Monument CCA

[zingy]

Received a letter & copy of CCA. Pretty confused as to if it is enforceable or not, as the conditions (supposedly) on the back of the reply card look a dodgy photocopy.

 

Could someone check over them (also received original T&Cs and current T&Cs for the account).

 

 

Thanks.

Monument CCA reply.pdf

[cerberusalert]

If the financial conditions are in fact the reverse of the signed document it would be enforceable.

[zingy]

Would you suggest continuing to pay it then?

[slick132]

Hi Zingy,

 

If there are no grounds to dispute it, you should continue to pay unless you cannot afford to do so.

 

Are there any unlawful penalty charges or mis-sold PPI on the a/c which you can reclaim.

 

[Dotty50]

Monument don't do PPI (according to them) it is disguised as Payment Break Plan!

[zingy]

Hi Zingy,

 

If there are no grounds to dispute it, you should continue to pay unless you cannot afford to do so.

 

Are there any unlawful penalty charges or mis-sold PPI on the a/c which you can reclaim.

 

Already done:wink:

 

I'll continue to pay them but see if they'll settle, in the end, to a 50% F&F.

 

 

Interesting, Dotty - I never knew that. But I think all of the different creditors seem call it something different on their statements, lol.

Edited July 9, 2010 by zingy

[zingy]

If the financial conditions are in fact the reverse of the signed document it would be enforceable.

 

 

Hmmm.... well, I've had a look at these two (the reply card and what they say was on the back of it), and I don't believe them to be of the same document. I've put them next to each other and measured the width and height of both and it doesn't seem as though they could have been part of the same document.

 

Is there anyway I could ask to view the original etc? And if not, what reply should I send?

[slick132]

Hi Zingy,

 

The trouble is that, even if you think the Prescribed Terms were not on the back of the document, BC will not agree the a/c is in dispute.

 

They'll continue with collection activity themselves and will use Mercers, Calders and others to pursue the debt.

 

Take a look at the "dispute" threads in any forum. Certainly here in the BC forum, a huge number of threads reach an impasse that can last for months and years.

 

If the a/c is not kept up to date, they'll trash your credit rating, register defaults, etc. The matter is very rarely resolved in court because BC don't use the courts often. And you taking BC to court is not an option since the ruling of Carey v HSBC last winter.

 

[zingy]

Thanks, Slick.

 

I understand what you're saying, but monument are already trashing my credit rating anyway by putting 'arrangement to pay' markers on it.

 

Think I'll keep up the monthly repayments, but try negotiating an F&F with them. The only thing I want to do is stop the AP markers on my file tbh as I have a 8 defaults on there already - so it's trashed for a good while anyhow.