Hi can anyone please advise on what to do next ?

Hi Guys Well Im confused now guys. As said above I have sent the Statute barred letter to Monument because they have now started contacting me and putting charges on the acc. The letter from Monument was dated 5th May 2015. Today I have received a letter from Arrow Global. It says its a notice of assignment and that on 22nd December 2014 the rights of the acc were assigned to Arrow Global and that NCO Resolve is now managing the acc and that i need to sart paying them. I'm not sure as what to do now. 1. Why is Monument still sending me letters asking for payment and adding charges if it is sold to Arrow Global ? 2. Why has it taken 5 months for Arrow to get in touch advising me that they are the new owners ? 3. Do I wait for a response from the statute barred letter or send one to NCO as well ? The letter from Arrow also stated that they were going to be in contact with CCCS regarding carrying on payments through them. At the start of my dealings with credit agreements, I was paying reduced payments to my creditors through CCCs but cancelled it in 2007 when I commenced on this journey. I am totally confused as what to do now guys, could someone please advise. Many Thanks Alamand

Hi Guys Just to update on this. Recieved a letter from Monument a few wks ago asking for payment but I didnt reply (was going to send a statute barred letter but I totally forgot) They have sent me a notice at the weekend saying they are now charging me £10 for being behind with payments, last payment I made was in 2007. Am I right in sending the statute barred letter now ? Letter : I refer to the alleged debt of £???? as referenced above, please note I do not acknowledge any liability to Monument. Having reviewed my credit history I have concluded that any such alleged debt is statute barred, therefore I will not make any payment or offer of payment now or in the future. Monument will now confirm that this matter is now closed. Looking through my paperwork, I last was in contact with them in 2011 when they tried to pass it on to C.A.R.S. I told cars it was in dispute twice and then Monument replied saying they had complied with my requests so I sent them a CPUTR 2008 letter and they replied with their Final Response say they had complied. I didnt contact them again. Before that was 2009 with Monument sending some new t&c's and then 2008 before that and the start of this claim was 2007. Is the letter above fine to send and am I right in that the account is indeed statute barred ? Thanks Alamand They have been sending monthly statements every month from the beginning, with no interest or charges added.

Thanks DX, I hope so. Will let you know what response I get from them. Alamand

Hi Brig, Well letter received asking for income/expenditure and phone message left from Marlin. I have written your version and it will be in the post tomorrow. Signed for of course. I have checked experian and noddle and no default or anything from Marlin or YB, in fact YB did not put anything at all on all 3 credit reference agency's even at the beginning, which I find strange.

I have checked the balance and it is still the same so that should be fine, I will wait for their next letter then, as I didn't respond to their last one. 1 more question, I send what you have put and not the SB one??

Thanks Brigadier. If it goes to court because they don't agree, what happens if they produce the letters that I sent and theres something on them I shouldn't have said. Don't want a CCJ after all this time. I was fighting on the "application form and the t&c's" and the way YB tried altering the application form( by cutting off the heading "application form" so it looked like a credit agreement). My husband agrees with you because we want it out of the way now.

hi all Well after turning the house upside down( I do have nice clean cupboards tho)I cannot find the letters to Marlin, so I have no idea what I sent to Marlin and exactly how I worded them. I do know I said the account was in dispute. I am so mad with myself because I printed copies off until then. Do I not go the statute barred route now ?? I know they are going to start because I keep getting phone calls, which I do not answer. Thanks Guys

I keep reading the statute barred letter and what is worrying me is that although it is over 6 years with no contact with YB, I did send letters to Marlin albeit disputing the debt. So because I disputed the debt nearly 4 years ago with Marlin, it still counts as statute barred. As you have guessed, if its not written in simple terms, it so confuses me.

I cca'd them and disputed the credit agreement saying all terms & conditions were not met and it was an application form etc. When they passed it to debt collectors I wrote to them stating the debt was in dispute. I reported to FOS but as you can see they found in favour of YB but they then passed it on to Marlin. So am I right in sending the sb letter when they get in touch because they now have started with letters and phone calls. Like a fool I didn't print copies of what I sent to Marlin but I said the acc was in dispute so am certain they would have been templates from here.

Just to add, the date of the complaint to FOS is June 2008

Hi Had a quick look through paperwork and I don't think theres any contact with YB in the last 6years. Below is what there is but obviously will double check. 17/06/08 - Debt Managers returned debt back to YB. 28/10/08 - Letter from Murray White Debt. 4/11/09 - reply saying in dispute. 26/1/09 - FOS find in favour of YB. 21/1109 - YB and Marlin say assigned to Marlin. 31/12/09 - reply saying in dispute. 21/ 1/10 - reply from Marlin - do not know whether I replied. 29/7/14 - phone call from Marlin. 1/8/14 - letter from Marlin. I am still trying to find the hard drive to double check my replies to Marlin but looking through my other replies, I sent templates from here, so I think they would be fine. I have had a letter from Marlin which I hav'nt replied to but have had a phone message as well, so it looks like they are about to start.

Hi Ericsbrother This is reply from the ombudsman. Unfortunately I cannot get to the copy of the complaint I made. http://www.consumeractiongroup.co.uk/forum/showthread.php?108282-MTB-v-Yorkshire-Visa&p=1963556&viewfull=1#post1963556 Alamand

Thanks oleg Gonna wait till nxt letter but try and find the ones I sent, my husband says we will send the letter if we cant find it. I am sure they are templates from here, so they shud be ok. I want the debt sorted but I always think on the dark side, always think that its going to go wrong and scared to death of having to stand up in court, my husband says "**** or bust" now (sorry for language). I have another card as well exactley the same but I will sort this first. Many thanks Alamand

So I just ignore their letter for now and try and find the letters. ???? Alamand

Hi The agreement started in 96 but I havn't paid since 2007 when the dispute started. I have got a problem with some of my responses because i kept them on the computer and my husband has changed the hard drive and as of yet, we cannot find the old one. I am positive that all my replies were from templates on here so I am sure they would be ok. What would be the next step ?? Alamand

Hi guys, just a quick question Is this acc statute barred if no payment has been made since 2007??? They do send monthly statements tho. Alamand

Hi Oleg I last made a payment in 2007 when I started with the credit agreement. My contact since then has been that I am in dispute with YB. I did speak on the the phone last week with Marlin because they took me by surprise. I told them the account was in dispute, i did go through some security questions though. My last written contact was with Marlin in 2010 saying it was in dispute. Alamand

Hi Audio I thought that if they contacted you or you replied to them, then you wern't, So is it 6 years without payment then??? Thanks Alamand

Thankyou Oleg 05/07 - Credit agreement/ statements requested. Sent credit agreement which seemed to be an application form and T&C's.. Advised YB of this and then they sent the same agreement again but they had altered the form by chopping off the header so it did not say Application on top. They also sent different T&C's that they said were the 1996 ones and their current 2007 one. Advised them that not correct so reported to financial ombudsman as they requested. 01/09 - FOS found in favour of YB. 09/09 - The debt assigned to Marlin, advised them that it was in dispute with YB. 10/09 - letter recieved from Marlin saying they were sending to solicitors, letter sent again stating in dispute. No solicitor contact made. 01/10 - letter recieved from marlin saying that FOS found in favour of bank so payment needed. Another letter sent. 08/14 - phone call asking why no payment so said in dispute. I answered questions on the phone call until halfway through then I remembered not to talk to them. Today - same letter as 01/10 saying FOS found in favour of YB so need to arrange payment. Thanks Alamand

Advice please Hi everyone Well it is 2014 and I am still recieving monthly statements asking for a minimum payment of £5 (which was the payment I paid on the DMP), but no other correspondance( I am not paying them anything. no payment since 2007). I suppose they are sending the statements so it cannot be statute barred. Just wondering guys about ppi on this one. I know I paid payment break on this when it was at the beginning with providian, I dont think we paid it long because we noticed it and cancelled it. I dont think there would be enough to settle the acc if I claimed along with the charges. They are not asking for more money so do I just leave it alone Guys???? Only problem is, is that the account is in limbo, and still hanging over me. Many thanks Alamand I only have this acc and 1 with YB which has been passed to Marlin who has now contacted me after 4years. Was wondering do I try and sort them both out now and get them out of the way.

Hi guys, Its been a few years since talking to you all but I have not heard anything from YB or Marlin until now. Marlin have contacted me by telephone last wk and then i recieved a letter this morning, They say that they have contacted YB and that the Financial Ombudsman found in favour of the bank so there is no dispute and I should now arrange a payment plan with them. The agreements and T&C's and the letter from the FO are in previous posts if anyone could have a look for me. Could anyone please advise on what to do next. I have been relying on the fact that YB sent the application form origanally and then when I challanged it, they sent the agreement again but this time they chopped the heading "application form" off the form and sent that as the credit agreement. They have also sent different T&C's stating these are the origanals but as you can see they would never fit on the back of the agreement. I am not up to speed at the minute as I have not heard from these guys since 2010, so could anyone please advise or point me in the right direction because things might have changed since I last challenged them. Big Thanks Alamand

Thanks Priority I will write to them and ask for their reply to the 1st letter then. Thanks Alamand

Hi every one I have received a response to my cputr2008 letter. They say "You may recall having completed an application form(reply card) to confirm that you had read and agreed to be bound by the agreements Financial and Related Particulars and full Terms and Conditions. Upon receipt and acceptance of your application for a Monument Visa card, you were issued with a further copy of the agreements Terms and Conditions along with a Visa card and pin. Dependant upon subsequent card usage, statements would normally have been issued to you on a monthly basis. Any relevant Notice of Variation in relation to your agreement would also have been notified to you." They also say they have complied with my section 78 request and stated they have complied with the Consumer Credit Act request and that they can send a reconstituted copy of the agreement, once again stating the Cary v HSBC bank case. They say I should now start paying the account and that if the "enquiries and/or allegations continue, they may refer the case to their legal representatives HBJ Gately Waring LLP" What response should I send now, or should I wait till their legal team get in touch. I would be greatful for your input guys especially Priority if your looking. Many Thanks Alan

Hi Priority One Thanks for that , i was busy writing the last post and didnt see it. I have searched all day trying to find a suitable letter to send to them. .I am not very ood with computers as you can see. I will get that off tomorow. I havnt been on for a couple of years and I cant find my way round yet, it has changed a lot. Many thanks Alamand