assignment and had sight of the CCA for this account?

Edited by exasperated

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You could also send Monument a telephone harrassment letter and in addition advise them that a third party is dealing with your financial affairs and to direct all matters to them in the first instance.

 

Regards

 

Hi thanks for your reply.

 

Do you know where i could obtain a template letter for telephone harrassment or should i write one, i wouldn't know where to start so i would need some ideas if possible?

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Have you had a notice of assignment and had sight of the CCA for this account?

 

No notice of County Court Action and as far as I am aware they don't intend too...

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Have a look through some of these template letters

The Consumer Forums - Debt collectors

and

The Consumer Forums - Harassment

for the telephone harrassment letter

 

regards


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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you may also want to add that you will report them to the OFT regarding their unfair practices:

 

refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent advice centres or money

advisers

ida x


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No notice of County Court Action and as far as I am aware they don't intend too...

Notice of assignment is when an original creditor sells on the debt to a third party. The cca is the agreement you signed for the credit card originally. This is important as you need to request this if you have not had a copy enclosing a £1 postal order.

Let me know if you do not have the template to do this and I will post it on here for you

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Thanks everyone for all you help, I'm going to try the template letter for telephone harrassment to start with and if that doesn't work i'll come back to you :).

 

Thanks again

 

Richy B

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