Monument Credit Card - Help!!!

[drob]

Over 2 months ago i tried to claim all the charges that Monument had levied on my account, Stupidly i accepted a part payment from them as a full and final settlement, which i now regret as i should have gone for the lot.

 

I then set up a payment plan for several months and Monument agreed to freeze interest and and charges on the account. The agreed term has now run out on the payment plan. I have wrote to Monument to try and set up another Payment plan, unfortunately to date they have not responded.

 

I am now being bombarded by an American call centre 2 to 3 times a day. They ask me to confirm my name and then become rude, aggresive and arrogant. Apart from confirming my name no other security checks are done to confirm my identity.

 

I have now asked them not to telephone me and that i will only deal with this matter in writing. They reply "We will phone you when we want to" I then asked them are they are aware of the English law of telephone harrasement. they replied "Are you aware of the American law" At this point i bit my tounge and simply hung up.........

 

I am looking for a bit of help on what options i have.......

 

> Even though i accepted a Full anf Final part settlement am i able to

start a fresh claim for unfair charges???

 

> Do i send them another telephone harrasement letter???

 

> Do i complain to a regulatory body if so whom???

 

>Monument are now owned by Raphaels Bank, does any one have any

addresses for Monument???

 

Many Thanks in advance for your help

[steven4064]

Hi drob

they replied "Are you aware of the American law" At this point i bit my tounge and simply hung up......... Your agreement is governed by English law, they have to obey that

 

I am looking for a bit of help on what options i have.......

 

> Even though i accepted a Full anf Final part settlement am i able to

start a fresh claim for unfair charges??? You can start a fresh claim for any charges added after you accepted their offer

 

> Do i send them another telephone harrasement letter??? Yes and add harassment to your claim for charges. If you get to file in court, you can ask for an injunction as part of the claim.

 

> Do i complain to a regulatory body if so whom??? Yes, Financial Ombudsman Service. Or you can do it through the courts as above

 

>Monument are now owned by Raphaels Bank, does any one have any

addresses for Monument???

 

Monument Credit Card Services

Barclaycard

The Portland Building

25 High Street

CRAWLEY

RH10 1BG

 

OR

 

Customer Service

P.O.Box 6476

Nottingham

NN4 1ZN

 

Many Thanks in advance for your help

[Bigmark]

Steven Paul

Head of Monument Customer Services

Monument Customer Services

PO Box 6476

Northampton

NN4 1ZN

[drob]

Sent off my £1 postal order to Monument for a copy of the CCA and received the following reply>>>>

 

"The agreement we have enclosed in this letter is a copy of your credit agreement which we are providing to you in accordance with our obligations under the requirements of section 78(1) of the Consumer Credit Act 1974 (as ammended) (the CCA). Section 78(1) requires that we provide you with a copy of your executed agreement within 12 days of receiving your request for such a copy and upon the payment of £1.00"

 

"It is perhaps worth us explaining a little about the "copy of the executed agreement" section 78(1) requires us to provide to you. "Copy" for the purpose of the CCA does not refer to an exact copy of the agreement you signed. We are therefore not required by the CCA to provide you with a photocopy of the agreement showing your signature. Section 78 requires us to provide you with a copy of the agreement that looks like the one you signed but which has been updated to contain the terms and conditions which currently apply to your agreement (rather than those which applied at the time you signed the agreement) Importantly, the copy is not required to include your name or signature".

 

"We hope that you are now satisfied with the documentation we have provided and that you will now recommence payments on your account"

 

Yours Sincerely

 

Naomi Wort.

 

All that monument have sent along with the letter is Monument Visa Conditions and a copy of the Monument Conditions. Can anyone comment on the above reply from Monument and advise me on how i should reply to Monument?????

[ncf355]

As PT would put it, they are talking Ball Hooks!(and for that matter one of the most blatant I have seen yet)

 

It DOES need to be a true copy, the only things they can leave out of the copy are your sig and name and address

 

(I'm sure someone will have to hand the copies regulations that cover this, I dont at the mo)

 

The current T and C can in no way cover the request as they have to prove the right to vary the original

 

 

Do not commence payment, they have not complied with the act until they show you a copy of the original agreement you signed together with any document referred to in it (such as the ORIGINAL T and C's)

 

I'm sure other will be pleased to back this up and add other points

[drob]

Many thanks for your reply ncf355. I have copies of what they sent me on another post on Consumer Forums. The attachments can be found in the following thread.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/135874-monument-credit-card-help.html#post1466371

[the main man]

Hi, this is a Peter B special and should cover it

 

 

Dear Creditor (who is trying to hide the fact that you don’t have an enforceable agreement.)

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

I note that you have replied to the above by sending a copy of your companies current Terms and conditions I must inform you that this is not sufficient to comply with the act and that your company is still in default.

 

To clarify:

According to the OFT, and the correspondence from the DTI just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement”

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.”

This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, what is being overlooked is the part highlighted, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

 

If your contention that current a set of conditions will suffice is based on section 7 of the copy of document regulations I will clarify this also for you

 

"7.--(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either- (a) an easily legible copy of the latest notice of variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied; or

(b) an easily legible statement of the terms of the agreement as varied in accordance with section 82( 1) of the Act"

 

The highlighted section clearly indicates that this information is required in addition to the original terr ms and conditions contained within the executed agreement and not in place of them.

I am sure that you are aware that the ability to vary a document is Dependant upon the permission given by the debtor in the signature document,and this would therefore need to be shown.

 

To reiterate all terms and conditions should be within the agreement document and and the regulations are explicit in the form in which it is presented.

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues.