lowell/BW claimform - old monument card 'debt'

[citizenB]

Thanks CitizenB -that' a very interesting thread you've linked to, but wow, what a length - when I have a spare weekend I'll have to read through it all

 

 

Umm, I think you will require more than a weekend It is an excellent thread and a lot of questions have been answered and debated thoroughly.

[underdog13]

I meant the whole weekend, dawn to dusk, lol

[citizenB]

I meant the whole weekend, dawn to dusk, lol

 

 

I like your optimism

[underdog13]

More obsession then optimism, CB; man, this site is addictive:D

[cymruambyth]

Hi maz, thanks for your support, I have been watching yuor thread as well! Although this is a battle that has been fought by many Caggers, it's reassuring to see someone working through the same process!

[angel_1]

oh dear

 

been getting international phone calls, looks like i must do the dispute letter now

 

had thought this might had been okay to leave alone

 

oh well, a few harrassment letters need to do too

 

keep positive all

 

let the battle commence

 

have a fun day MAZ:cool:

[lexis200]

Hi Maz

 

I started getting international calls from MBNA, so in my complaint to them I specifically asked if my data was being processed overseas, and if so, what securities were in place (seeing as other countries don't have the same data protection laws as us)?

 

They seemed strangely reluctant to answer despite being asked specifically (twice), but I haven't had an international call again!

 

It's a bit of a bugbear of mine when stuff gets sent to other countries, I mean, we started getting calls from American companies when OH's data was sent to India, trying to flog us holidays/timeshares. Very coincidental on the timing. I also read somewhere (I'm fairly sure it was a Government site actually?) that there are only a few countries that are governed by the same data protection rules as us, and as such they are the only places that our information should be being sent to. India wasn't included!

 

Sorry, rant over:D

[angel_1]

hiya lexis,

 

many thanks for that - actually i will add something along those lines too, in my complaint letter to them

 

have a fun day ciao for now maz

[angel_1]

hiya all

 

a bit of an update

 

i got my statement they are of course claiming ive not paid them for the past 3 months, yet havent added interest or charges,

 

i got the exact same info on sars with my statements as i got from the original cca copy they purtain to be correct which of course is the application form bit of paper.

 

so now my dilemma

 

1. continue to not pay, get the adverse credit markers, ((( mind you the way the country is going will there be any people with a good credit file??))

 

2. Officially now send a dispute letter and actually telling them they dont hold an enforceable agreement and force their hand to take me to court for me to defend?

 

3. or take court action myself and how do i do that precicely,,,,deep breath of fear,,,,and follow it through to the end

 

4. offer a full and final settlement of about 10%?

 

5. or ??

 

 

will be back laters to check on replies i would appreciate any advice thanks angel x

Edited January 20, 2009 by angel_1

[underdog13]

Be wary of starting court proceedings, Angel. As I understand it, the main burden of proof lies with the claimant; easier to defend - and that way they pay the court fees;)

[angel_1]

thanks underdog, of course i hadnt thought of that immediately as i wrote what options were popping in my head as i typed...

 

am off to bed now fresh mind in the morning will tackle stuff early morning

 

good night all

 

laters angel x

[angel_1]

hiya underdog

 

having looked at the paperwork i got from cca i got same from sars, so in reality only rec statement just showing missed payments, but no charges or interest added, do they know what they sent is dodgy so seeing if i bite and pay,

 

i left this alone to see how far this would go, but i need to do something like a dispute/complaint letter for my paper trail, or should i just leave lying dogs lie?

 

catch up laters angel x:confused:

[underdog13]

Hmmm, not sure how best to procede on this - their 'agreement' is a joke, so I wouldn't be too concerned.

 

Maybe write and thank them for the copy of the pre contractual application form, but what you require is the properly executed agreement and if they don't have one would they kindly slither away and stop bothering you. Maybe remind them that they had no right to charge interest and state you want it all back; then when they don't give it, you'll very reasonably accept the account balance returned to zero as a compromise;)

 

Best of luck to you:)

[cds]

Hi

 

I paid my monument credit card off last year, but before that I ran into trouble and was charged lots of late payment fees etc. Do you think its too late to claim these back now? I f its not do I need to send an SAR?

 

Thanks

CDS

[underdog13]

Hi cds,

 

I think as long as the card is still valid you can claim back unfair charges. Not sure where you stand if the account has been closed down. Might be best asking this one in the charges forum.

 

Unless you've kept all your statements, it's probably best to send a SAR to get them all - I know some companies charge £5 or £6 per statement if you make a straight forward request for them outside the perameters of a SAR.

[lexis200]

Hi

 

I asked this question before, and found that yes, you can chase charges on a closed account. I sent off for an old account on mine and got a list of charges back (would have complained but it was all that I wanted so I left it at that.) Unfortunately for me I only had 2 x £20 charges in 5 years of statements so didn't bother going any further. That'll learn me for paying on time:rolleyes:

 

Just do everything as you would if the card was still running, but bear in mind that once it's closed they really do only have to keep 6 years of paperwork, so you may well only get 6 years from whatever date they receive your Subject Access Request.

 

Lexis:)

[cds]

hi

 

thanks for the info, new to this so if I repeat long asked questions

hope you can bear with me. Mine I think will involve substantial charges so will give it a go.

 

cds

[lexis200]

Hey cds

 

There's no problem with asking questions already asked - sorry if it came across like that:oops:

 

Just make sure you do it sooner rather than later so you catch as much as possible before they start lobbing the 6 year+ stuff out the window!

[angel_1]

hiya all

 

i have been ignoring this one as other more pressing stuff has taken up my time however, now got hamilton legal from leeds threatening to add court costs but for me to finally contact them with a proposal to pay

 

but reading through my thread i have neglected any updates for which i apologise to others following but now need to view my options

 

1.look at all my paperwork ie dn and if i got any termination letter, and if i got any noa

 

2. (though i was advised i dont think i ever sent a dispute letter so maybe now is as good a time as ever?)

 

Thus i will be back later to update

 

cheers angel x

[lexis200]

Hello:)

 

Long time no see.

 

Have you found out whether you got a termination letter yet?

 

Lexis x:)

[angel_1]

Hello:)

 

Long time no see.

 

Have you found out whether you got a termination letter yet?

 

Lexis x:)

 

hiya lexis

 

am still looking - this is now on the hit list to deal with

 

catch up later angel x

[Dotty50]

Hi Angel,

 

Looking today for Monument threads to assist me as I go along with them, what is your latest with them?

 

Just stopped paying, put account in dispute and they have sent their final response stating they have complied etc.

 

Got similar reply card to you 'subject to approval'.

 

Are or were you paying their 'payment break plan' which is otherwise known as ppi?

[angel_1]

hiya Dotty

 

welcome to my thread unfortunately lots of stuff has happened in these past few months but im now back with getting to grips with everything again, (know have said in the past)

 

but this time im more focused as i stand in my kitchen today to finally get all paperwork in each creditor files etc

 

this one has been kind of passed to some other dca and they keep sending the usual threatening letters, amazing why they would think a different name on the subsequent letter would scare me again and again

 

ive totally ignored this one for the time being as had a court claim which i need to look at again this week from hsbc that had far more pressing issues for me;)

 

im awaiting on credit files just so that i have a starting point again and then going to see what my next point of attack is on here,

 

Having now refreshed myself to where im at from the posts on this thread im actually amazed that not one dca has took me to court yet, ive not paid them for at least a year yet ive got that many threats from them they are now funny to read the letters, i just want to put this ont to bed but maybe im already doing that who knows, just that it will stay on my credit file for the remaining 6 years since last contact or is it payment made? need to look at that bit for sure

 

i would say just to ensure that you are following th right proceedure for yourself, make sure you have put the account into dispute and send by recorded or reg del and keep that receipt safe once you know they have had it and then until you do get a proper executed cca sit tight, so far ive fumbled along with this one but once ive got my paperwork in order on this account i will come back and update exactly where i stand with it

 

good luck, but pls understand you have to do whats best for you and your family and how and if your credit file is important to you for your job perhaps or anything else,

 

keep positive laters angel x

[Dotty50]

Hi Angel,

 

Thanks for posting on my thread.

 

Yes, I think I am doing everything I should with letters and sending recorded etc, I am keeping a paper trail with all the receipts and proof of delivery.

 

Dealing with others as well and it can be so difficult some days, knowing what and who to write to next.

 

Finding CAG in April last year has really opened my eyes to the way these companies work and realise even if you try to make payment arrangements, it can make no difference in some cases. So I don't stress so much now about not paying and as far as CRA are concerned, in the grand scheme of things, what does it matter?

 

I strongly believe that the credit scoring/underwriting systems will have to be re-visited by many establishments because they have depended too much on automated systems, without someone actually looking at each individual application. It has been their downfall and unfortunately people who have had a good credit rating and paid their bills on time are now being made the scapegoats with extortionate rate hikes and if peoples circumstances change, they make NO allowances whatsoever!

 

Rant over !

[angel_1]

hiya all

 

 

got a claim but

 

 

cant find how to link here theclaim template you would like completed withall the info.

 

 

im using a tablet too

 

 

maybe someone can copy and paste thetemplate for me to complete pls ta

 

 

i will try myself toobut am struggling.

 

 

only returned since yest and already causing mischieve lol. cheers angel x