Monument, Please Help

[rinkydinkydoo]

ON THE 28TH FEB 2007 I SENT THEM A CCA REQUEST, THEY SENT ME THIS WITHIN THE 12 DAY LIMIT

[rinkydinkydoo]

ALSO THE FOLLOWING

[rinkydinkydoo]

[rinkydinkydoo]

IS THIS A CCA OR JUST THE APPLICATION, I,M CONFUSED

[rinkydinkydoo]

IS THIS A CCA OR JUST THE APPLICATION, I,M CONFUSED

I THEN POSTED THEM A LETTER STATING THAT IT WAS NOT A PROPERLY EXECUTED AGREEMENT.

[rinkydinkydoo]

TODAY I RECEIVED THIS LETTER, ADVICE WOULD BE GREATLY APPRECIATED

 

[rinkydinkydoo]

TODAY I RECEIVED THIS LETTER, ADVICE WOULD BE GREATLY APPRECIATED

 

I FEEL THEY HAVE CONTRADICTED THEM SELFS IN THE PARAGRAPH TYHAT STATES

WE HAVE GONE BEYOND OUR STATUTORY DUTY IN PROVIDING YOU WITH A COPY OF THE SIGNED APPLICATION FORM.

 

IN THE NEXT PARAGRAPH IT STATES,

AS WE HAVE ALREADY PROVIDED YOU WITH A COPY OF YOUR ORIGIONAL CREDIT AGREEMENT AND A STATEMENT OF YOUR ACCOUNT,

 

I HAVE NOT HAD A STATEMENT OF ACCOUNT, WELL I DONT THINK ITS IN THIS LOT OF LETTERS IS IT? THIS IS ALL IVE HAD FROM THEM.

 

I THINK ITS THE APPLICATION, THEY SEEM TO NOT BE ABLE TO DECIDE IF ITS EITHER ONE, CAN SOMEONE PLEASE ADVISE ME:???:

[rinkydinkydoo]

Wow Monument are quick off the ball in replying to my last letter, i received this letter this morning,

 

 

 

 

 

 

 

I have replied back to them as fast as them, lol, does anyone have any advice on this letter, i,m not giving in this easily

vbrep_register("688303")

[kennyparkroad]

hang tight, this is out of my depth, someone will be along shortly.

[pmhcfc]

Rinky-- I think they need another letter with sections 77 -79 of he CC Act typed out clearly to them Consumer Credit Act 1974 This version of the Consumer Credit Act 1974 has simply been scanned in from a printed copy. Cut and pasting never hurt anyone

[m55dlc]

Send them a letter back saying that this is the application form you signed, and it is not an agreement. If they continue to state that this is the agreement they hold, you note that it is not signed by Monument and that, they have not complied with sections 63.4 or 85 of the Consumer Credit Act 1974 and therefore you require consolidation of ALL interest and charges applied to this account since its inception to be returned forthwith.

 

Tell them that you welcome any court action they commence, as this will vindicate your position and you welcome the opportunity for a county court judge to pass judgement on Monument's rediculous claims that the application form provided is in any way an agreement as specified by the Consumer Credit Act 1974. Failure to do this forthwith will result in a claim from yourself for all interest paid to be returned.

 

Tell them that their stamp is conditional and therefore irrelevant in the eyes of the law. This is a pre-contractual piece of paper and is therefore worthless. It does not contain the prescribed terms and a judge will not be able to enforce it, as it is NOT an agreement.

 

As they will have to produce a copy of the signed agreement in court, give them 14 days to produce a properly executed agreement, after which time you will be filing a ### request under the Data Protection Act 1998 to get them to cease processing your data.

 

Go for the jugular on this one, there is nothing they can do and they know it.

 

(This is of course my opinion, but I'm sure others will concur).

[pmhcfc]

Send them a letter back saying that this is the application form you signed, and it is not an agreement. If they continue to state that this is the agreement they hold, you note that it is not signed by Monument and that, they have not complied with sections 63.4 or 85 of the Consumer Credit Act 1974 and therefore you require consolidation of ALL interest and charges applied to this account since its inception to be returned forthwith.

 

Tell them that you welcome any court action they commence, as this will vindicate your position and you welcome the opportunity for a county court judge to pass judgement on Monument's rediculous claims that the application form provided is in any way an agreement as specified by the Consumer Credit Act 1974. Failure to do this forthwith will result in a claim from yourself for all interest paid to be returned.

 

Tell them that their stamp is conditional and therefore irrelevant in the eyes of the law. This is a pre-contractual piece of paper and is therefore worthless. It does not contain the prescribed terms and a judge will not be able to enforce it, as it is NOT an agreement.

 

As they will have to produce a copy of the signed agreement in court, give them 14 days to produce a properly executed agreement, after which time you will be filing a ### request under the Data Protection Act 1998 to get them to cease processing your data.

 

Go for the jugular on this one, there is nothing they can do and they know it.

 

(This is of course my opinion, but I'm sure others will concur).

 

I'm in full agreement..that is to say that I concur

[rinkydinkydoo]

Send them a letter back saying that this is the application form you signed, and it is not an agreement. If they continue to state that this is the agreement they hold, you note that it is not signed by Monument and that, they have not complied with sections 63.4 or 85 of the Consumer Credit Act 1974 and therefore you require consolidation of ALL interest and charges applied to this account since its inception to be returned forthwith.

 

Tell them that you welcome any court action they commence, as this will vindicate your position and you welcome the opportunity for a county court judge to pass judgement on Monument's rediculous claims that the application form provided is in any way an agreement as specified by the Consumer Credit Act 1974. Failure to do this forthwith will result in a claim from yourself for all interest paid to be returned.

 

 

Tell them that their stamp is conditional and therefore irrelevant in the eyes of the law. This is a pre-contractual piece of paper and is therefore worthless. It does not contain the prescribed terms and a judge will not be able to enforce it, as it is NOT an agreement.

 

As they will have to produce a copy of the signed agreement in court, give them 14 days to produce a properly executed agreement, after which time you will be filing a ### request under the Data Protection Act 1998 to get them to cease processing your data.

 

Go for the jugular on this one, there is nothing they can do and they know it.

 

(This is of course my opinion, but I'm sure others will concur).

 

I have sent them a strong letter today reminding them what they are required to do and to provide to me, surely they know that they did not provide me with a properly excecuted cca,

[kennyparkroad]

can you post that letter here for ease of reference?

[rinkydinkydoo]

Here it is

 

Monument

The Portland Building

25 High Street

Crawley

West Sussex

RH10 1BG

 

xx.xx.2007

 

Dear Sirs,

 

A/c Number :

 

Thank you for your letter dated 2007, in a further reply to my request under Section 78 of the CCA 1974

 

You state in your letter that your obligation under section 78 of the CCA is to provide a copy of the executed agreement. You also say that you have gone beyond your statutory duty in providing a copy of the signed application form.

 

You have confirmed that you have supplied me with a copy of my application form for an account bearing my signature.

 

You also state that there is no requirement for this to be a facsimile copy or a copy which complies in every respect with section 61 of the CCA, please note the paragraph below with regards to Section 61 of the Consumer Credit Act 1974

 

By virtue of Section 61(1), a regulated consumer credit or consumer hire agreement is not properly executed unless:

 

• a document in the prescribed form, containing all the prescribed terms of the agreement and conforming to regulations under section 60(1), is signed in the prescribed manner by the debtor or hirer and by or on behalf of the creditor or owner;
  
• the document embodies all the terms of the agreement, other than implied terms; and
  
• the document is, presented or sent to the debtor hirer for signature, in such a state that all its terms are readily legible.

The copy of the application you sent me under section 61(1) of the Consumer Credit Act does not constitute a properly executed agreement on two counts;

• It fails to conform as it is not signed in the prescribed manner by the debtor and by or on behalf of the creditor.
  
• The document does not embody all the terms of the agreement, ie does not display the interest rate, credit limit, account number to which it relates.

As the agreement is regulated by the Consumer Credit Act 1974, it has not been executed properly, therefore making the debt unenforceable until such time you can provide a properly executed credit agreement signed by the debtor and creditor in line with Section 61(1) of the Act.

 

As you have not supplied a properly executed agreement you remain in default of my request dated 8 Jan 2007, under sections 77 (1) and 78 (1) of the Consumer Credit Act 1974 and this account remains in dispute.

 

You are also reminded that whilst a debt is in dispute you cannot take enforcement action against the debtor or pass/assign the debt for collection to another company.

 

Please be aware that as of the 20th April 2007, if you have not fulfilled my request you will have committed a criminal offence under CCA 1974.

 

I look forward to hearing from you soon.

 

Yours faithfully

 

A friend of mine gave this to me as they had sent the exact one to Monument and have not heard off them since, lets hope it has the same effect on them from myself,

Rgeards,

Rinkydinkydoo:D

[rinkydinkydoo]

Sorry this seems to be hard to read, dont know what I have done, only copied and pasted it from microsoft word, arghhhh

[KJD]

Here it is

Monument

The Portland Building

25 High Street

Crawley

West Sussex

RH10 1BG

 

xx.xx.2007

 

Dear Sirs,

 

A/c Number :

 

Thank you for your letter dated 2007, in a further reply to my request under Section 78 of the CCA 1974

 

You state in your letter that your obligation under section 78 of the CCA is to provide a copy of the executed agreement. You also say that you have gone beyond your statutory duty in providing a copy of the signed application form.

 

You have confirmed that you have supplied me with a copy of my application form for an account bearing my signature.

 

You also state that there is no requirement for this to be a facsimile copy or a copy which complies in every respect with section 61 of the CCA, please note the paragraph below with regards to Section 61 of the Consumer Credit Act 1974

 

By virtue of Section 61(1), a regulated consumer credit or consumer hire agreement is not properly executed unless:

 

• a document in the prescribed form, containing all the prescribed terms of the agreement and conforming to regulations under section 60(1), is signed in the prescribed manner by the debtor or hirer and by or on behalf of the creditor or owner;
  
• the document embodies all the terms of the agreement, other than implied terms; and
  
• the document is, presented or sent to the debtor hirer for signature, in such a state that all its terms are readily legible.

The copy of the application you sent me under section 61(1) of the Consumer Credit Act does not constitute a properly executed agreement on two counts;

• It fails to conform as it is not signed in the prescribed manner by the debtor and by or on behalf of the creditor.
  
• The document does not embody all the terms of the agreement, ie does not display the interest rate, credit limit, account number to which it relates.

As the agreement is regulated by the Consumer Credit Act 1974, it has not been executed properly, therefore making the debt unenforceable until such time you can provide a properly executed credit agreement signed by the debtor and creditor in line with Section 61(1) of the Act.

 

As you have not supplied a properly executed agreement you remain in default of my request dated 8 Jan 2007, under sections 77 (1) and 78 (1) of the Consumer Credit Act 1974 and this account remains in dispute.

 

You are also reminded that whilst a debt is in dispute you cannot take enforcement action against the debtor or pass/assign the debt for collection to another company.

 

Please be aware that as of the 20th April 2007, if you have not fulfilled my request you will have committed a criminal offence under CCA 1974.

 

I look forward to hearing from you soon.

 

Yours faithfully

 

 

A friend of mine gave this to me as they had sent the exact one to Monument and have not heard off them since, lets hope it has the same effect on them from myself,

Rgeards,

Rinkydinkydoo:D

 

KJD

[rinkydinkydoo]

Thankyou KJD, Regards,

Rinkydinkydoo:)

[KJD]

My pleasure

 

Am watching with interest...

 

Good luck

[Dotty111]

Hi Rinkydinkydoo. Cant believe they are still trying to get away with it. I have a thread in the bank/other institutions forum Lady H v Monument. They have sent me exactly the same thing, a copy of a reply card which is obviously an initial application form. At least you got a copy of the conditions LOL I got bog all else. Have been having this fight with them since December when they went into default and I don't know how many letters later they are still insisting that they are right. They have even passed my account on to a DCA!!! how stupid can you get. Great letter do you mind if I use it to send to them as am running out of things to tell them. How long have you had the card. I have had mine over 7 years and I am therefore considering sending them a default notice under Section 85 of CCA. Good luck I think we will need it.

[rinkydinkydoo]

Hi Rinkydinkydoo. Cant believe they are still trying to get away with it. I have a thread in the bank/other institutions forum Lady H v Monument. They have sent me exactly the same thing, a copy of a reply card which is obviously an initial application form. At least you got a copy of the conditions LOL I got bog all else. Have been having this fight with them since December when they went into default and I don't know how many letters later they are still insisting that they are right. They have even passed my account on to a DCA!!! how stupid can you get. Great letter do you mind if I use it to send to them as am running out of things to tell them. How long have you had the card. I have had mine over 7 years and I am therefore considering sending them a default notice under Section 85 of CCA. Good luck I think we will need it.

 

Hi, ive just this moment got in from posting them their reply, i,m not going to give up, I will be be reporting them to the relevent authorities ASAP.

If you have cca them they are still in dispute, so leagally they CANNOT

pass your account on to a dca, keep at them, its the only way and DONT

back down, as they know they are in the wrong, they just try to scare you off with their standard reply letters,

 

Lets all stand united, LOL:D

[kennyparkroad]

lets all do a braveheart and moon them in a huge big line, i think then they'll get the idea that once we used to run scared

 

but now we know our rights, and are more organised than them.

 

We will stand, we will fight, we will get annoyed, but we can take pleasure in the fact that in the end we will screw them over more than they will us!

 

Kenny - Bored at work (can you tell lol)

[rinkydinkydoo]

lets all do a braveheart and moon them in a huge big line, i think then they'll get the idea that once we used to run scared

 

but now we know our rights, and are more organised than them.

 

We will stand, we will fight, we will get annoyed, but we can take pleasure in the fact that in the end we will screw them over more than they will us!

 

Kenny - Bored at work (can you tell lol)

LOL, you just brought a huge smile to my face, the idea of rubbing them up the wrong way gives me great pleasure.

[m55dlc]

Steady with the talk of rubbing people up eh? We're before the watershed!

[kennyparkroad]

Lol