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Monument CCA Help pls


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Please would someone have a look at this agreement that Monument have sent me

 

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This is all they have sent me, could someone please tell me, if this agreement is right:? Thank you(sorry it is a long agreement, uploaded all the pages and my signature is not

on it at all)

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In that case what would you please suggest, what sort of a letter would be best to send back to monument, please advice me, as I do not want to make a mistake

 

Thank you

 

Depends. How did you get here and what are your objectives? e.g. Have they taken action against you? Was it a S77/78 request? Are you in arrears?

 

More information will be needed for anyone can give you pointers...

 

uteb

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I have fallen behind on payments, and they have been treating to take court action, I have also refused to talk to them on the phone, as I did not want to agree to any payment plan, unless it was on paper, but then Monument, informed me over the phone that my account as been closed and sold on to Raphael & Sons. and they would take me to court for no payment.

 

I do not want to go to court and this is the reason I am here for help

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If they sent you the above T and C's in response to a section 77/78 CCA request I would send them this.

 

Try not to speak to them on the telephone if they do get persistent then send them the telephone harassment letter from the templates.

 

 

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a copy of the terms & conditions which do not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

 

Yours,

Print name do not sign

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Just my opinion, but I think you're not going to resolve this without going to court or at least action being taken and using CPR.

 

They could argue what they sent you meets the requirements of s77/78, that is unless, of course, they have stated this *is* the executed agreement.

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