Credit AGREEMENT -or- APPLICATION? RBS Advantage Card

[mrxxxmas]

thanx peeps

 

would you send the letter to monument or mercers, or both, asking once again for the agreement, the deadline for the cca is tomorrow, should i give them extra time or threaten them with someone ie oft ts ico, because like i said, no agreement, no right to give to third parties such as mercers or sell on, also mbna's deadline is tommorrow too, and i've heard nothing from them at all, they received their letter 15th march and i know they cant have an agreement i never signed one! it was done online...

 

mrxxxmas

[diskmandave]

Actually more satisfying than any of the others. I haven't had so much fun in years watching these large organisations tie themselves up in knots!

 

I used to have a "special place" where I used to hide my mail...! These days I can't wait to get home to see what !@@! they're sending me! LOL!

 

Brilliant! I've just rep'd everyone on this page

[zubo]

thanx peeps

 

would you send the letter to monument or mercers, or both, asking once again for the agreement, the deadline for the cca is tomorrow, should i give them extra time or threaten them with someone ie oft ts ico, because like i said, no agreement, no right to give to third parties such as mercers or sell on, also mbna's deadline is tommorrow too, and i've heard nothing from them at all, they received their letter 15th march and i know they cant have an agreement i never signed one! it was done online...

 

mrxxxmas

 

Santa

 

Do not ask again. The Act is quite specific in its timeline and you should to.

Issue them recorded mail with a formal Default notice.

 

Dear sirs,

 

You have now failed to comply with my lawful request for a true copy of my agreement in accordance with the Consumer Credit Act 1974.

 

You are now formally in default and cannot enforce the agreement.

 

This means that you cannot make any charges against the agreement nor charge any interest, you cannot default the agreement nor share any data related to this agreement with any third pary. Any defaults which you may have raised must be immediately removed. Any attempt to enforce this agreement is unlawful.

 

Finally you have committed a criminal offence and it is my intention to report you to the appropriate law enforcement agency and to the OFT as an organization not fit to hold a license to trade in Financial Services and report you to ICO for breaches of the Data Protection Act.

 

YS

 

Z

[ladybird17]

as I read this, the letter was sent 15th March - they have not committed an offence at this stage, it's just the 12 says that have passed.

[zubo]

as I read this, the letter was sent 15th March - they have not committed an offence at this stage, it's just the 12 says that have passed.

 

oops thanks ladybird - not awake yet.

 

In that case do NOTHING - if they are not aware of the timeline why should you remind them.... THEN when it expires by say 2-3 days hit them with the letter!!

 

Z

[kennyparkroad]

yeah let them hang with the rope you supply

[m55dlc]

Santa

 

Do not ask again. The Act is quite specific in its timeline and you should to.

Issue them recorded mail with a formal Default notice.

 

Dear sirs,

 

You have now failed to comply with my lawful request for a true copy of my agreement in accordance with the Consumer Credit Act 1974.

 

You are now formally in default and cannot enforce the agreement.

 

This means that you cannot make any charges against the agreement, you cannot default the agreement nor share any data related to this agreement with any third pary. Any defaults which you may have raised must be immediately removed. Any attempt to enforce this agreement is unlawful.

 

Finally you have committed a criminal offence and it is my intention to report you to the appropriate law enforcement agency and to the OFT as an organization not fit to hold a license to trade in Financial Services and report you to ICO for breaches of the Data Protection Act.

 

YS

 

Z

You forgot to mention they cannot charge interest!

[mrxxxmas]

thank you all,

i've hit ur scales

 

best of luck too all of you

mrxxxmas

'eres to hoping christmas comes early this year...lol

[redsue]

Hi everyone - I've just come across this thread about another Monument Card - can anyone help rinkydinkydoo?

 

http://www.consumeractiongroup.co.uk/forum/general-debt/77390-monument-please-help.html#post677663

 

me thinks Monument are telling porkies

[kennyparkroad]

having a look now.

[zubo]

You forgot to mention they cannot charge interest!

 

thats what i said diddle i....

 

being a bit lazy with typing this out so I just edited it in ... by charges I meant ANY charges including interest...

 

Z

[m55dlc]

thats what i said diddle i....

 

being a bit lazy with typing this out so I just edited it in ... by charges I meant ANY charges including interest...

 

Z

That's why I didn't jump on you, I gave you the benefit of the doubt:)

[redsue]

Hi everyone - I've just come across this thread about another Monument Card - can anyone help rinkydinkydoo?

 

Monument, Please Help

 

me thinks Monument are telling porkies

 

thanks guys for your speedy help

[redsue]

Could someone please take a look at Eggs response to my CCA request when they get a chance as I don't think this fully complies.

 

http://www.consumeractiongroup.co.uk/forum/egg/77119-redsue-egg.html#post689519

 

any help and advice much appreciated

[mrxxxmas]

this is the letter going to monument, any comments please...

 

Dear Sirs,

 

 

You have now failed to comply with my lawful request for a true copy of my agreement in accordance with the Consumer Credit Act 1974. I did not ask for a signed application form, I would like to see the agreement with terms and conditions, both our signatures, APRs’, monthly payments, length of payment etc., also, the card changed in 2002 to Monument from Providian (signed agreement please), and the new card was issued in 2005 (signed agreement please), and my original T&C’s from Providian, not Monument, plus deed of assignment, to transfer to Monument 2002. Without these you do not have a properly executed agreement for this account and it is unenforceable.

 

 

You are now formally in default and cannot enforce the agreement.

 

 

This means that you cannot make any charges against the agreement, you cannot make any interest on the account you cannot default the agreement nor share any data related to this agreement with any third party, including the sale of the account. Any defaults which you may have raised must be immediately removed. Any attempt to enforce this agreement is unlawful.

 

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

You have 30 days to send me my true copy of my agreement before you commit a criminal offence and it is my intention to report you to the appropriate law enforcement agency and to the OFT as an organization not fit to hold a license to trade in Financial Services and report you to ICO for breaches of the Data Protection Act.

 

Please do not respond with the usual kind of standard reply I have read them all on “The Consumer Action Group Forum”, I want this dealing with as a matter of urgency, the conversation with a member of Mercers prompted this response, I was disgusted with the attitude of said member, and he obviously didn’t know or understand my rights as a consumer, strangely enough, if I hadn’t been made redundant, I wouldn’t have got into trouble with this account, I wouldn’t have found the forum, and I wouldn’t have known my rights, so for your future reference, try to deal with peoples circumstance more sympathetically such as Capital One, who have given me 6 months to pay £1 per month, with no charges or interest added, they said if the circumstances didn’t change they would give me another 6 months agreement….

 

I will not deal with Mercers anymore, any further telephone conversations will be treated as harassment and the protection letter “Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997” “Communications Act (2003) s.127” will be sent to all concerned.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance.

 

 

Yours Mr Xxxmas

[kennyparkroad]

i thought with credit cards, they didnt have to give you a new agreement to sign everytime you got a re-issue or a new card to the account?

[mrxxxmas]

it may be my mistake, but i thought i'd read some where on here, that whilst they dont have to send it with the card they do have to have one completed within 7 days of card, maybe not, can someone clarify please?

 

mrxxxmas

[mrxxxmas]

and what about the change from Providian to Monument...

 

mrxxxmas

[InKogneeToh]

Hi

 

The lender is not required to enter into a new agreement with you every time a new card is issued. They are simply required to send with the new card a copy of the original agreement. Many do not seem to be doing this and this is being discussed, along with many other agreement issues in the 'Consumer Credit Act Agreement' thread.

 

Regards, Pam

 

Regards, Pam

[ladybird17]

I wonder mrxxmas, why you are writing to them now, rather than waiting until an offence has been committed ?- this will purely alert them to the fact that you are willing to act upon non-compliance and may send them rushing round trying to come up with the agreement (if indeed they do have one) - the debt becomes enforceable once the original agreement is supplied. If after (NB) one calendar month (not 30 days) they haven't supplied it then further options open up for you, including the court option - now in the event of them not having them the agreement then they are unlikely to want to stand up in court and admit there is no agreement - and if they do have an agreement which they supply in court, then you've got disclosure issues which judges tend to take a dim view of.

[InKogneeToh]

this is the letter going to monument, any comments please...

 

Dear Sirs,

 

 

You have now failed to comply with my lawful request for a true copy of my agreement in accordance with the Consumer Credit Act 1974. I did not ask for a signed application form, I would like to see the agreement with terms and conditions, both our signatures (the creditor does not have to include the signatures or name/address of the borrower on a copy under this request), APRs’, monthly payments, length of payment etc., also, the card changed in 2002 to Monument from Providian (signed agreement please), and the new card was issued in 2005 (signed agreement please), and my original T&C’s from Providian, not Monument, plus deed of assignment, to transfer to Monument 2002. Without these you do not have a properly executed agreement for this account and it is unenforceable. (There would not be a new signed agreement each time a card is renewed, they are just required to send a copy of the original one. Also a creditor has NO legal obligation to send a copy of the Deed of Assignment under a CCA request. They would only have to produce it in court (IF challenged) to prove ownership of the debt.)

 

 

You are now formally in default and cannot enforce the agreement.

 

 

This means that you cannot make any charges against the agreement, you cannot make any interest on the account you cannot default the agreement nor share any data related to this agreement with any third party, including the sale of the account. Any defaults which you may have raised must be immediately removed. Any attempt to enforce this agreement is unlawful.

 

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

You have 30 days to send me my true copy of my agreement before you commit a criminal offence and it is my intention to report you to the appropriate law enforcement agency and to the OFT as an organization not fit to hold a license to trade in Financial Services and report you to ICO for breaches of the Data Protection Act.

 

Please do not respond with the usual kind of standard reply I have read them all on “The Consumer Action Group Forum”, I want this dealing with as a matter of urgency, the conversation with a member of Mercers prompted this response, I was disgusted with the attitude of said member, and he obviously didn’t know or understand my rights as a consumer, strangely enough, if I hadn’t been made redundant, I wouldn’t have got into trouble with this account, I wouldn’t have found the forum, and I wouldn’t have known my rights, so for your future reference, try to deal with peoples circumstance more sympathetically such as Capital One, who have given me 6 months to pay £1 per month, with no charges or interest added, they said if the circumstances didn’t change they would give me another 6 months agreement…. (Have you already admitted this debt to them then? - because if not, you are doing so here by referring to 'your account'! . Also I would leave out this paragraph entirely as it shows that they are bugging you and you should give the impression that you are calm. well informed and in control!)

 

I will not deal with Mercers anymore, any further telephone conversations will be treated as harassment and the protection letter “Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997” “Communications Act (2003) s.127” will be sent to all concerned.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance.

 

 

Yours Mr Xxxmas

 

Hi

 

Please see my comments above. No disrespect to you intended, but I am very concerned that some members are not fully reading up on, or sometimes just not understanding the relevant legislation and how/when it applies to each individual case.

 

Letters to these people MUST be factual, concise, legally relevant to the circumstances and assertive without making any threats that may not be actionable.

 

Otherwise we are just playing into their hands and they will disregard us as not knowing what we are talking about!

 

Regards, Pam

[ladybird17]

Hi Pam - I suggested that the letter NOT be sent at this stage - it looks like a sort of knee jerk reaction? - any comments? (and I agree with all your amendments, of course!)

[davefirewalker]

Just had a reply back from UN-Welcome finance.... They sent me everthing I asked for in my cca request, and I thought I was screwed. Until I studied it.

 

I was going to be willing to repay the original loan before they started adding admin charges etc and told them that their agreement was Suspect ...... half expecting a battle...but they wiped the whole £2k+ off.... and they informed the CRA's as well "debt settled" ? ? ? ? ?

 

can post the agreement if anyone wants to look

 

 

Dave

[The Lantana]

Please do post it davefirewalker.

 

Regards

 

Lantana

[ladybird17]

well hey ho Dave - yes please!!