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    • So it is currently with a repair garage near to your home. Presumably the hire purchase company know about this – and have they expressed any view. It's very important to try and notify the hire purchase company of everything you do – well in advance – including likely costs of any action so they have an opportunity to object or to propose an alternative. If you have put it into a garage of your choice, then you certainly need to make sure that the hire purchase company know about this and have had an opportunity to express a view. Waiting to see your draft letter
    • I typed it on my phone, ironic. I’ll use my laptop for more substantive updates.   I have another car - I’d rather not splurge out multiple thousands at an already expensive time of year - the service was £1000 in itself.   My immediate concern is their inspection company. Do I pre-empt and pay for my own to coincide with theirs, even though its not needed in anyone with common senses eyes? It just seems like knuckle dragging.   I’ll take you up your offer, thanks. Communication has been mostly via email, and I have followed up calls immediately with an email of what was discussed. Got it the 7th of July if I recall, notified them of the issue on the 25th November.
    • I hope you notice that in your first post I had to restructure the solid blocks of text that you posted. It will be very helpful if you would make sure you  introduce better spacing because we have lots of people who come to this forum using telephones and it is extremely difficult for them to read. The fact that you assert your six months right to reject does not mean that you are then obliged to reject the vehicle. It simply reserves your position on that matter. You always retain the option to reject or to keep the vehicle. However it puts more pressure on the dealer or the hire purchase company – whoever happens to be the responsible party. If you are doing things on the telephone then make sure you have read our customer services guide and implement the advice there. It really is important and if you don't then at some point you will regret it. if you are strapped for the car and if you haven't have the money then probably a good option might be to pay for the repairs yourself and then proceed directly get the hire purchase company for reimbursement. However this means that you would be out of pocket for a while. Also if you did this then we would have to be very careful about giving the hire purchase company advance notice of what you are doing and of the expenses you are about to incur on their behalf. In any event, you are just within the six months and if I were you I would assert the right. If you want, draft a letter and then we will have a look at it here
    • Thanks for the reply except for distance part.   Not a fail when it’s only one of a few in the UK(at the time only 3 where for sale from dealers in the uk- I would never buy a car privately or at the least on a credit card). I only tend to splurge big (to me)bucks on what I actually want and I am a bit of a petrol head. It’s more than a form of transport for me.   I am not naming dealers at this time as they have yet to do anything wrong and the one acting (more than) reasonably is the main dealer that identified the issue, not the one I got the car from so no need to name them at all. They have in fact worked with me to get a very good price to replace the head with support from the manufacturer - to the point of the original dealer would not be able to buy just the head for the all in price on offer. So I have done half their leg room for them too. I will phone the dealer myself today to get their story and if they play silly buggers up their name will go. As I said in the original post - I am hoping for the best, expecting the  worst and want to be prepared.    Finance company is Oodle. I did say I am contacting them under my rights from the consumer credit act but didn’t say I am rejecting, but did say the outcome I am looking for is for it to be repaired.
    • I'm really not clear as to what you want to do here. You clearly have a way of gaining some compensation if you want. If you'd rather just get it shut down then as you say the best thing to do is to send them your mother's death certificate – but as they are completely wrong about everything, it seems – and also on the dates you have given anyway, they are breaching the backbilling code, you can hit back if you want. You have just said that it is the principle of it all. If that is really what it is then that might be sufficient basis for striking out at them. I don't think there's much else to be discussed on this thread
  • Our picks

Arrows/NCO chasing old Monument Credit Card Debt


almdhussain
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Hi

I had a Monument Credit Card, which was opened in 2004,

this month i started gettting letters from NCO Europe saying to pay up,

 

i have sent one letter and they have replied with a bit strange wording,

i have listed them below and was wondering if you could help me draft a response

 

the specifics i am looking is for quotes from the law, example under such law and under section and subsection etc., i wonder if you could help., thanks in advance.

 

1) their response

"I can confirm that our letter dated 12th May 2015, confirms that your monument account has now been passed to NCO

to manage the collection of the balance outstanding,

 

This is your notice of assignment,

however, i do acknowledge that you have requested the Deed of Assignment

 

A Deed of Assignment is a document in which a debtor appoints a trustee to take charge of the property to pay debts, partly or wholly.

It allows one party(the assignor) to transfer ownership of something they own, such as a house or endowment policy, to someone else(the assignee).

 

Therefore, it is not applicable to your account and it is not possible to provide."

 

What they say above is it right?, what can i quote in law to make them agree for a deed of assignment.

 

2)"We have not purchased this balance therefore we are unable to provide a Deed of Novation"

 

they have not purchased it????

 

3)"NCO Europe is managing the above account on behalf of Arrow Global.

The account was purchased by Arrow Global from Monument on 22nd December 2014.

As per the original terms and conditions with Monument they reserve the right to pass or sell your account to a third party to manage.

The account was sold to arrow global and they have appointed NCO Europe to manage it on their behalf"

 

they are managing does it not make them a party and under law they have to provide documentation for this,

they say i have to make a CCA request which i do not want to as it will reset the account, can you please advise.

 

Hope to hear from you soon. a image of the letter below

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pdf remember please

 

 

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... 

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dunno where you are getting some of this munbo jumbo from AH

but it sound very much freeman of the land to me

if it is, dump all that crap now.

 

 

a CCA request DOES NOT, reset your acking of the debt

 

 

you will not get to see the deed

you probably mean the notice of assignment, which is what they have sent you.

 

 

as this is from 2004 they will need the signed CCA

to enforce it.

 

 

I bet you've PENALT charges on the card

and Payment Break Plan [PPI]

so stuff their to reclaim.

 

 

lets see that letter and any others you've been getting please

 

 

is the debt on your CRA file?

what is the defaulted date please?

 

 

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... 

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Hi Dx,

 

Right thanks for your input, i have checked my CRA file and it does not showup on my experian report, but my previous report from 2013 shows the entries, the original credit limit was £750 but now they are claiming over £2k, so definetely it is time barred as i have no payments showing up in my previous credit reports.

 

Now how do i go about claiming the ppi and charges, I shall send a CCA request soon and also would like to know how to word it specially asking for proof of last payment on the account.

 

I have signed up with noddle for free credit report and also experian, in both the reports it does not show up any entries for the above.

 

Any help in this matter would be great.

 

Thanks.

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When did you last pay anything towards this?

Was it more than six years ago? (five in Scotland)

 

The CCA request is in the library (green writing above)

But here it is http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

Get 'proof of posting' which is free from the PO counter.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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why send a cca if its statute barred

 

 

ignore then unless a claim arrives

then use sb defence.

 

 

on the old report

what is the defaulted date

 

 

and you'll need to sar monument to get all the statements.

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... 

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can we have that letter in pdf please cant read postage stamps

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... 

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Hi Dx,

 

I will try and upload the letter today/tommorrow hopefully,

 

 

now i have been sifting thru all my old letters and found that i used to have two cards with Natwest, one with Capital one,

can i see the balance is over £5k for all the three, can i follow the same process of doing a SAR for claiming ppi and penalty charges.

 

As to the post by Boo,

i have made a mistake, in 2012 due to various demands by DCA i approached CAB and asked them to help me with my problem,

they have contacted all the DCA's and got me a payment plan,

but i was not in a position to pay them anything as i lost my job

and had financial difficulties and also health problems,

 

 

now will this reset the five year limit?

eventhough i have not contacted them directly,

please advise.

 

thanks

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so you are in Scotland?

 

 

yes sar monument as already advised

 

 

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... 

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hehe ofcourse you are re your other thread!!

 

 

even better then

the debt is extinguished not just barred

tough luck arrows!

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... 

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Share on other sites

Ah bless their cottons........:pound::pound: love to be a fly on the wall when they read that!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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ok then so sadly 6yrs sb.

 

 

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... 

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Share on other sites

unapproved the pdf

you've left their ref number on it.

 

 

CCA to arrows

and sar to monument time me thinks

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... 

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Ok Dx, few questions,

 

 

i have taken out this card in 2004,

since 2005 i have been resident in Scotland,

as per rules i normally reside in Scotland not England,

so should the rule of 5 years not apply in my case?

 

Secondly if it is SB'ed (be it 5yrs or 6yrs as i have no recollection of any payment for this period),

why do i need to do a CCA request to Arrows?,

when i am doing SAR to Monument,

can you pls shed some light?.

 

Also i have attached a new modified file, is there a way to delete the old file?

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Ok Dx, few questions,

 

 

i have taken out this card in 2004,

since 2005 i have been resident in Scotland,

as per rules i normally reside in Scotland not England,

so should the rule of 5 years not apply in my case? -

no its where you were resident when you signed the agreement

http://www.govanlc.com/suedinengland.htm

 

Secondly if it is SB'ed (be it 5yrs or 6yrs as i have no recollection of any payment for this period),

why do i need to do a CCA request to Arrows?, because they are the debt owner and are chasing you

when i am doing SAR to Monument,- but they have sold the debt so whatever they send [if they send a copy of the agreement too- there is no legal compulsion to send one in an sar]

 

can you pls shed some light?.

 

Also i have attached a new modified file, is there a way to delete the old file?

 

 

no file attached

 

 

you need the sar to get all the statement

only the OC will have those

 

 

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... 

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So Dx, what you are saying that i can be tried in Scotland event hough the agreement says it is governed by laws of England,

 

the attachment is edited in the same comment sorry, but i have attached it here?, hope to have your comments on this.

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So Dx, what you are saying that i can be tried in Scotland event hough the agreement says it is governed by laws of England,

ofcourse you can

 

so technically I could argue that the court does not have jurisdiction as per the agreement?

no, the agreement will mention nowt about that as its not their problem

 

am i right? nope

the attachment is edited in the same comment sorry, but i have attached it here?, hope to have your comments on this.

 

 

you took out an agreement whilst resident in England

 

 

the only real consequence is the statue barring will be 6yrs not 5yrs

 

 

and the debt is never extinguished like in scotland

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... 

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Sorry i might sound stupid, as i have a medical condition of getting confused just want to ask you this,

 

Now it is crystal clear about where i can be tried,

 

 

one last question,

The SAR request is for PPI and default charges, and i should be sending it to Arrows and there is no need to do one to Monument?

 

In any case who will i be claiming the money from?

 

 

if there is any PPI & default charges Monument or Arrows?,

 

 

i guess from Arrows?,

 

 

or from the Monument to whom i had paid such sums?

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sar's and reclaims always goto the OC [original creditor] as they levied them

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... 

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Hi Dx,

 

I have taken screen shots of my credit report for Monument and have attached the documents, please have a look, things i have noticed

 

There is no default date on the file, it only shows there is an arrangement to pay, while there is none and no payments have been made i dont know how long, can they do this?, is this right?

 

a bit strange, i have just noticed it., can you please have a look and comment.

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the ar or ap markers are a killer they never go away.

you need that sar before you go further.

 

 

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... 

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