Me vs Monument - CCA?

[teethgrinder]

oops

[teethgrinder]

Is this possibly the most pathetic excuse for a cca ever:

 

 

I am owed about £1300 charges, but I don't seem to have a valid agreement. Correct?

[pt2537]

what was this for? credit card or loan?

 

either way its very poor IMHO

[pt2537]

the "subject to credit approval" does them no favours either

[tomterm8]

Well... I wouldn't say most pathetic... but, unenforceable, yep.

[Curlyben]

Let me guess, they're saying it's valid any chance ??

[shane5408]

I think there's a clue in the title of the thread:D

Monument Credit Card

[Curlyben]

Shane I know that's why I edited

Next time I'll read, D'oH

Loooon day, honest

[pt2537]

ah i never knew monument was a cc

[shane5408]

I had a great result with monument, all charges refunded by BACS into a seperate bank account of my choosing and then the entire balance written off as well!

[Curlyben]

Monument, until recently, was part of Barclays (Barclaycard)

They are causing me serious problems at the moment, have a look at the link in my sig.

[The GodMother]

well i can safely say that is one of the worse credit agreements, LMAO, i have seen in a while.

 

Where are the t&cs and prescribed terms or did i miss them?

 

Oh sorry are they ment to be it in the declaration part that says credit agreement regulated by the consumer credit act 1974? LMAO ROFL

[teethgrinder]

Accont was opened in 2000. The cover letter states it is their reply to my CCA s78 request, and there are T&C's but these are for Monument and not Providian, as they were when account opened.

I allegedly owe them just under £1400, but most of this is charges. Plan is to go for charges and CI. Can this be done, as without a valid credit agreement, there is no enforceable debt - correct?

[Curlyben]

Hmmm sounds like a similar thing I've had with B'card where the charges and outstanding balance cancel each other out.

 

Now I sent them a compromise deal that the outstanding debt would be wiped out and I wouldn't pursue through court.

I never had a response, but they sold the account on to the DCA's.

 

You could always give that a try and when/if the DCA's come knocking, tell them to "go away".

 

try this, edit as needed

 

Compromise Proposal

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

Thank you for your letter dated 19th June 2007, the contents of which are noted.

 

I calculate that you have taken £xxx.xx in charges plus £xxx.xx which you have charged me in contractual interest, based on your current rate of APR%, for the sum which you have taken. Totalling £xxx.xx.

I enclose a schedule of the charges which I am claiming with this letter.

 

The current outstanding balance on this account is £xxx.xx.

 

However, I am conscious of the time involved for all concerned, i.e. for you to attend a court hearing and the cost of pursuing the matter further. I therefore, propose to offer a compromise to settle this matter in full. However, I would be obliged if you will agree to:

 

1. The sum of £xxx.xx is paid by you in full and final settlement.

2. ALL collection activities to cease.

3. Any adverse reports being removed from the Credit Reference Agencies.

 

The sum of £xxx.xx to be credited directly to the above mentioned Barclaycard account to clear the outstanding balance and close the account completely.

 

Otherwise I will initiate a legal claim within the County Court system for the FULL amount as detailed on the enclosed statement, as well as any costs arising from litigation proceedings. This will necessitate further expense and time on both our behalf’s.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which this matter will be resolved.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully,