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    • Thank you, honeybee, noted.    I will change it 'please allow me'.. Also, I did not have a chance to buy any tickets yet, only on Wednesday upon my return home. They caught me on that Wednesday in the morning.   I can make a screen short for them of my season ticket in 2020 plus some evidence from contactless card that I was paying from my card for the transport. I was not using it quite often though as mostly was working recently from home.. Please advise re card's charges for TFL..
    • I personally wouldn't send it....regarded as tit for tat once litigation is in process...nor are you legally required to converse with the opposing party during the process unless it vis a mediation or the court has directed it.   Save anything  further for statement's or skeletons if directed by the court.   Andy.     .
    • Hi there, husband has had pay increase confirmed which would enable us to pay arrears plus interest on mortgage balance at this point.  He’s also waiting confirmation of a consultancy retainer which he may get today/tomorrow which would be another £1250 a month but obvs that’s not a certainty yet. Given that our income has now effectively doubled and will increase as we build our business back up, what do you think the chances are if judge letting us make these reduced payments while we continue to improve things when he’ll be able to see things are moving positively?  If we were able to change to an interest only mortgage with sale of property as repayment vehicle as is offered to other customers, we could easily afford it going forward plus pay extra on top even if we were relying solely on his employed job. The “only” sticking point is the arrears but if they were capitalised we’d be fine. We have more than enough equity to pay it all off and buy another property (we’re in a 5 bed atm so would be looking to downsize). Santander refusing to consider this or any other proposal other than full immediate repayment of arrears and possession even though they’ve not given us a written reply to our proposals of payment and change of terms (paras 5.5 and 5.6 of pre-action protocol). Their solicitors have also said that we haven’t made any proposals and that therefore they haven’t rejected any but a member of staff at Santander told me over the phone our proposal of interest only wouldn’t be accepted having in the same conversation told me that potentially an arrangement could be agreed. Funnily enough, having asked for a copy of phone calls made (after solicitors claimed they hadn’t been able to contact us), the recording of the day I discussed a potential temporary arrangement with regards interest only-part interest/part capital that could potentially halt legal proceedings was missing from the disc and “hadn’t been able to be traced” for some reason.   
    • So my bulleted defence is:   i)  No Defualt Notice served on Defendant by Original Creditor ii) failures by Original Creditor renders the assignment defective? iii) Service never provided by Provider... now liquidated iv) Claim should be dismissed   any more than that?    
    • @namedisplay  -  apologies if I missed it, but I don't think you had mentioned previously that you had had a complaint to the Ombudsman rejected?   Can I ask what was the nature of your complaint and how did the Ombudsman respond?
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Simon v Monument (no reply to letters)


simonandjason
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Hi,

 

It seems that we shall be going to court!

 

I have sent them all the letters as shown on this site, and now they have not replied to the last one about us getting the money back.

 

i know the next letter to send is

 

3. Letter before action - Consumer version - asking for it back - Consumer Action Group

 

Monument is offering to refund only £60 of the £120 that is owed.

they put this in the covering letter when sending out the S.A.R. to us.

 

but it is the court part i am lost on.

i have downloaded the zip file of the court bundle and have just read bits of it, they seem to be previous court settlement of a sort!

 

erm... where do i go from here?

 

not got this far before so need all the help we can get.

 

please can someone direct me to some links on this site that i should be looking at to help me get to the next stage of taking them to court and what is involved, i.e. the pros and cons.

 

 

thanks in advance.

 

 

Jason

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I have taken Monument to court, they have till Wednesday to acknowledge it. They never replied to one of my letter, nada, zip, nothing. All I did was download a version that you use to take a bank to court and changed it to suit a credit card. I used the templates out of the library and changed them.

 

I think the only con with taking them to court is that they could close your account with them.

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I have this letter to sort out before sending it.

 

3 letter before action....

 

but what i need to know before doing this is what i need to do after this letter is sent and they do not reply, what are the next steps after that...

 

the part where i actually take them to court, i have to think that it will go to court, as it might just go!

 

what are the steps i should look in to before sending this letter saying that i will take them to court if they do not give back the money owed.

 

what do i do to set up a court date and where should this court session be held and how do i go about setting this up too.

 

even if i do not need to i still think i should look in to this before hand.

 

yes the bank may want to close the account if it goes to court, but if they do this the court then will ask for the same info that was asked by the bank, financial breakdown and the court will say that i can only give say £20 a month and not the £40 i am paying at the moment. and the court will have the interest dropped too, as the moment i have no interest or charges for the time being, but at some time it will start adding interest again when the account is in some sort of order.

 

so if they do close it they will lose even more, so i do not think they will do this, but then again they will be doing us a favor as it means that if the court says i pay less the others banks get more!! so we win yet again and i think monument will know that!!

 

Jason

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