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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Archer V Monument **WON**


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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!!

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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

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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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

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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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.

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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???!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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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!)

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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!

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All advice is offered freely & without prejudice

 

 

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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

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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

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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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!!!

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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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

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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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

 

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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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! :D

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

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??

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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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!!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

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...

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

  • 3 weeks later...

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

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

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.

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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

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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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!

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

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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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.

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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.

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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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!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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