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alamand

MTB v providian now monument

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Hi

 

 

i have just recieved my reply for credit agreement.

 

 

What they have sent is a copy of the reply card with just my husbands signiture on it.

 

 

They have also sent a copy of the T & C,s but reading the reply card it states

" i HAVE READ CONDITION 22 OF THE T & C's"

but on the T & C they sent it only goes up to 15.4.

Could anybody tell me what is the next step please.

 

 

I have not recieved my statements yet but there is plenty of time left for these.

I sent for credit agreements because i have been on a DMP for 3 years and the debt has doubled in that time.

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I am assuming that the DCA is Monument and the original creditor is Barclaycard ? If so, the SAR should really have gone to Barclaycard in order to determine the charges applied to the account before it was passed to Monument.

 

You can still get some info. from your SAR to Monument though.... how much has been applied in charges since the account was transferred to them. Did you send the SAR by rec. delivery ? They have 40 days within which to comply with your request, which means that you now have to wait for them to send you all the data they have on you. The account is in dispute until they supply this information.

 

When you have received this information, you can then work out the unlawful charges that Monument have applied to the account and claim them back.... reducing the amount owing. If the debt has doubled since you first started repaying, it sounds as if these charges could wipe out the amount they claim is still owed by you.

 

If they haven't got a valid CCA, the account should be passed back to Barclaycard anyway.... an Application Form is not a CCA.

 

:)

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Monument isnt a debt collector they are the original lender. Providian was the lender which then changed to Monument.Yes i sent it recorded del.what should i do next.Thanks

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i think what you are saying is you took out a card with providen and then it changed to monument, is this correct? if so you would send your SAR to monument. Monument is actalluy part of Barclays and you will end up dealing with them but under the name Monument.

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Monument isnt a debt collector they are the original lender. Providian was the lender which then changed to Monument.Yes i sent it recorded del.what should i do next.Thanks

 

Wait and see what comes back and go from there...

 

:)

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yes i took the card out with providian now monument.

 

 

Do i send them anything because they have not sent a proper credit agreement or wait till i get my statements.

 

 

I read somewhere that if they dont send proper agreements you have send them a letter saying they are in default

and after another 30 days it is a criminal offence.

 

 

D o i send a letter and if so which one do i send.

 

 

Thanks

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No, don't bother. If those charges exceed the amount that they say you still owe.... then they might owe you. The account is in dispute with a SAR anyway, so they are not allowed to pursue you for payment until they have complied.

 

If there is any debt left outstanding, you can mention the CCA non-compliance then.

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Thanks, i,m glad youre here to help cos i was going to send them a letter saying they were in default. Its confusing when youre reading so many threads.So they cant sell it on to a debt agency at this time or take me to court can they?

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Thanks, i,m glad youre here to help cos i was going to send them a letter saying they were in default. Its confusing when youre reading so many threads.So they cant sell it on to a debt agency at this time or take me to court can they?

 

They are not supposed to do anything while an account is in dispute.... so if you get any aggravation, come back on here for advice.

 

:)

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OK thanks, i will wait till i get the statements and take it from there.

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Hi,

 

Welcome! Not sure what to advise you but will 'bump' your thread to bring it back to the top & hopefully someone will be along with some advice. Good luck.

 

Villafan

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I have not recieved my statements from my sar request and i have sent them a lba letter.

 

They have only sent me a copy of a reply card from my credit agreement request(its the same as Lady H)

and the T& C'S are for Monument not Providian who i originally took the card out with

and on 10 june they will have committed a criminal offence.

 

 

Can anybody tell me what letter to send next regarding the credit agreement please.

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HELP.

 

 

Monument hav'nt replied to my SAR request.

I've sent the LBA letter and the deadline was today 11th.

 

 

They also have committed a criminal offence on the 10th regarding the credit agreement.

 

 

I have sent them a letter today informing them the account is unenforceable at law because they didn't send a proper credit agreement(just a reply card)

and i have stopped all payments on the account,

 

 

but do i take them to court over non compliance on the SAR request or do i wait until they get in touch with me

and deal with it along side the non compliance of the credit agreement.

 

 

Can anybody help please cos i'm unsure what to do now.

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Hi just to update.

Monument sent me a reply card instead of a credit agreement, no prescribed terms on it whatsoever.

Failed to reply to SAR request.

I sent them this letter

Dear sir or madam

 

Request for true copy of Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974

 

I wrote to you recently requesting a true, signed copy of any credit agreement that exists in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

 

Both of these deadlines have now passed and I have received nothing in relation to my request. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking.

 

On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the credit agreement, 19 - April - 2007.

 

Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You may not demand any payment on this account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to this account.

You may not pass this account to any third party.

You may not register any information in respect of this account with any of the credit reference agencies.

You may not issue a default notice related to this account.

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

 

I look forward to your final decision on this complaint within 21 days. This should include your proposed actions in relation to the lack of a credit agreement.

 

Yours faithfully

 

They have replied by saying that they have full filled their obligations under section 78 of the Act by sending a copy of executed agreement( no APR, terms, their signature or original T&C's), and that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 make clear that there is no rquirement for the copy to contain the original signature box.In these circumstances, we shall continue to collect the outstanding debt, which remains due to us in accordance with our normal processes,and reject any liability under the Protection From Harrassment Act 1997

 

 

What is the next step Please. Can any body help.

Thanks Alamand

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Sorry for not replying to some of your earlier posts... I was off the CAG for a while following an accident...

 

You need to decide whether you want to acknowledge the debt by going after charges (SAR)... or not acknowledging the debt by them not sending you a CCA and withholding all further payments on the account.

 

If Monument/Providian haven't sent you a CCA.... then they cannot re-enforce the account in court until they can produce it. If there is a considerable amount owing, then just report them to TS/OFT for non-compliance and leave it at that. There is no need for you to make contact... and if they try and pursue the account whilst in default of your request, they can be reported for that as well.

 

They may have fulfilled their obligations by sending you an unsigned copy of an Agreement... but unless it is your Agreement, signed by you and by them and includes terms and conditions, APR, etc.... it cannot be re-enforced in court because their is no properly executed document to re-enforce.

 

:)

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Thanks Priority1

I will report them to TS/OFT.

the reply card has no prescibed terms whatsoever.I only wanted charges back, but they have ignored SAR so because of no credit agreement I will go that route instead.Monument have been a nightmare since we got the card.

Thanks again

Alamand

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Was it anything like this one on my thread, and have they been charging you "payment break" (PPI) as well?

 

i'm right in the middle of a battle with them. I have just entered a default judgement for the charges, but am having a fight with the PPI.

 

they dont stand a chance

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-763464.html


** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi Dave,

Yes its similar to yours, but mines with Provident, who Monument took over about a year later.

 

I dont know about PPI cos they havn't replied to my SAR request yet and its way over due,

 

 

but I'm not pushing for that yet cos they have not sent a proper credit agreement.

 

 

I'm just in the middle of writing a letter to TS and OFT and see what happens.

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I'm sure you mean Providian...:) thats who mine was with as well.

 

and yes they do take an age to give you anything

 

the PPI should be on your statements......they tend to take it if you agreed or not!

 

I am claiming it back because I never agreed to it and there is no proof i ever did, no ticks on any box's, Nothing!

 

where are you writing to is it in Crawley?

 

rgds

 

Dave


** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Yes I mean Providian.

 

I have been writing to Northampton, but the last letter thay have sent is from Crawley, so I am going to start sending there.

 

They sent the reply card well within the time limit, but not statements.

 

 

I have stopped payments to them from this month, so we will see how they respond now.

 

Priority1 says just report them to authorities, so I'll do that, on non compliance of CCA and SAR.

Thanks

Alamand

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The reply card is not enforceable as an agreement!

it has no prescribed terms or required terms...in fact it sucks

(who designed these things.....)

 

when I get through with mine I'm going for all the interest I've ever paid them!

 

rgds

 

Dave


** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Good luck with that.

How far have you got with them. Im at the stage where I'm reporting them to TS, and have stopped payments.

This morning they have finally replied to SAR by sending a sheet with some charges on and returned my £10 cheque saying if I want more information i need to pay £10??????????

I really dont think they know what their doing.

Alamand

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Hi everyone.

I've reported Monument to my local trading standards. The person I spoke to seems to agree that the reply card is not an agreement and she has transferred my case to the appropiate trading standards who deal with Monument.

When I hear from them I will let you all know.

Thanks

Alamand

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I'll wait for the news.....

 

Dave


** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi just an update

Monument have now started a payment break on this account.

 

I sent them a letter asking for the executed agreement and the payment break agreement I am supposed to have signed.

 

They have just replied by saying they have already sent the executed agreement (reply card received ),

and that they have started the payment break as a goodwill gesture.

 

They say they will contact me in the near future to discuss how I am going to pay this debt off.

 

This is very weird

Alamand

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