Monument SAR

[tracyab1972]

Im in Scotland so I dont think MCOL applies to me

[dar£n]

sorry

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

[tracyab1972]

Does anyone know if I can charge contractual interest on a Monument card.

 

I think I have made a big mistake. I sent my LBA 14 days ago and added the interest @ 8% but I am now wondering if this should be contractual.

 

If it is, can I amend this?? I am about to file a summary cause.

[tracyab1972]

Anyone??

[tracyab1972]

I will try again... Please if anyone knows the answer to this as I need to file a Summary Cause ASAP.

[dar£n]

Claiming 8% is the std way and therefore the most straight forward.

 

Claiming CI is more complicated and also makes the banks sit up and take more notice of your claim.

 

If you are considering this, I suggest you spend a couple of hours going through some threads where it has been claimed.

 

use the 'search' and type in 'Contractual Interest' and you will have a list of threads that include this phrase.

 

If you need advice immediately, to anything, go into the chatroom and you will find a plethera of knowledgable memebers only willing to offer their help.

[tracyab1972]

Cheers Dar£n, I thinks i will give it a miss and just claim standard rate. I cant be bothered with the hassle. However, I am going to start a claim with Capital 1 and I am going to as for the CI so I will use the chatroom for that if need be, many thanks

[dolphin939]

Hi have you got the address for monument please?

 

Thanx Lorraine

[tracyab1972]

I have been in dispute with Monument aka Barclays since the summer regarding my credit card charges. I passed the complaint onto FOS who are still dealing with it. Today I have received a letter from a debt recovery agency saying the debt has been passed to them for recovery. If I am in dispute with Barclays are they allowed to do this? The same has happened with Capital One.

[maroondevo52]

Hi, Tracyab.

 

Just found this......

 

Under s13.6 of the Banking Code the bank is NOT allowed to pass on a disputed debt or make reports to the CRA's.

Quote:

Originally Posted by 13.6

We may give information to credit reference agencies

about the personal debts you owe us if:

• you have fallen behind with your payments;

• the amount owed is not in dispute; and

• you have not made proposals we are satisfied with

for repaying your debt, following our formal demand.

 

Also under the OFT guidelines for collection they are not allowed to ignore your dispute and the act of "selling" to a DCA a disputed account would breach this.

Quote:

Originally Posted by 2.6h

ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

 

__________________

 

Hope it helps.

 

Regards.

 

Scott.

 

 

 

[tracyab1972]

Thanks Scott

 

I will notify the FOS tomorrow

[Michael Browne]

At the same time send something along these lines to the DCA:

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in Dispute

 

I am writing to clarify that I am in the process of requesting a refund of credit card charges unlawfully made to my account and that my claim is currently being investigated by the Finacial Ombudsman Service.

 

I note from your letter dated xx/xx/xx that you are proposing action to recover this alleged debt. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved by the FOS.

 

A copy of your letter has been forwarded to the FOS.

 

Yours sincerely,

[tracyab1972]

Can anyone please advice me on the following, which I have copied and pastied from my equifax report. This is the first time I have viewed my report from equifax (I am more familiar with Experian). The following debt as you can see is from Monument, who I defaulted on, who then passed it on to Lowell (at the same time that I was disputing the late payment charges). I won the late payment charges back from Monument and advised Lowell that this account should never have been passed to them as I was in dispute with Monument. Anyway, I told Lowell that my charges were being refunded and Lowell said that they would wait to hear from Monument as the account would be passed back to Momument, which I think they did. I dont understand why Lowell have recorded this debt as a default... Can anyone please advice? I don't want this showing on my file!

 

Compucredit Uk (Monument) (I) / XXXXXXXXXXXX9903Credit Card0 @ £ 0 (Monthly)£ 0£ 0StatusCredit LimitDate UpdatedStart DateDate Last DelinquentDate SatisfiedDefault DateDefault / Delinquent BalanceSettled£ 25020/07/200826/05/200410/0729/10/2007£ 1,274

 

Lowell Portfolio 1 Ltd (I) / XXXXXXXXXXXX9903Credit Card0 @ £ 0 (Monthly)£ 0£ 1,274StatusCredit LimitDate UpdatedStart DateDate Last DelinquentDate SatisfiedDefault DateDefault / Delinquent BalanceDefaulted£ 017/12/200726/05/200410/0729/10/2007£ 1,063

 

Compucredit Uk (Monument) (I) / XXXXXXXXXXXX0798

Credit Card0 @ £ 0 (Monthly)£ 0£ 0StatusCredit LimitDate UpdatedStart DateDate Last DelinquentDate SatisfiedDefault DateDefault / Delinquent BalanceSettled£ 25011/04/200526/05/200409/01/2005£ 0

[brassed-off-2]

Just Bumping. someone should be along shortly!

[Jamesx81x]

If you have been returned the charges they have to remove any default caused by them. They have no argument.

 

For lowell to have been able to issue a default a notice of assignment should have been sent from the OC,

[SilverLining]

Can anyone please advice me on the following, which I have copied and pastied from my equifax report. This is the first time I have viewed my report from equifax (I am more familiar with Experian). The following debt as you can see is from Monument, who I defaulted on, who then passed it on to Lowell (at the same time that I was disputing the late payment charges). I won the late payment charges back from Monument and advised Lowell that this account should never have been passed to them as I was in dispute with Monument. Anyway, I told Lowell that my charges were being refunded and Lowell said that they would wait to hear from Monument as the account would be passed back to Momument, which I think they did. I dont understand why Lowell have recorded this debt as a default... Can anyone please advice? I don't want this showing on my file!

 

Compucredit Uk (Monument) (I) / XXXXXXXXXXXX9903Credit Card0 @ £ 0 (Monthly)£ 0£ 0StatusCredit LimitDate UpdatedStart DateDate Last DelinquentDate SatisfiedDefault DateDefault / Delinquent BalanceSettled£ 25020/07/200826/05/200410/0729/10/2007£ 1,274

 

Lowell Portfolio 1 Ltd (I) / XXXXXXXXXXXX9903Credit Card0 @ £ 0 (Monthly)£ 0£ 1,274StatusCredit LimitDate UpdatedStart DateDate Last DelinquentDate SatisfiedDefault DateDefault / Delinquent BalanceDefaulted£ 017/12/200726/05/200410/0729/10/2007£ 1,063

 

Compucredit Uk (Monument) (I) / XXXXXXXXXXXX0798

Credit Card0 @ £ 0 (Monthly)£ 0£ 0StatusCredit LimitDate UpdatedStart DateDate Last DelinquentDate SatisfiedDefault DateDefault / Delinquent BalanceSettled£ 25011/04/200526/05/200409/01/2005£ 0

 

 

Have a look at BBC Watchdog (google BBC Watchdog Lowell) - interesting.... Link Here: http://www.bbc.co.uk/blogs/watchdog/2009/01/the_chase_for_debts_not_always.html

Edited February 15, 2009 by SilverLining

[tracyab1972]

Thanks for your replies. I have called Lowell today and was told that I do not have an account with them...'no s***t sherlock'. I told the guy that they have defaulted my Equifax report and this should be removed as the account was passed back to Monument who repaid the charges to me and the account with Monument is now closed and settled. He told me that he would send me a letter and I should send this to Equifax. I told him that he could still send me the letter, but I think they should still be contacting Equifax to report this as this is false and my credit rating has been affected because of them. Is sending these letters to people usual practise?

[postggj]

hi tracy

 

as usual, the leeds loosers are fobbing you off

i had this with lowells and put them in there place,

default gone with in 48 hours

send them an email to there complaints dept

demand the removel as they are processing your data with no legal authority.

head the letter letter before action and give 14 days for compliance.

 

dca have a direct link with the credit agencies so you do not need to contact the credit agencies, they do.

 

will be interested in the contents of any letter they send you

 

i feel they said about the letter to get you off the phone, then they just binned your complaint

 

send the email, they have to reply

[tracyab1972]

Thanks for your help Postggi. Do you happen to have an email address for this lot and a sample letter of what to send?

 

Many thanks for your help and the help of this site, which is invaluable!

[havinastella]

Tracy

 

read this thread, UK26 is in Court about the very same thing tomorrow.

 

I suggest you get a cup of tea first

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/159927-lowell-portfolio.html

 

 

JOgs

[tracyab1972]

I have just came off the phone to Lowell regarding this default. They have advised me that the they bought the debt from Monument in Nov 2007, which does not add up as they defaulted me 2 months prior to this. The woman in collections was being very obstructive and asked me what information I have as to when I was defaulted. I told her that I was not willing to give her this information..I don't want them changing there details. I have told her that I will be requesting a S.A.R. Is this the right road to go down? Should I call Equifax too?

[havinastella]

If you can get all this in writing, and UK26 wins in Court today, Lowells will not be around much longer.

 

JOgs

[tracyab1972]

I read his thread lastnight with much interest. I only wish I came across it sooner so I could have donated to his cause.

 

I will send for a S.A.R first of all from Lowell. Do you know if I can get Monument on defaulting me whilst my account was in dispute because of the charges. I read that they cant default you if this is the case. I did complain to the FSA regarding Cap 1 doing the same thing to me and they wrote back saying that Cap 1 had every right to do this.

[tracyab1972]

Phoned Equifax

[tracyab1972]

I have checked my Equifax report today to check the status of my complaint to get this default removed and I can see an answer from Lowells stating 'delete and remove default. Thanks'. I really want to go for compensation because of this. I know UK26 is going down the same route. Should I wait to find out how he gets on or do you suggest starting the ball rolling? I have requested a SAR from Lowells.