me vs Monument

[alibobsy]

OK well been chasing a SAR since before christmas with this lot,

but after having a good search around found most of my statements and a copy of the agreement

(from when I was argueing with a DCA over the leftover amount sold on to them).

 

The agreement is one of those quick reply card thingys and totally unenforcable.

BUT the amount left is miles lower than the PPI/charges claim so decided to go for it.

 

Sent off the claim just after christmas with a questionaire and mentioned both the PPi and charges.

 

Got a reply today. Basically they say not PPI its a pay break plan and you took it out during a t/call from us,

blah blah not done anything wrong but will offer goodwill gesture of half the premiums

(but no interest and only for the last 6 years) its an insulting amount and I won't be accepting it lol.

 

Bit more waffle and and "our charges are not unlawful" blah then another offer regarding the charges

-just reduced down to the £12 recommened by the OFT

(how are they still peddling that old chestnut), no interest and again only for the last 6 years.

 

Now unfortunately for them the statements finally turned up (in the end the DCA sent them to try and get me to pay up to them lol).

So I have redone my calculation based on that.

 

I assume I question the phone call malarky and ask for a copy of the transcript as well as sending them the good news about me now having a full set of statements.

Will send the revised claim, challenge the 6 years rubbish and see what they offer next.

 

Their letter actually says they wish to settle the matter between us rather than go to the FOS so hopefully its just a bit of back and forth before they finally cough up I hope.

 

Ali x

[padja]

good luck, I suspect its going to be letter ping pong then they will give up and pay up when they realise they are onto a loser

[BRIGADIER2JCS]

Hi Ali, the phone call should appear as part of the SAR,and

they must be worried if they want to avoid FOS.

Why not ask for a copy of their complaints procedure go

through that then see what the come upwith if it's not what

you want then off to FOS.

[dx100uk]

monument always try it on.

optional payment break plan WAS PPI.

 

here's a tip:

 

from another thread

Hi Raz,

I had also fallen behind with my payments to Monument and was on a payment plan with them but i still claimed. All i did was filled in the form from this site and then they offered me back only 3 years and i wanted 6 years so i dealt with this lady and i got all 6 years back - so give it a go and good luck

Carole O'Neill

Customer Relations

Monument

51 Saffron Road

Leicester

LE18 4US

[alibobsy]

Rereading their letter Brig they actually say in the letter that although they are sure the call took place they do not hold a recording of it or a transcript lol-that will teach me not to skim read a letter. So they already confirm no proof of anything held by them.

 

Thanks for that dx, letter and spreadsheet prepared and ready to post tommorrow.

 

Ali x

[BRIGADIER2JCS]

Hi Ali, you have to laugh at the management of

these companies, ''A verbal agreement is not worth the paper it's printed on''

 

Brig.

[the old rogue]

Hi Ali , What you received was the standard Monument first reply. When they receive your protest they will offer you 6 years premium refunds plus interest 8pc. They will reiterate all their arguments swear blind Payment Break was not PPI and ask you to regard this as their Final Response. Convient that they have mislaid all the Payment Break Sales Calls, which of course was Optional!-LOL, Good Luck TOR

[dx100uk]

Hi Ali , What you received was the standard Monument first reply. When they receive your protest they will offer you 6 years premium refunds plus interest 8pc. They will reiterate all their arguments swear blind Payment Break was not PPI and ask you to regard this as their Final Response. Convient that they have mislaid all the Payment Break Sales Calls, which of course was Optional!-LOL, Good Luck TOR

 

and dont fall for the 6yrs limit

 

there is NO LIMIT

on PPI reclaim timescales.

 

dx

[alibobsy]

Ok so next letter recieved-as predicted all arguements restated and full amounts of PPI and charges offered, BUT only for last 6 years and interest only until a date in 2009 when they say the interest stopped being charged. Plus NO 8% as per the FOS.

This states it is a final response so i can go to the FOS, but is it worth giving them one more chance to settle as they seem to be paying up on other threads.

They are also starting to go on about offsetting, but this account was sold onto a DCA a long time ago.

 

What part of the limitations act is it I quote regarding the 6 years deal? I have searched but struggled to find it. I may just be looking in the wrong places lol.

 

Ali x

[BRIGADIER2JCS]

Ok so next letter recieved-as predicted all arguements restated and full amounts of PPI and charges offered, BUT only for last 6 years and interest only until a date in 2009 when they say the interest stopped being charged. Plus NO 8% as per the FOS.

This states it is a final response so i can go to the FOS, but is it worth giving them one more chance to settle as they seem to be paying up on other threads.

They are also starting to go on about offsetting, but this account was sold onto a DCA a long time ago.

 

What part of the limitations act is it I quote regarding the 6 years deal? I have searched but struggled to find it. I may just be looking in the wrong places lol.

 

Ali x

 

Hi Ali the letter is as stated a final response so there is no point is going back to them.

 

As to stat barred all you need to do is send the following if you are sure of the dates.

 

 

Dear Sir or Madam.

 

I do not acknowledge any debt to you or any company you may clain to represent.

I referb to your letter regarding the alleged debt you claim is owed by me, please

note from advice received and my own research I conclude that any such alleged

debt is now statute barred, therefore I will not now or in the future make any payment

or offer of payment.

 

You will now cease to process any data relating to me with immediate effect.

I am sure I do not have to remind you of the OFT Guidance 2011 and the sections regarding

pursuing statute barred debt and the section regarding selling or assigning statute

barred debt without informing the purchaser of the status of the debt.

Send RD addressed to their Compliance Manager.

[dx100uk]

section 32 c refers

 

dx

[alibobsy]

Just a little update, monument wouldn't budge so it went off to the ombudsman. Will await their decision.

 

Ali x

[MARTIN3030]

Good keep us posted.

[alibobsy]

Still with onbudsman nothing as yet.

 

Ali x

[MARTIN3030]

They are not exactly quick.

You probably would have been better off taking them for a small claims action.

What is the total with the 8% ?