Simon v Monument (they want to go to court!)

[simonandjason]

Hi,

 

I have sent a letter to them asking for all fees to be returned, and we got a letter asking us to call them up.

 

Well I did and they are not going to offer anymore and will put this in their final response letter.

 

What now? !!

 

Should we accept this £60 or fight for the full £120.

 

He currently owe £1,982.08p

We currently! do not have any interest charges and have an agreement to pay just £40 a month for the time being. (this was after sending a breakdown of his outgoings)

 

He did get all statements sent to see what fees were incured, some late payment fees and over limit charges.

 

While on the phone I was careful what was said and wrote down most of what they said, they were not prepared and not obliged to give a reason for these fees my bother incured for late payment and over limit fee, they said they

"will not give a reason as they do not have to, but if you take it to court you can request the information there if you wish. but as it stands we do not have to give a reason. we feel it is a fair charge to make on you brothers account."

 

What advice can you give us on what to do next.

 

Should we take it to court or take the offer?

 

Thanks in advance.

 

Jason for simon V monument

[simonandjason]

.... or.....

 

is it when we say that it is going to go to court that they then back out and give it all back?

[hagenuk]

You need to do a lot more reading and understanding of the process that you are involved in.

 

Follow the step by step instructions here and send the letters in the library.

 

Nowhere does it say call them and discuss this, write to them and insist that when they contact you, it is in writing.

 

Look here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

[simonandjason]

Hi,

 

This is what i have done so far... in letters to the bank.

 

I have asked that all services, like payment break, payment protection and that be stopped. DONE.

 

I have asked that interest be stoped to help us get the debt below the agreed overdraft limit. No interest for 6 months not over limit fees until account is back in order and below the agreed overdraft limit.

 

I have got done a S.A.R.

 

I have sent a letter from the letter page here, to them asking for charges to be paid back.

I have received a letter back with the statements saying that they will offer just £60 of the £120 we are asking for.

Another letter from this site was sent back to them saying that we decline their offer, but accept in part payment, we get another letter from them asking us to call them up as soon as possible.

 

I call them (i know) asking them to reply with regard to the letter sent on such date that it was sent. they started to go on about this letter even though they said that they have not seen it!

 

After a carefully though through chat on my part, thinking before answering anything and before saying anything in general, but still asking why they can not reply to the letter i sent them that they said they have not got but still know something about.

 

well it came to it that they will reply in response to this conversation and state yet again that their offer still stands.

 

 

i have spoken to a friend up the road and they say that i just continue to take it to court and they should drop out on the day or a day or so before going to court.

[hagenuk]

Yes, you should continue with a claim through the courts as you have indicated in your letter to them. And yes, not one bank has decided attend any hearings as all have paid prior to the hearing date.

[Innocenti]

It is up to you if you want to continue with your claim or accept the part payment. Monument have ignored all my letters so I filed an N1 with the courts last week.

 

My debt with Monumnet is about £850 and I am on a payment plan of £60 a month, they wouldnt take any less and it is a real struggle for me to pay it every month. How did you get to pay £40 for a debt which is over twice mine??? Weird.

[simonandjason]

being very clever with the figures (legally clever) in the break down.

[Innocenti]

being very clever with the figures (legally clever) in the break down.

 

So thats where I went wrong!

[simonandjason]

Far from it, you can approach them now, even if you set this figure last week, things can change for the (worse!)

 

if you have not already done so ask (in a letter) if you can get the interest stopped, then if they answer no ask if it can be stopped for a 6 months period lets say, to help you get the debt down again in a letter.

 

if they still say no, they should say yes to this at least, then tell them in a letter that there are changes in your cirumstances and this is why you have been asking for assistance, and you now have to revise what you sent because of an unecpected financial problem, your'll think up something that is relevant and that you could prove in some osrt of way, but not to elaborate or you could get court out.

 

You had to buy a second hand washing machine that set you back ? check out some prices around and are fairly high, but only second hand.

 

then tweak a few prices that are paid to other banks, they do not and can not check what is being paid to other banks, make them realistic rises to other banks, a £5 here a £10 there, this will allow you to get more in your pocket to spend on food and essentials, say they you also have paid out as the launderette for the last week or two as a result and that you have spent lots there but be careful now much you tell them, brief and to the point and this will allow you more money again.

 

I done this a lot of time for each of my banks as i did have things go wrong and was NEVER asked to prove what i was saying.

 

all you have to do is REMEMBER what you said.

 

oh and because you bought it second hand there will not be a receipt, or that you did not get one and if you are asked (you wont be) you can say that you did not think there was a need for one as it was second hand and therefore no gaurentee can with your purchase. the washing machine was bought in good faith!

 

hope this helps you spend less on the debt with your bank.

[Innocenti]

Thank you very much for all this advise. I might have to try it as my circumstances have changed for the worse at the moment. They have stopped all the interest at the moment but they insist on £60 a month which is such a struggle for me.

 

I will write to them again asking them to adjust the amount they want me to pay as it literally is the difference between paying them and food on the table.

[simonandjason]

Well we have today had a letter back from monument, clearly stating

that they will only stand by their original offer of £60 (they took in overlimit fees and late payment fees £120 which is what we are asking for)

 

 

if we have to go down that path am i right in saying that the moneyclaim site will set the court date?

[Innocenti]

I have received notification that Monument (or Barclays) are going to defend in full so they now have 14 days to file a defence. The battle continues

[simonandjason]

can i please ask roughly what amount you are claiming for?

 

is it more than £120 ? or less ?

 

my brother and father are now not happy about that fact that this could go to court!

 

my father is now telling me to just accept the £60 and forget the £120 we are asking for.

 

my father is wanting to know what will happen if it does go to court and if my brother would have to go to court? or could i stand in for him?

 

 

do you know?

 

 

ta

[Innocenti]

I am claiming just over £500.

 

There has never been a case taken to court. The banks pay up at the last minute so I wouldnt worry about it. I dont know why they dont pay sooner as it would save on court fees and interest.

 

I dont think you would be able to stand in for your brother as it is your brother versus the bank.

 

But like I said it wont go to court, Barclays will pay up first.

[simonandjason]

hi,

 

just checking my records and it seems that i have not sent them the LBA,

 

we first asked for S.A.R. and with this they added to the letter that they were prepared to pay back only £60 as a gesture of good will!

 

we replied with this....

 

 

 

Response to settlement offer.

 

Dear Sir/Madam,

Thank you for your letter dated *******

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £120. (not including £18 kindly refunded in ****)

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

........

 

with that sent off they eventually sent a reply repeating they offer.

 

we are not after interest on this amount as it will be rather small in this case.

 

but if you think we should then we will need help as i am lost as to what i do to work out what interest is owed on this small amount.

 

also if it was to go to court date and they paid on that same day, (out of court?) would my brother still have to be there? or is it only the bank that has to be there to defend themselves, could my brother just not turn up, reason i ask is that my father is not happy that he might have to go, even if it is settled out of court, its not the point, my brother will not cope with it so my father says, i try to assure them that it should never go to court and if it does it will get sorted 99.999999999% of the time as they have all done it this way.

 

 

also my brother works long hours and would not be able to take time off work at all for any reason, he will be working throughout xmas!

 

thanks for your help.

 

[m55dlc]

As the sums of money in both of these cases are small and the case should be heard in the small claims court, the claimant is allowed to be represented by whoever they wish, which could well be you. There are a number of threads and external websites (Her Majesty's Courts Service - Home) where you can find out officially. I hope this helps