2002 monument credit card

[spidey41]

account was taken out in 2002 / for a monument credit card ,

last payment was 2004 , account was defaulted in 2004 , the letter was sent in 2007 .

 

there is no proper agreement for the account only a pityful reply card ,

and cabot are refusing to send a copy of the original default notice and account termination letter .

 

cabot are saying it is not statute barred

because i sent this letter are they correct

 

spidey.pdf

Edited May 16, 2011 by dx100uk

[UnitedFront]

Ok. we need a bit more information. Namely:

 

1) How old is this account?

2) What is this account?

3) When was the last payment on this account?

4) When was the account defaulted?

5) When did you send that letter?

 

If you can answer the above questions, people will be able to start helping.

 

Cheers

UF

[spidey41]

account was taken out in 2002 / for a monument credit card ,

last payment was 2004 ,

account was defaulted in 2004 ,

the letter was sent in 2007 .

there is no proper agreement for the account only a pityful reply card ,

and cabot are refusing to send a copy of the original default notice

and account termination letter . ( i cant remove picture as i dont know how )

[Jasper1965]

FWIW If you were within time to reclaim those charges then it follows that they are within time also for claiming any debt. You can't claim charges out of time and then use SB as a defence. IMO the account is not SB'ed as there is an acknowledgment that a debt exists as you acknowledge repayments to be due after adjustment for charges and interest and the letter is signed by yourself. Had you not signed the letter that would have prevented them claiming it's not SB'ed but I still think any such averral on your part would have been defeated somewhere along the line by you reclaiming the charges.

 

Of course if the six years had expired before you issued this letter then the letter would not undo any time barring but as Isay above for the same reason the charges would be unclaimable.

[UnitedFront]

Unfortunately you're not going to want to hear this.... but if that letter was sent in 2007 then it will have had the effect of re-starting the limitation clock. On true construction it clearly acknowledges that some debt exists, clearly relates to a particular account and is signed by yourself - therefore satisfying the requirements contained within S29 ans S30 Limitation Act 1980 as to acknowledgements of debts restarting the clock.

 

There may be other things you can do, however. Have you sent a cca request? If not, that's always a good place to start.

 

Cheers

UF

[spidey41]

have already recieved a poor cca only a reply card ,

[spidey41]

iv'e been going through a load of statements ive been sent from a dca , all have a charge for a payment break plan , is this simular to ppi , and can i claim it back like ppi or overdrawn charges ?

[dx100uk]

sounds like this is an old monument card

 

yes you can get the PBP back inc int at THEIR RATE.

 

as for the charges over limit / underpay / budgies got a cold

 

you can hit them with a reclaim on that too

 

however this should be with the OC and not the DCA..

 

there are a couple of threads on PBC poss in the Barclaycard forum [one by me too!]

 

if you cant find them ask

 

dx

siteteam

[UnitedFront]

Is it enforceable? Contains all necessary prescribed terms?

 

Perhaps if you can remove personal data and post up, people can take a peek and see what is though?

 

Cheers

UF

[spidey41]

how can a reply card contain all prescribed terms ? if thats the case then i don't have any terms to agree to , brilliant

[UnitedFront]

Sorry, when you said you received a poor quality cca I thought you meant an application form type thing? Like the thing you would have signed when you applied for the card?

 

Such application forms can constitute a properly executed credit agreement, but many do not.

 

Cheers

UF

[spidey41]

no just a reply card not even much personal info on it , if thats an agreement then i can make my own up and send them out to dca's saying i have an agreement they signed and now owe me money

[UnitedFront]

Well if you've previously made a cca request and they haven't provided a copy of the agreement, then send the account in dispute letter.

 

UF

[spidey41]

iv'e been doing that for 3 years , they keep sending me loads of terms and conditions stating these would have applied to your account at the time you took it out , no agreement and nothing to even link the t&cs to me

[spidey41]

can you point me in the direction please

[dx100uk]

if its a monument card through BC then thas all you will get

 

can you please post up the CCA return you have.

 

use this method please:

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[alangee]

Spidey

 

Is it a Monument or a Providian reply card?

 

Alan

[spidey41]

its a monument reply card

[Bazooka Boo]

Is that what they sent you in reply to your CCA request?

That is a joke, send them the failed letter when they are out of time!

[spidey41]

okay , i phoned barclaycard on friday about the charges added to this monument card , they told me after 45 minutes on the phone that i cannot claim back the charges as they are over six years old and statute barred ? if this is the case how can cabot still tell me the debt is not statute barred ?

[Jasper1965]

Phone Barclaycard again and ask them to confirm in writing that you cannot claim back the charges due to this being statute barred.

You've already guessed where a copy of that letter will end up.

[dx100uk]

it matters not if its sb'ed or not

if you take them to court

they will cough up

 

see the successes in the bc forum

 

dx

[spidey41]

will do on tuesday

[dx100uk]

adv search top right

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=701198

 

dx

[spidey41]

right update on this cabot are totally ignoring my letters and have now passed this to scotcall for a home visit