T v Monument - help please

[Trudianne]

Can anyone help ---- I had statements so wrote asking for £364 they had taken in charges.

Unfortunately I wrote (because I was too hasty to get going) the LBA not the Preliminary letter that I thought I was writing.

Monument have written back saying they are looking in to my "complaint" and will get back to me by 27 Sept.

Now, in my letter to them I gave them 14 days to give me my money back or I would take further action.

Should I wait until 27th or stick to the 14 days I gave them and start the next stage.......?

T:confused:

[victimnomore]

Normally, the advice on this site is always "Stick to YOUR timetable, not THEIRS".

 

However, in this case you might consider giving them the extra few days leeway, since you feel you "jumped the gun" a little with your LBA. You need to be able to stand up in court, if necessary, and be confident that you've been reasonable.

 

You might consider writing back saying that you "look forward to the results of their investigation" (or whatever) but warning them that if the matter is not fully resolved to your satisfaction by 27 Sept then it'll be a case of "further action without notice"

 

Does that sound reasonable?

[Trudianne]

Thank you for that....I thought I should give them a few days grace (only to show how reasonable I am!!) and I will do as you suggest and write to them.

 

I knew someone could help - this site it SO brilliant.

 

Thanks again.

 

T:)

[Welshman]

I don't know for sure but, after the 14 days given in the first letter expires, then the LBA gives them a further 14. That, from what I have learned from reading things on this site will satisfy a court that you have given them reasonable time to enter into a sincere dialogue and to settle the matter without resorting to legal action. So giving few days extra grace may not be sufficient.

 

The wording "entering sincere dialogue" seems to impact too. It's part of the wording in the first letter.

 

I would send the initial letter to be absolutely sure and begin the process properly. Perhaps if you PM a MOD with a link to this thread, they would be able to set you straight. Don't take my word for it though. It's quite feasable that the LBA alone will suffice.

[Trudianne]

Thanks for the reply.

 

I think I will write to them and leave it until the 27 Sept to see what they say then.

 

T:-)

[Trudianne]

OK so I got home from work and there was a letter from Monument offering £216 in full and final.....(they say half of the charges but I only claimed £364?!) and if I do not accept then the account will be closed and I will have to pay the balance off??

 

What shall I do???

[Welshman]

Hiya. There has been a directive which has advised banks that whilst the account is in dispute, that they should not close accounts or call in overdrafts. I don't know a thing about Monument though.

 

My suggestion to you is that you PM MOD this evening. Cut and paste this to them:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/29494-t-monument-help-please.html#post236411

 

and ask for their advice. Do you know how to contact a MOD?

[Trudianne]

Thanks for your reply - no I'm a bit useless and I don't know how to PM a MOD.

 

Any advice VERY gratefully received - they have given me 8 weeks (?!) to respond....

 

T;)

[Welshman]

I've contacted jonni2bad on your behalf. Probably be in touch before end of the evening.

 

Good Luck and keep posting.

[Trudianne]

Much appreciated, thank you for that - hopefully I will get the hang of this!!!

 

Thanks again - will let you know how I get on - hope all well with you

 

T:)

[jonni2bad]

Hi

 

I think the first thing you should do is to write to them and let them know that you formally dispute the amount that is owed. Make it clear that you are currently in the process of reclaiming £xxx and that this may be resolved by a court.

 

I'm afraid that account closure is always a risk - more with some than others - but if you are desparate to keep this account open, you might have to consider an immediate injunction via the courts. I'm not overly familiar with this process so you would have to contact BankFodder. As I understand it, there are many variables as to how likely that action would be to achieving your goal, i.e. the way the account has been run etc etc.

 

If you need to ask BankFodder for help click here Send a private message to BankFodder

 

Please copy and paste your thread link into the message if you know how - this bit...

http://www.consumeractiongroup.co.uk/forum/barclays-bank/29494-t-monument-help-please.html#post237756

 

and describe what has been threatened and that you'd like to fight it.

[Trudianne]

Hello

 

Thank you for your advice - all very gratefully received.

 

I'm not desperate to keep the account open in fact the sooner it is closed and paid off the better - just didn't want to have to stump up the £500.

 

Many thanks again.

 

T:)

[Mike220359]

Ask for the original agreement. If they do try to close the account it could put a spanner in the works, since no original agreement, no account to close!

 

Mike