Brad v Monument

[Brad Smith]

really archer? that's interesting, my account has been clear for nearly 3 years and I still have the original agreement from when I got the card with Providian in 2000 (my ex was a bit more organised than me!).

 

am i right in thinking that if they can't supply you with the original agreement that the debt is null and void? Obviously that's irrelevant to me regarding monument, and probably not quite as "cut and dried" as all that, but interesting nonetheless

[archer_66]

its supposed to be if they cant provide a signed agreement within 12 days then the account goes into default for 30 days.at this time they cant ask for payment on it.after 30 days its a criminal offence on their part.but the general idea ive got on here reading round is if theres no agreement then theres no debt.only a court can enforce it if they take it to court and then they might have a hard time proving the debt with no agreement.ive done this with quite a few debts.catalogues and cards

[Brad Smith]

right...rejection letter went out today...LBA next week

 

we're cooking on gas now

 

kinda

[Brad Smith]

filed MCOL today...waiting game now

[archer_66]

well done brad,lets see what theyre going to do?!

[Perseus]

am i right in thinking that if they can't supply you with the original agreement that the debt is null and void? Obviously that's irrelevant to me regarding monument, and probably not quite as "cut and dried" as all that, but interesting nonetheless

 

its supposed to be if they cant provide a signed agreement within 12 days then the account goes into default for 30 days.at this time they cant ask for payment on it.after 30 days its a criminal offence on their part.but the general idea ive got on here reading round is if theres no agreement then theres no debt.only a court can enforce it if they take it to court and then they might have a hard time proving the debt with no agreement.ive done this with quite a few debts.catalogues and cards

 

It's very in-depth, as the mammoth thread 'Consumer Credit Act Agreements' will show (about 380pages worth!)

The CCA in short, allows 12 working days from receipt.

If it is not received by then, they are default of your request under the CCA.

If after 1 calendar month they have still not provided it - they have committed an offence under the CCA.

It's not quite as straight forward as - no CCA - no debt.

If after repeated requests, and/or receiving an incomplete or irrelevant agreement (one that has insufficient precribed terms etc), you can place he account in dispute, complain to the Trading Standards, threaten the creditor with 'If you have no agreement for this alleged debt, I will refuse to make payment etc' - but as I say, there is a lot more to it!

It's a useful request to show when you opened an account, if you requested PPI on it, what the terms of the agreement were - as well as the above.

A long read, but the more recent pages are up to date and very informative.

Shouldn't stop you in requesting it tho!.

By the way - all the best Brad!!

Pers

[Brad Smith]

received notification from court that monument intends to defend all the claim...ho hum

[archer_66]

ah well its waiting time then ! you might get your AQ then soon.....the end is nigh!

[Brad Smith]

no defence from Monument and their 28 days was up on the 19th, so I'm going to request judgement

[Brad Smith]

hmmm just went to request judgement, but it says it's been defended and there's no further action I can take online. I haven't received a copy of the defence, but suppose that'll come shortly.

[archer_66]

GE done that to me filed the day after the deadline! just sit and wait for the AQ now

[Brad Smith]

Received notice that it's been transferred to local court and they have dispensed with the AQ. Suppose it's just waiting now.....

[shane5408]

good luck Brad, looks like you're a few steps ahead of me! Monument have until the close of business tomorrow to file an acknowledgement of service else they are in default.

 

are you claimin contractual interest on top of your charges?

 

 

shane

[Brad Smith]

cheers Shane, didn't claim contractual as it was a few years since i've used the card, so decided that if i got back the charges and simple 8% interest it'd be good enough.

 

they didn't bother with their defence until after the deadline, but seemingly that didn't matter with the court *sigh*

[shane5408]

they filed their defence after the deadline! that's ridiculous and the court should never have allowed it. Ah well, your closer than I to getting your money back!!