Archer V Monument **WON**

[shane5408]

lol lol

yea i know what u mean about the "CCA"

well i hope u get to call the bailiffs in shane cos that would be fantastic!

i dont blame them for selling the debts off i would if i were in their shoes considering all the facts.

it is def a timebomb

 

 

I'm hoping i can get bailiffs involved too, though from what i understand if i use court appointed ones it can take weeks before they actually are authorised to go to the premises by which time i assume monument will have paid up. What i might do is use a third party debt collection agency, that way all they need is an order of judgement from the court to turn up at monuments premises and demand them to pay up, might even tell the local press to come and cover it, wouldn't it be nice to see that on the front page of the news!!

[archer_66]

it definitely would as well! you'll have to post a link on it if that happens! i was going to go for my charges back but theyll just be used to pay off the balance so i dont see the point unless they produce the CCA (lol) if i could get the money i would do it cos its nearly 500

[archer_66]

ok ive heard off trading standards and you are all going to love this!

she said she has spoken to monument,they have agreed to send her a copy of the CCA that they provided me with in march.i told her that this was just an application form and not what i had asked for and that there was no signature on it etc.she said i was still liable to pay it and that they could take me to court as they had only committed a "technical offence" im sure people have gotten away with murder due to a technical fault!!

she said she would be in touch when she had received it .

ok where do i stand now??

i shall be pursuing the charges now

i cant get my head round the contractual interest which i would love to slap on top.I wouldnt know the interest rates either as I dont have a card and havent had one for some yrs

[shane5408]

ok ive heard off trading standards and you are all going to love this!

she said she has spoken to monument,they have agreed to send her a copy of the CCA that they provided me with in march.i told her that this was just an application form and not what i had asked for and that there was no signature on it etc.she said i was still liable to pay it and that they could take me to court as they had only committed a "technical offence" im sure people have gotten away with murder due to a technical fault!!

she said she would be in touch when she had received it .

ok where do i stand now??

i shall be pursuing the charges now

i cant get my head round the contractual interest which i would love to slap on top.I wouldnt know the interest rates either as I dont have a card and havent had one for some yrs

 

 

just when i was starting to have faith in trading standards they go and pull this! Technical offence! Unbelievable. There is another thread similar to yours where the claimant before contacting the courts made a complaint to a third party, in this case the FOS; unfortunately they found in favour of the banks. this leads me to believe you will only get a true result based on the law (which is heavily in our favour) if your case is heard before a judge. I would begin preparations to file an N1 for non compliance and the fact that the debt is unenforcable.

[archer_66]

well to be truthful the third parties seem to favour the large companies ,ive contacted the IC and TS and neither of them seem to be bothered with the laws that are being flouted.

in fact TS encouraged me to pay the alleged debt to monument???!

[runnycustard]

someone on the MSE site went to court today and the judge put a 'stay' on her Monument Credit Card case!!!!

I had thought that credit cards were different to the banks test case!

 

is this a individual judges decision or will it now be country wide!?!??!

 

Monument ignore 22 letters from me and they told me I was under my limit for 8 months when in fact I wasn't - the monthly DD didn't cover the min payments yet they never told me - didn't send statements for a year! and they put the phone down on me whenever I call - I'm very polite so there is no reason to do that! and the amount hasn't gone down for 2.5 years despite extra payments, large one offs but now on payment plan but the interest is the same as the payments so it will never go down - oh, annual charge (twice in one year??!?!) is added so it will go up!

I'm not paying £500 for their error! two way contract - not just one side!

really annoyed!!!! (court date is the 6th Sept!)

[shane5408]

someone on the MSE site went to court today and the judge put a 'stay' on her Monument Credit Card case!!!!

I had thought that credit cards were different to the banks test case!

 

is this a individual judges decision or will it now be country wide!?!??!

 

Monument ignore 22 letters from me and they told me I was under my limit for 8 months when in fact I wasn't - the monthly DD didn't cover the min payments yet they never told me - didn't send statements for a year! and they put the phone down on me whenever I call - I'm very polite so there is no reason to do that! and the amount hasn't gone down for 2.5 years despite extra payments, large one offs but now on payment plan but the interest is the same as the payments so it will never go down - oh, annual charge (twice in one year??!?!) is added so it will go up!

I'm not paying £500 for their error! two way contract - not just one side!

really annoyed!!!! (court date is the 6th Sept!)

 

 

judge ordered a stay on a credit card case:o i was under the impression only bank charges claims were being stayed! me thinks the judge had an off day!

[Castlebest]

Hi I've just had my N1 against monument for my wifes card charges claim returned by the court for two reasons

 

1. I failed to put Mrs in front of Elisabeth Rita Castelbest (name changed)

 

2. I just put "Monument" and the registered office as the defendant.

 

The court sheet says "Please clarify if the business is Ltd, PLC, a firm, LLP or an individual trading as."

 

What have other people called Monument on their N1's? (clean answers please )

 

Monument Credit Services maybe ?

 

Pete

[Mike220359]

Hi I've just had my N1 against monument for my wifes card charges claim returned by the court for two reasons

 

1. I failed to put Mrs in front of Elisabeth Rita Castelbest (name changed)

 

2. I just put "Monument" and the registered office as the defendant.

 

The court sheet says "Please clarify if the business is Ltd, PLC, a firm, LLP or an individual trading as."

 

What have other people called Monument on their N1's? (clean answers please )

 

Monument Credit Services maybe ?

 

Pete

 

It should be 'Barclays Bank plc trading as Monument' and the address should be Barclays address in London, Churchill place ( I think). If you have been told that the account has been taken over by Raphaels Bank it should be 'Raphaels Bank trading as Monument' and there head office address which I think is in Aylesbury.

 

Mike

[chancer1]

Easiest thing to do is ring 01293 802473 - monument customer relations - I just did and they advised that my LBA needs to go to the portland building address - my account is with compucredit apparently!!!

[shane5408]

Easiest thing to do is ring 01293 802473 - monument customer relations - I just did and they advised that my LBA needs to go to the portland building address - my account is with compucredit apparently!!!

 

 

gotta love the irony in that!

 

''Yes hello, I want to sue you, tell me the address to send my papers to...

 

''Ofcourse sir, please Send them to ... Can i help with anything else sir!''

 

PS I put just Monument on my Claim and put the portland building address down, went through fine!

 

regards,

shane

[Vulture_Bank]

Hi I've just had my N1 against monument for my wifes card charges claim returned by the court for two reasons

 

1. I failed to put Mrs in front of Elisabeth Rita Castelbest (name changed)

 

2. I just put "Monument" and the registered office as the defendant.

 

The court sheet says "Please clarify if the business is Ltd, PLC, a firm, LLP or an individual trading as."

 

What have other people called Monument on their N1's? (clean answers please )

 

Monument Credit Services maybe ?

 

Pete

 

 

BARCLAYS BANK PLC T/A MONUMENT

 

[Castlebest]

Many thanks all, apologies to archer for hijacking her thread maybe I should use a scantily leather clad female in my avitar

 

pete

[archer_66]

lol castle beast!

i dont mind u hijacking my thread,all knowledge helps!

and i heard the judges (some of them anyway) were getting confused and putting stays on the credit card cases...they were already dealt with last yr,i think some judges are a bit confuddled!

[archer_66]

and trading standards answer for my problem..........monument have sent them a copy of a CCA appaerntly the same one they sent me(theirs doesnt have reply card on the top so that was wrong) and they say they cant help me further on the matter ,however they then went on to say that if i wanted a signed copy i would have to take them to court!! so im gathering from that,that monument have sent them a blank CCA ??? what on earth happened to TS and such agencies being there to protect us the consumer??

[archer_66]

ok received the stuff that TS had recieved from monument......it is a copy of separate terms and conditions that ive never had and ..... a copy of the reply card.....and TS have said theres nothing more they can do for me as monument have sent out the terms and conditions......I really cannot see why monument are getting away with this but i will be in the process of claiming charges back soon and that should cover the amount hopefully!!! im determined to get rid of this one way or the other!!

[archer_66]

sent by recorded delivery this morning is my first letter asking for my charges back stating amounts and giving normal time to respond.not expecting much back just the usual.but i have been told in the past by monument that they dont send out one off letters !!! this was in response to my wanting my phone number taken off the records...

[archer_66]

had standard reply saying blah blah only offering the difference between the £12 and the actual amount they took,letter will be going off tomorrow

[runnycustard]

keep going archer - I got the full refund this week! £500 with interest and court cost on top! I never thought it would happen.

 

Court date was for yesterday and last Friday I got the letter saying court was a waste of everyone's time and money (but they are still blame free!).

 

I would send LBA and then start mycol in next week if I were you.

 

Good luck and keep going.

[chancer1]

similar story - wrote 2 or 3 times - always got the same response - will only pay difference from 12 and will not refund any 12 fees - did MCOL yesterday

[runnycustard]

which is what happened to me too... they even sent a letter saying they will not enter anymore correspondence with me and the court will decided (which did worry me! and someone else went to court and had a stay entered!) but for some reason I got the refund.

 

In total I sent 6 letters - I only got 3 letters back - 2 saying no and the last one saying 'we are not talking to you ever again'

 

I don't think you will lose anything by carrying on with your action... either the test case will say that they have to refund the £12 difference or they pay the whole lot like they did mine.

 

I hope you get a good response... I have to say it feels very good to have got rid of the Monument card - forever!

[chancer1]

I thought the test case was for Banks - nothing to do with credit cards

[runnycustard]

I thought the test case was for Banks - nothing to do with credit cards

 

yep me too and so did the person who had the stay put on her case!!!

But apparently the judge felt it was the same for credit cards!

It certainly worried me as I've been trying to sort out this Monument card for 2.5 years and couldn't stand the thought it was going to go on for another (approx) year!!!

 

hopefully the fact that I got a refund will mean that there's is a chance for others to get the same result.

 

There is someone else on this forum and MSE (Shoe) who had a court date today and I've yet to hear if they got a refund or had to go to court.. we were keeping each other updated .. my court date was for yesterday... I hope she got the refund.

[chancer1]

Just a little update - got an acknowledgement of service letter this morning - appears they responded immediately and intend to defend the claim - so 28 days to receive a defence.

[archer_66]

well i shall try my best to get this money back as it will clear what i owe,and cap one did the same.and then paid up! but barclays are the most stubborn and as monument is now barclays the same goes for them too!

nothing ventured nothing gained as they say!