lowell/BW claimform - old monument card 'debt'

[citizenB]

Well, it is definitely an application form.. it says "I am applying for a Visa Credit card, cheques and pin number".

 

It does that you have read and agree to be bound by the enclosed t&cs. However, nowhere do there appear to be any prescribed terms... and that is what is most important

 

What they send you in response to a CCA request is one thing, however it is my understanding that if you request sight of the PROPER, FOR REAL signed copy within the SAR then they must supply you. So if you are going to SAR them, then it wil be interesting to see if you receive anything different.

[citizenB]

hello CB

 

thanks for your reply, yes i noticed that earlier about being bound by the tc's and yes no prescribed terms which could be on the back, which ive not had copy or sight of, only the very upto date terms and conditions.

 

i will await on barclays to respond on the S.A.R - (Subject Access Request), as ive definately req -

 

"A true copy of the original signed, executed consumer credit agreement and copy of the original Terms and Conditiosn, that were in force at the time of the account was opened, and any subsequent amendments to those terms and conditions"

 

in the meantime, my dilemma, should i write to monument and put in a dispute account letter and advise they have not fully supplied all the information and stop paying them this month from now on.?

 

Could i say - ""what you have sent is a copy of the application form with a copy of the current terms and conditions which does satisfy section s78 but this is not enforceable by you as doesnt contain the prescribed terms in ths same document as the signature.""

 

 

Wilson v First County Trust

Ltd [2003] UKHL 40, [2003] 4 All ER 97. - i found interesting,

 

 

a quote i found but am looking for the source at the moment i recall was like - if a creditor company cannot be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that a court should not have power to relieve the creditor from this penalty.

 

 

and see what i get back?

 

 

Hi Maz, that is a nice quote, but one I think best kept for a defence should it ever come to that

 

The idea is to let them know that you are aware that what they have sent doesnt really cut the mustard.. however dont do their job for them. They know full well what they should send you.

 

I will try and find a letter for you. x

[citizenB]

I just noticed you have said you had SAR'd Barclaycard, who exactly are Monument in the grand scheme of things. Are they a DCA, solicitor, collection agents ?

[citizenB]

Hey CB,

 

Barclaycard brought Monument

 

JOgs

 

 

Aha, thanks JOgs. I think I will go and develop a headache :grin::grin:

[citizenB]

I beieve some creds are giving default notices and saying that the agreement is therefore terminated and you are not protected under the 1974 act!

 

 

 

 

I will ask this question on another thread, see if we can get some guidance on it.

[citizenB]

That's great, thanks CitizenB. I think it's the usual DCA smoke and mirrors, but it never hurts to have a rebuttal ready for their absurd claims;)

 

I have asked the question on the Consumer Credit agreement thread. It is visited by CAGers with more knowledge on this subject. I agree, it probably is another idea the DCAs have conjured up.. I also agree, it is wise to have the facts.

[citizenB]

Underdog, the reply to your query is in the following link. It looks as though it could be the DCAs interpretation of the Rankine judgement.

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-659.html#post1820416

[citizenB]

Thanks CitizenB -that' a very interesting thread you've linked to, but wow, what a length - when I have a spare weekend I'll have to read through it all

 

 

Umm, I think you will require more than a weekend It is an excellent thread and a lot of questions have been answered and debated thoroughly.

[citizenB]

I meant the whole weekend, dawn to dusk, lol

 

 

I like your optimism

[citizenB]

Angel, answer the questions in the link that was provided to you earlier. What we really need and as urgently as possible the date of issue of the claim so we can get your timeline sorted.

 

If you have missed the acknowledgment date then it is likely they will obtain a Judgment by default against you.

 

 

What is the Claim process?

 

The Claimant issues a Claim through the Claim Production Centre (CPC) - further details regarding the CPC can be found on the Bulk Centre web site. When the Claim form is sent, the Defendant has 14 days to respond to the Claim from the date of service (5 days after the date of issue) before judgment by default may be entered. This information can be found at the top of your Claim form.

 

If you send an Acknowledgment of Service, you then have 28 days after the date of service to send your Defence or Part Admission. If you agree to the full amount then complete the N9A form and send this directly to the Claimant. Submitting an admission response may result in Judgment being entered against you.

 

All of the above information can be found in your Claim pack.

 

5 + 14 + 14 = 33 ...not 34 simply submit earlier if in doubt...why leave it to the last date and risk.

[citizenB]

There is no point in someone else copy/pasting the template for you, because you will not be able to edit it for your responses !

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.(1-Viewing)-nbsp

 

Angel, forget what you used before - there have been loads of changes so some might be out of date. Use the CPR request above ^^^^ to send to the solicitor.

 

Any other letters you might require you can find in the CAG library - green tab at top left of screen.

 

What the Hell is a non regulated communications agreement ?

[citizenB]

Righto.. so they might have got the PoC incorrect. That should slow them up a bit

 

Sadly you are dealing with Lowells and BW Legal. BW Legal will almost certainly send you a whingy response saying they don't have to provide anything (which in fairness, until ordered by the court, they don't) that is if he deigns to respond at all.

 

Seems daft to me, especially as at some point they are going to have to prove that the debt is yours and that it is owed.

Edited February 4, 2015 by citizenB

[citizenB]

sorry angel.. I got muddled.. it is BW Legal you are dealing with and not Bryan Carter.. no, they are not connected in anyway. They are similar in attitude though

[citizenB]

If it is statute barred then the defence will quite simple.

 

Are you absolutely certain the last payment was made in October 2008 ?