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monument £12 charges


alix2
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Hi does anyone know if a Credit card charges £12 can I still claim it back as I sent Monument a SAR and from Aug 2006 they were charging £12 down from £24 on previous months for late charges etc

Many thanks

 

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Simply put YES.

The OFT's comments were just that.

They are not enforceable in law, just means that they wont investigate charges below this rate.

 

Doesn't mean that they reflect the true cost of these transactions.

They are still UNFAIR.

 

So basically CLAIM THEM..

 

I'm having a similar problem with these "people" over the same issue.

LBA goes out tomorrow, so will arrive nice and fresh on monday morning ;)

 

14 day count down starts then.

Be VERY careful whose advice you listen too

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Thanks Curlyben I am also trying to put together the schedule of charges and on the spreadsheet has 8% but on the statements I was charges 2.333% per month so what do I put on the spreadsheet as in not to familiar with APR workings etc

Many thanks

Alix2

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It’s a bit hard to work out as it seems that I was charged interest on the interest. So as the debt grew they charged me not only on the charges, but interest overall so I am wondering if any one has advise on how to list it. I am thinking it would be good just to list the interest 1 at a time direct from the statements or is this not a good way of doing it ?

 

im confused :?

 

Thanks

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no, use vamp compounded contractural interest spreadsheet

does it all for you

 

dx100uk;)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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go here:

VAMPIRESS'S CHAMBER

and use no.13.

int will be monthly from statement * 12

 

dx100uk:o

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the help but I do have another 2 questions. I am filing out the prelim letter to request the charges but I know I owe them and am not disputing this. However I am not willing to pay £1100 on a credit card that had a £250 limit so I have the following questions, please help so I can complete the prelim letter.

 

1) on the claim date for the spreadsheet to work out the interest I put the date they sold the debt to debt collection agency as they stopped adding interest then is this right as I don’t want to try and over-request as this may cause me to loose if it goes to court.

 

2) The total amount claimed should I reword the standard letter to ask them to reduce it from the overall balance as the standard letter asks for payment to be made to me and was thinking that would be better to ask them to reduce the amount they say is owed.

 

Thanks again

 

Alix2

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they have still had the money from you

just because they are now not charging int, YOU can,

 

How and to what purpose you put the refund is your choice.

most people have other debts aswell and 'spread a win around'.

if you wish it to come off your A/C then tell them that

 

dx100uk;)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Hi again I have now got a letter offering half claimed which I am not going to accept it also says final offer but I want to be nice and give them a final opportunity but was wondering if anyone could look over my new letter to see if its ok as i have amended the original quite a bit to suit so please here goes

 

 

 

25 April 2007

 

LETTER BEFORE ACTION

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxx

 

 

 

I am very disappointed that you have failed to agree to my letter of the xx April 2007. However though you said that was your final response I thought it only fair to advise you of my next course of action before I do so, therefore giving us a chance to resolve this matter between ourselves rather than in a court of law. I now understand that the regime of ‘fees’ that you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract that you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner that complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £xxx.xx plus £xxx.xx that you have charged me in interest for the sum that you have taken. Total £xxx.xx I am enclosing a copy of the schedule of the charges that I am claiming. I have already sent you a copy of this in my original letter of the xx April 2007

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you caused directly by the taking by you of penalty charges that you had applied unlawfully to my account. In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. By repayment we will accept the deduction of the debt with Cabot Financial Europe Ltd and we will then pay the balance of £xxx.xx in full to either yourselves, or them therefore totally closing this matter in full. If you do not comply fully within 14 days (from the date this recorded letter is signed for) then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Please also be aware I will not be willing to accept a partial payment nor will I write to you again if that is what you offer me and will proceed to lodge my action in the courts.

 

 

 

many thanks

 

alix2

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  • 1 month later...

I am in the process of taking Monument to court for charges made on an account of an old credit card it only had a £250 limit but debt grew to £1010 out of which I am claiming £900 charges and interest and also have made a previous payment for £75 to DCA so I owe £35!! I have sent a letter saying that the debt is in dispute and now the nice people at Cabot have sent a letter saying :

 

Dear Alix2,

 

We refer to your letter dated xx May 2007.

 

Thank you for advising us of your dispute with Monument regarding the charges placed on this account. We have noted your account accordingly and will await feedback from Monument. In the interim, please contact us to discuss a suitable repayment plan that is in line with your current financial circumstances.

 

We look forward to hearing from you soon.

 

Yours sincerely

 

Emma Robertson

Customer Relations Department

Cabot Financial (Europe) Limited

Cabot Financial (Europe) Limited is licensed under the Consumer Credit Act 1974.

 

Are these people for real and do i need to call them as i work out we will remain a debt of £35?

 

Many thanks

 

Alix2

 

 

ps they are also calling and demanding money but I will send a letter to stop that too

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NEVER phone them. They can later deny everything that was said. You must ensure that you ONLY communicate with them in writing. All correspondence sent by you should be either recorded delivery or special delivery.

 

It is also worth noting that they can not lawfully pursue a debt while it is in dispute. Please read the sticky on OFT Debt Collection Guideance.

 

Pursuing a debt while in dispute could be construed as harassment, I would refer you to The Administration of Justice Act 1970 section 40 Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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They did the same thing to me, they wanted a goodwill payment of £100.00 per month until the dispute was settled, i offered them 50p per month as a goodwill payment. not heard anything since:) .

always remember when dealing with these people they will nearly always try anything to get money out of you, just stick to your guns

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God damn it! i have the same problem with robinson way & co but they told me i had no right to dispute the debt and that it would COST ME money to dispute the debt, sonofab*t*ch

 

:mad:

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

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Yes, they are quite right it will cost you money to dispute the debt. The price of a £1 postal order for a CCA request and the cost of sending your letter recorded delivery. £10 for a SAR - which you can later claim back.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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