Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Monument/Raphaels Bank


Jimbob4632
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3518 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello everyone, new here and looking for some advice.

 

I think I may have actually overloaded my brain over the last few days reading through all the different threads.

 

I hope I'm posting in the correct place (first post)

 

my query relates to a default placed on my credit file in Feb 2011 by Raphaells Bank (CCRT).

 

This was originally a Monument credit card, default amount is £1533, credit limit was £750.

 

My question is, who do I send my request to for the original agreement,

as I don't think Monument actually exist anymore?

Link to post
Share on other sites

Hi Jimbob and welcome to CAG

 

Is anyone chasing you for this account?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

most were absorbed into Barclaycard

 

however they do still exist.

 

why do you need the CCA?

 

are you getting hassled?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for the quick responses guys, not getting hassled at the moment.

 

Been through the C.A.R.S phone calls and letters-ignored them all.

 

Had the RISE card opportunity, laughed my ass of at the- transfer your balance and we've got you approach.

 

I've not got my head round all the technical terms and abbreviations yet but.

 

...I'd like to get my credit score sorted out,

 

am I right in saying that if they did not inform me correctly that they were defaulting me via post

that I can dispute and get all information removed from CRA?

 

I have two defaults on my credit report, both are from around 2010/2011,

 

I'd stopped paying on what I thought was principal! (little did I know I'd still be paying the price years down the line)

 

Defaulted with bank of Scotland after changing my accounts to RBS,

not sure exactly what happened as I thought I had zero balance but they charged me £5 per day for unauthorised overdraft.

 

Ended up owing over £600 in charges, made it difficult all round to keep up with payments.

 

My circumstances have changed these days, kids older, different job, not so pig headed about digging my heels in.

 

I'd gladly pay my way back to good credit but still about 2years before they are left to run their course.

Link to post
Share on other sites

paying wont help really

defaults stay for 6yrs

you'll need to await the defaults to fall off.

thus the accounts go wit them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

oh sri

 

and no they don't 'have ' to send you anything

 

a DN is not an actual 'default promise'

 

only that they 'could' register one'

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I may be a bit confused with this process but I'm willing to try anything.

 

Again excuse the terminology if incorrect but..

 

. I was under the impression that if a default was to be placed on my account

I had to be properly notified and given a chance to rectify this?

Hence the next step of a SAR?

 

Also, I was under the impression that the agreement had to be produced and correct for the debt to be enforceable?

 

If I ask for a copy of the CCA enclosing the £1.00 fee

do they not have to produce this under Consumer Credit Act 1974?

 

If they can't produce the CORRECT documentation does this not make the debt unenforceable

and as such I can insist it be removed from my credit file?

 

So in summary, its not about being in the right, its about trying to catch them in the wrong to clear my file.

 

To be fair, I'm not going to make any excuses about being whiter than white and falling on hard times,

I made a booboo by thinking I was 'showing them' because I thought their charges were unreasonable.

(Which I still do....£5,00 per day for literally a matter of pennies)

 

As I said, it's not about getting out of any debt that I actually ran up,

I'd happily pay them to get my credit rating back on a good footing,

even the ridiculous charges that they applied.

 

As I now realise that its best to just not get involved unless you are able to keep your commitments in order 100%

 

Pretty angry that the financial institutions that nearly put our country down the toilet

have the power to point a finger at me and say that I handled my finances badly effectively barring me from credit for six years.

The punishment far outweighs the crime in my eyes.

Link to post
Share on other sites

I may be a bit confused with this process but I'm willing to try anything.

 

Again excuse the terminology if incorrect but..

 

. I was under the impression that if a default was to be placed on my account

I had to be properly notified and given a chance to rectify this?

Hence the next step of a SAR?

 

- no that's a default notice - intent to file a default, not they 'will'

a file can be marked as default, simply by the fact that you missed or were late paying or ran over your 'limit'

this an automatic process operated by the CRA companies - have a read of their T&C's.

 

Also, I was under the impression that the agreement had to be produced and correct for the debt to be enforceable?

 

If I ask for a copy of the CCA enclosing the £1.00 fee

do they not have to produce this under Consumer Credit Act 1974?

 

If they can't produce the CORRECT documentation does this not make the debt unenforceable

and as such I can insist it be removed from my credit file?

 

- an un-en agreement carries no resultant power to demand this files removal

- the only 'outcome' if un-en, is whomever cant enforce the debt via the courts

until they produce one.

 

So in summary, its not about being in the right, its about trying to catch them in the wrong to clear my file.

 

To be fair, I'm not going to make any excuses about being whiter than white and falling on hard times,

I made a booboo by thinking I was 'showing them' because I thought their charges were unreasonable.

(Which I still do....£5,00 per day for literally a matter of pennies) - whats this payment you are making and to whom?

As I said, it's not about getting out of any debt that I actually ran up,

I'd happily pay them to get my credit rating back on a good footing,

even the ridiculous charges that they applied.

 

As I now realise that its best to just not get involved unless you are able to keep your commitments in order 100%

 

Pretty angry that the financial institutions that nearly put our country down the toilet

have the power to point a finger at me and say that I handled my finances badly effectively barring me from credit for six years.

The punishment far outweighs the crime in my eyes.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

HI dx, sorry if I'm confusing things, seems so clear as I'm writing it but its a little like giving someone directions when they don't know the area and you do. In tis case you guys know the area and i'm the stranger.

 

 

The £5.00 per day was what Bank of Scotland applied to my account for an unauthorised overdraft when I moved my accounts to another bank. I'm not actually sure how the overdraft occurred, I think there was a DD applied for. (probably changed my accounts near the end of the month and just never changed DD's in time)

As I said previously, Raphael chased me initially via C.A.R.S, possibly another DCA and then I was offered a RISE card to transfer my balance on to.

I've not heard from anyone for a long time now over this.

 

 

Checked my Equifax and Experian reports and found that these two accounts (Bos £167 & Raphael £1533) had a big red box with a 'D' in it. Called Bos to try to rectify but they couldn't verify who I was because the account hadn't been used in so long.

Link to post
Share on other sites

ok so what are the two default dates in the debt summary?

 

and were the BOS bank charges [£5 etc] since nov 2009?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Again apologies, been trying to keep it brief but think I Haven't been putting enough detail.

 

Bank of Scotland used to apply a £5,00 per day charge for unauthorised overdrafts upto a certain amount.

(not 100% what that cap is)

 

Start date-05/02/2001_default date 28/06/2010. Last updated 06/07/2011.

 

The account shows default August 2010,

Nothing showing before or after that on Equifax,

just a red box with a 'D' ,default balance showing as £642.

 

I hadn't realised but Standard life have been paying share dividends into that account all this time, bringing the balance down to £167 at present.

(I think a dividend was recently paid, around £55 so when updated probably less).

Ive never been asked or given a payment knowingly since default date as far as I remember.

 

Compucredit (Monument)

start date 28/06/2004 default date 28/02/2011

shows status as settled,

date settled 04/05/2011-date updated 04/05/2011..

 

..default/delinquent balance-£1533.00,

plenty of red marks on the run up to the big red D, two month gap and then a green box with S.

Link to post
Share on other sites

ok so in all effect

 

there little you can do to either, they will be there till the defaults 6th birthday

then they will vanish

doesn't mean the debt is still not 'owed' mind.

 

as for the card

the settled bit

means it was written off against tax by the OC [Original Creditor] 28/02/2011

 

its now on a phishing list

awaiting a debt buyer to get their grubby hands on it.

 

now, i'm surprised no-one has

 

I bet you have heeps of PENALTY [£12+] fees

and payment break plan [PPI] to reclaim.

 

I bet that's the reason.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

there is a possibility

if you could prove a DN was sent

and the total in the DN contained PENALTY charges

 

there a chance

but you'll need the data via an SAR

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

It's worth a try,

 

I know the majority of the money BoS were looking for was charges for a fact.

 

I'd need to check what the monument debt was though.

 

Can you give me any advice on how I would find the account number for the monument account?

 

Not sure if I have any paperwork for it.

 

Another thing I thought of was the fact that I know that the latest I banked with BoS was 2006.

 

Would it really take four years for them to default me?

 

Could the date be earlier but showing incorrectly because of standard life dividend payment?

Link to post
Share on other sites

I think you need to get the data for both

 

you don't need any account numbers

 

just send the sar

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks dx, I'll go for it with both of them.

 

Your advice has been invaluable,

 

I'll keep you posted on how I get on.

 

All I'm interested in is getting the black marks off my credit report,

 

if I get that done and get any money in the process I'll donate it to the CAG forum.

Link to post
Share on other sites

theres no quick fix

 

but all is at yet unknown.

 

its all about getting data

 

then going thru it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

there is a possibility

if you could prove a DN was sent

and the total in the DN contained PENALTY charges

 

there a chance

but you'll need the data via an SAR

 

dx

 

Every DN that I have seen from Monument from around that period

 

Was faulty, only allowed 14 days, date of issue being day one,

 

no time at all allowed for service

 

Your ac probably had the payment break plan (PPI),

 

and as dx says penalty charges as well

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

Thanks dx, I'll go for it with both of them.

 

Your advice has been invaluable,

 

I'll keep you posted on how I get on.

 

All I'm interested in is getting the black marks off my credit report,

 

if I get that done and get any money in the process I'll donate it to the CAG forum.

 

 

Rebuilding a credit profile will need a lot more than getting these defaults removed it would seem as dx has said that early removal is unlikely ( not having the agreement does not affect the credit file being updated ).

 

 

Once the defaults are removed you will need at least 3 years to improve the mythical " credit score".

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...