Jump to content


  • Tweets

  • Posts

    • good i can see where you got that from  pers i'd put back, suitable adapted the line:   3.Throughout this period XXX only ever served estimated bills which were grossly over estimated with values unrelated to actual use. There was and still remains an unresolved dispute with XXX which was never resolved prior to the assignment of the alleged debt.
    • Hi Mr S,   Read other threads here posted over the last year or so.   We pretty much advise the same thing - ignore demands from the gym, their admin company, any DCA they use and any legal firm they use.   No need to engage with the gym or admin company to discuss or argue your wish to cancel - it'll get you nowhere.   If you want to leave the gym now, just give a month's written notice then cancel the DD m,andate .   If you want to cancel from October 2021, confirm this to the gym in writing early October, allow the final DD to be taken in October, then cancel the DD mandate.   You'll see from other threads that no action is taken to claim money and gym m/ships do not affect your credit records.
    • Update on the situation:   Following the run in with the police he has actually gone to the police station himself to question what he was told and was told there is no issue with him idling or moving the car around the car park, so the police officers who told him that were wrong.   As a side note, he knows who it is that's reporting him. Seems to be a bit of a feud between them, but the clarification he got from the police should at least stop them coming around every time a report is made.   Thank you to everyone who replied to this question!
    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • why are you stuck with them?   do you not understand what i posted above?  
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

Monument paid PPI refund to DCA on sold card debt - help!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1363 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

HI

I applied for the PPI from Monument and i had an outstanding debt which was very old, they sent out an letter to claim PPI and i have applied online.

 

Now i have received an response from the they will be adjusting the money towards my debt, I have attached a copy from them, can you please guide and advise what would be the next best step to get the Ppi

 

PDF uploaded

monument reply.pdf

Link to post
Share on other sites

sorry what is you problem then?

 

 

that's a std letter from monument by the way

had the same only 12yrs ago

but ofcourse the FOS have decided several times now it IS PPI but that's not the issue?

 

 

so why are you not happy with it?

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

They say they will adjust this against the debt,

 

i want to know if they are allowed to do it?,

 

am i able to claim all the monies(PPI) from them,

 

do i have to complain thru FOS?

 

want to know how to proceed from here?

Link to post
Share on other sites

if they still own the debt

yes they can offset against it

nothing you can do about it sadly

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

yes if they still own it

 

 

in E&W a statute barred debt still exists

just that any judgement anyone might get in court cant be enforced

so they don't bother.

 

 

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

 

I have proof that is attached stating that they do not own the debt,

 

please see the attachment and advise.[ATTACH=CONFIG]65619[/ATTACH][ATTACH=CONFIG]65619[/ATTACH]

 

Sorry i am having problems with the attachment uploading,

 

it says that the debt was sold to Arrow Global in Dec 2014, so what should i do now?

Edited by almdhussain
problem with attachments
Link to post
Share on other sites

attach as PDF's

follow upload

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

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
  • 3 weeks later...

Hi

I have recived £400 out of 2.6k,

when i called Monument they told me that according to terms and conditions they are setting off the balance to the DCA.

 

I have read the thread by nutter192 and written a letter to them and yet to receive a response from them,

also asked for the written confirmation about the setting off the debt to Arrow Global.

 

Even though FOS says they cannot offset to a different company but Monument insists they can,

i am thinking of putting in a claim to get the balance, i shall be sending in LBA's soon.

 

Any advice on this matter is much appreciated.

Thanks

Link to post
Share on other sites

no harm in ringing the FOS now and asking their opinion.

 

 

they might help before you need to pop their FOS CQ into 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... 

Link to post
Share on other sites
  • 7 months later...

HI guys

I have recieved an email from the fos adjudicator and they have told me that Monument has not done anything wrong by offsetting my debt even though they it is not owned by them?

 

this is new for me as i have read in the forums they cannot do it but the fos agrees they can,

 

can anyone help as i have to prepare and fight for this one, the letter that i have received from fos the text is below

 

""your complaint about R. Raphael & Sons Plc (trading as Monument)

 

Thank you for waiting while I’ve been looking into your complaint.

 

I’ve now looked at all the information that you and Monument have given me.

 

Based on what I’ve seen, I don’t think that Monument has done anything wrong – so I’m not asking it to do anything else.

I’ve explained why below.

 

your complaint Monument paid you a refund for the Payment Break Plan (PBP) attached to your account.

 

The refund was applied against your debt, which is now owned by Arrow Global.

The surplus was paid to you by cheque.

 

You believe this falls out of this service’s guidelines, and that the whole refund should be paid directly to you to pay off “as required or as I see fit”.

 

You’re also unhappy that Monument has not followed this up in writing after discussing the matter over the phone with you, and that it has not provided confirmation of tax paid on the refund.

 

I can only consider the complaint about Monument.

my findings

The guidance that you are suggesting Monument is in breach of is an issue of Ombudsman News dated September/October 2004.

It does not concern refunds.

 

Your assertion that Monument’s final response letter dated 9 November 2016 “admitted the Payment Break Plan was mis sold” is incorrect.

 

Monument very clearly stated at the top of that letter that “Without admission of liability, and as a gesture of goodwill, we are prepared to adjust your account”.

 

So Monument’s offer was made as a gesture of goodwill.

That’s important.

 

It’s quite possible that this PBP was not mis-sold and that you should really not be due any refund.

 

Indeed, I’ve not seen any information suggesting that you were mis-sold the PBP.

 

So it is to your benefit that Monument has refunded you these amounts as a gesture of goodwill.

 

Do I think that Monument acted unreasonably in offsetting the debt? Not at all.

 

It’s worth noting that in accepting this offer you agreed to the terms of it – most specifically, that “Any adjustment is offered without admission of liability and as a gesture of goodwill.

No conditions can be placed on the offer by any other party.

Any monies still owed from the original debt will be offset by the adjustment”.

 

But even without this cause, I can’t agree that Monument has acted unfairly.

 

Firstly, it’s paid you a refund that as far as I can see there was no reason for it to pay.

 

Secondly, this has benefited you.

It has not only cleared your debt but resulted in a further payment direct to you.

 

Monument has not acted at all unreasonably in paying the refund this way and I will not be asking it to do anything else.

 

Monument’s position is set out very clearly in its final response letter and was further explained to you by telephone.

 

In that sense, I’m satisfied it has addressed your queries.

 

Concerning the tax paid on the refund, this is very clearly explained on Monument’s final response letter.

 

I’ve included the relevant sections below:

what happens next If you don’t want to take your complaint further, you don’t need to reply.

 

But if you don’t agree with what I’ve said, please let me know why by 25 August 2017.

 

I’ll look at any new information you give me and let you know what I think.

 

If we don’t hear from you by 25 August 2017, we might not be able to look at your complaint again.

 

So if you want to reply but you think you’ll need longer, please tell me as soon as possible.

 

In every case, both the business and their customer can ask an ombudsman to make a final decision.

 

If you have any questions, please get in touch.

Yours sincerely""

Link to post
Share on other sites

then you now need to prove it was mis-sold, in otherwords they were wrong to levy it upon you.

 

 

look at the T&Cs of PBP and find where you are not entitled to it. you did not meet the requirements.

 

 

that way it will over turn the GOGW and then they must refund you directly.

 

 

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
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...