Monument, Please Help

[grobbo24]

Rinky, if you have sent the last letter I gave you, then you should not hear anything from them. I am still waiting for a reply weeks after sending it.

 

They are quick of the mark normally as you have discovered with this last letter from them.

 

What everyone is saying is correct about it not be a proper Credit Agreement, as it does not contain all the prescribed details and it is only an application.

 

Don't worry just keep doing what you are doing, we are all here to help one another.

[pmhcfc]

Rinky- dont worry--that letter they've just sent is a pile of poo...I think you need to send them another letter and quote word for word the CC Act s77- s79 ...A bit of cutting and pasting never hurt anyone.. Consumer Credit Act 1974 This version of the Consumer Credit Act 1974 has simply been scanned in from a printed copy.

[Mike220359]

That letter is just a standard letter I've had one exactly the same, as I said before you have been supplied with acopy of the 'agreement' with Providian, not Monument. As someone else has said before on another thread the replies are a reflection of the standard of training and education that is afforded the people who work in customer relations. They probably have no idea what we as consumers are talking about when it comes to the law, and really they should transfer it up to the lehgal department, but of course if they do that they would lose the potential of getting commission. Notwithstanding the above in the long run it will actually cost the banks more in time and court costs. As the old proverb says (misquoted here) Mounument know the cost of everything but the value of nothing.

 

Mike

[debt_mountain]

If I were you I would

 

a) write 1 last letter saying that they have not suppliers a properly executed agreement and on the 1 months after the 12 days stop paying.

 

b) tell them any furhter letters / calls will be treated as harrassment unless the CCA request is fullfilled

 

If they have lodged a default against you on your credit file start hassling them to have that removed and if they refuse take them to court to remove it

 

Deffinately go after them for any charges, it will agrivate them, but that is a good thing.

 

Most of all have fun!!

[rinkydinkydoo]

That letter is just a standard letter I've had one exactly the same, as I said before you have been supplied with acopy of the 'agreement' with Providian, not Monument. As someone else has said before on another thread the replies are a reflection of the standard of training and education that is afforded the people who work in customer relations. They probably have no idea what we as consumers are talking about when it comes to the law, and really they should transfer it up to the lehgal department, but of course if they do that they would lose the potential of getting commission. Notwithstanding the above in the long run it will actually cost the banks more in time and court costs. As the old proverb says (misquoted here) Mounument know the cost of everything but the value of nothing.

 

Mike

I think your right, its so annoying to have t keep getting such codswallop off them:)

[rinkydinkydoo]

I am in dispute with Monument have ben in correspondence with them, they have sent me what they say is an excecuted cca, but it clearly seems not to be, i received this letter this morning and am not sure what to do next, could you possibly give some ideas,

 

We write further to your letter dated.......

 

We have already sent you a legible copy of the monument conditions reflecting the origional agreement that you entered into with monument.

This represents a true copy for the purposes of the consumer credit (cancellation notices and copies of documents) Regulations 1983. It omits, as is permitted by the Regulations, the signature box and any notice of cancellation rights.

 

There is no requirement under the consumer credit act 1974 for us to certify and or to sign this copy agreement and we have not done so.

 

We have also previously sent you a copy of your signed application for your convenience. This is in addition to our obligations under the consumer credit act and demonstrates your agreement to the Monument conditions.

 

I regret your decision to withhold payment to your account, as we disagree with your legal analysis and view the debt enforceable.

As we have complied with our obligation under the credit consumer act, we regard the debt as enforceable and shall continue to pursue the outstanding debt in accordance with our standard recovery process. In the event that our payment requirements are not met, this may involve referring your account to a third party debt collection agency to recover the full balance.

 

the company was Providian when I initially dealed with them, not Monument, yes they sent a part of the application form, definately not the agreement, i have not said I will withhold payment, so they are wrong there, please do you have any help,

 

Regards,

Rinkydinkydoo:-)

[rinkydinkydoo]

Hi, I thought Id heard the last off these group of idiots, I have just received amletter off monument stating as of the 17th May they have sold the so called debt to Cabot financial, am I wrong in thinking that they cannot do this while it is in dispute. I proeeded to just ignore the loetter for now, then the phone calls started from Cabot, I have had 3 so far, on the third one I have told them I am not willing to pseak to them anymore, they will have to write to me, does anyone have any idea as to what I should do now, do I SAR Monument, or do I not need to as I have already done it with Monument, argggggggggggghhhhhhhhh,

help would be greatly appreciated,

[rinkydinkydoo]

I have CCA,D Cabot, they have returned my postal order and have said in a letter,

Cabot financial(UK) LTD, formerly Kings Hill (no .1) LTD, part of the Cabot financial group of companies, purchased the account from Barclaycard and therefore cabot is the legal owner.

The rights but not the duties were assigned to cabot in dealing with the account, therefore they are legally entitled to collect.

We will assist you in providing a copy of the agreement OF WHICH MONUMENT COULDNT, BUT please note we are not OBLIGED to as we are not the creditor. In view of the fact we are not the creditopr we are also returning the fee of £1 as this is not applicable.

We will also arrange for a copy of the notice of assisgnment to be forwarded to you, of which I have already been sent previous to this,

This letter constituteswritten notice of the assignment under section 25 of the law property act and therefore we have no need to provide a copy of the assignment deed itself.

 

PLease can someone advise me are they in the wrong, what should I be posting out to them now. ARGHHH I feel I,m going nuts, any help would be greatly appreciated,

Regards, Rinky:grin: