CCA's and Dave against the world !!!

[davefirewalker]

ok here it is.......any comments

 

Dear Sirs

Thank you for your quick response and documents provided.

 

However, you seem to have sent me an application form instead of my agreement. Surely you can’t be relying on this as an executed agreement, It obviously falls down on a number of points!

 

I note that you did however send an undated unexecuted copy of “an” agreement printed on 14 pages of single sided A4, which appears to be current. However I don’t remember receiving this when I applied for the card!

 

I also realise that you will say that you are entitled to send a “copy” agreement without signatures etc as per Reg 3, you may also say that you are allowed to vary the agreement. But unless I have a copy of the initial agreement how can I be sure of anything. Please send me a true executed copy of my agreement signed by both debtor and creditor as per 61 consumer credit act 1974 in that……..

 

“61 Signing of agreement

(1) A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.”

 

This application form obviously doesn’t meet these criteria. This must have been an oversight on your part, so I will give you this final opportunity to comply with my properly formatted request.

 

Also I believe that you have to send me a full statement of account as well.

 

The deadline for a proper reply is 12 working days. You are deemed to have received the request two days after it was sent i.e. 3rd May. You have until 21st May to comply or you will be in default, and a complaint will be registered with Trading Standards, Office of Fair trading, Financial Services Ombudsman to name but 3. I may also file an N1 for non compliance of the above act.

 

I hope to hear from you in the near future.

[davefirewalker]

Hello Dave,

 

I do not think that being busy is acceptable here..busy with what? with sorting out complaints...well, u have one aswell and while u were on the phone, they had to discuss ur case and sort it out...They put an assistants that r not knowledgeable...and take month to send u a standard letter...

I hope u ll get a call back or THAT letter....by friday/monday

 

wishing u good luck

 

 

Regards,

 

 

Maria

 

 

Hi maria... dont worry about it, Ive got it sorted they won't know whats hit them when Ive finished. once theyve paid up the PPI and charges I'm going for the consolidation/ restitution of interest which should be about £4k

 

 

Dave

[ODC]

hi guys

 

thanks for the support....

 

regarding the monument account....I sort of felt a bit sorry for her (for two seconds) and I sort of put her on the spot. She couldnt answer a single question, and must have felt very vunerable. its nice to put the boot on the other foot for a change

 

well I will wait till monday mornings post and if they have not capitulated completely, its off to court to file.

 

regarding the american express agreement...did you notice that some info is torn off, looks like it might be some important stuff

 

Anyway almost finished composing a letter to them, i'll post it here and itll go off tommorrow

 

rgds

 

Dave

 

 

You are much too kind to these people. But as you say the shoe is now on the other foot and you can afford to be 'nice' to them

[Yasmin]

Hi Dave,

 

Am now posting welcome Agreement on here as you suggested. Any comments please. Can't see interest, only APR & according to quick check figures seem to be incorrect. Is there any one experienced out there who can have a look for me please.

 

[Yasmin]

Have also posted the Black horse Agreement. This is the only part they sent..........

[davefirewalker]

At first glance they look ok.......will check in more detail and cross reference, which can take a short while

 

But both the black horse one and welcome Should have supplied full terms and conditions and a statement of account to fully comply!

 

I'll get back to you soon

 

Dave

[Yasmin]

Thanks Dave appreciate that, Black horse certainly have not supplied T & Cs in fact just the page you see here! Will have to check the welcome bundle again, but know there are some items missing from my data... letters and details of their sale of the car at auction etc. They haven't even contacted me to let me know what's going on, since July. Just not sure about my strategy, as I already have court case pending with welcome & Approved Car Finance re misrepresentation, at time of sale.....

[davefirewalker]

ok yasmin no worries, I will have a look at it but possibly not tonight as there is a bottle of shiraz just being opened ....dont want any mistakes or misinformation

 

rgds

Dave

[davefirewalker]

Ok then Update time

 

Monument have been noticeable by their silence....... its their turn monday

 

Just sent this to american express.......re agreement post 68

 

Dear Sirs

 

Thank you for your quick response and documents provided.

 

However you seem to have sent me an application form instead of my agreement, Surely you can’t be relying on this as an executed agreement; it obviously falls down on a number of points!

 

I note that you did however send an undated unexecuted copy of “an” agreement printed on 14 pages of single sided A4, which appears to be current. However I don’t remember ever receiving this when I applied for the card! and unless ALL the terms and conditions are integrated into the “agreement” then they are noticeable by their absence.

 

I also realise that you will say that you are entitled to send a “copy” agreement without signatures etc as per Reg 3 you may also say that you are allowed to vary the agreement. But unless I have a copy of the initial agreement how can I be sure of anything.

 

Please send me a true copy of my executed agreement signed by both debtor and creditor as per s 61 consumer credit act 1974 in that………..

“6! Signing of agreement

(1) A regulated agreement is not property executed unless—

( a) a document a, the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner. and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible”

 

This application form obviously doesn’t meet these criteria. This must have been an oversight on your part, so I will give you this final opportunity to comply with my properly formatted request.

 

I also believe that you have to send me a full statement of account as well.

 

The deadline for a proper reply is 12 working days. Yøu are deemed to have received the request two days after it was sent i.e. 3rd May. You have until 21st May to comply or you will be in default, and a complaint will be registered with Trading Standards, Office of Fair trading, Financial Services Ombudsman to name but 3.

 

I may also file an N I for non compliance of the above act.

 

 

I hope to hear from you in the near future.

 

DF

 

Cant wait for their response

 

Dave

[davefirewalker]

DAGNABBIT........

 

Monument have replied today (sat)...and have made an offer

 

needless to say it was a fawning and "were terribly sorry you're unhappy" sort of letter.

 

HOWEVER

 

my claim for charges was £120 + interest ( they offered £72)

my claim for PPI was for £998+ interest ( they offered 445.02? )

 

total claim £1376.00

offered £517.02

 

ok then they are on the run....

 

time to tighten the screw......ouchhhhhh.

 

looks like I'll have to give them 7 more days to come up with the rest

 

i'll keep you informed

 

Dave

[TANZARELLI]

Hi dave will have a read of your thread as think it may be of use when I start my black horse and welcome claims. Thanks for the link.

 

Tanz

[davefirewalker]

hers the letter to monument going out tomorrow

I think they already realise that I mean business and are just going through the motions.

 

Dear xxxxxxxx

Thank you for your reply of the 10th May, regarding my complaints.

 

Firstly regarding the PPI

 

As you have already admitted on the phone and in writing that you don’t have any record of me ever agreeing to have PPI on my account, and you have no explanation for the missing two years, I find your offer of a refund of less than a third somewhat puzzling.

I will however accept your offer as an interim payment only, and will continue to pursue for the rest.

This matter has now been going on long enough and you have had plenty of opportunity to investigate this and to make a sincere and reasonable offer of settlement.

 

Regarding the charges

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I now understand that the regime of fees which you have been applying to my account in relation to late payment fees, over limit fees etc. are unlawful at Common Law, Statute and recent Consumer regulations.

 

I demand a refund of all the unlawful charges as stated in the schedule previously sent. If however you care to explain to me how your charges are made up in detail, and how they reflect your costs due to my breaches then I will reconsider.

 

I do not believe that it is your intention to admit that you are at fault or to offer me a full refund on any of my claims. Failing a suitable response to this letter it is my intention to start court proceedings on Mon 21 May.

 

To stop the above actions I require a cheque made out to me for the full amount claimed (now standing at £1377.97) to arrive BEFORE Monday 21 May.

 

I look forward your response by return

 

I can hear teeth gnashing already

 

Dave

[TANZARELLI]

Nice one dave.

[davefirewalker]

Hi Dave,

 

Am now posting welcome Agreement on here as you suggested. Any comments please. Can't see interest, only APR & according to quick check figures seem to be incorrect. Is there any one experienced out there who can have a look for me please.

 

 

hi yasmin...i'm on the case now... been a bit busy

 

As said before the welcome one "looks" 100%,

I need to see the heading. is this a hire purchase agreement?

 

were t&c supplied with it ?

are the declarations correct.

 

just looking at the blackhorse now

[Yasmin]

Hi Dave,

 

Thanks for checking....yes the t&C's were supplied. Went onto checker yesterday & it seems there is a mis-calculation in their figures of 24p lol, Don't know if this is relevant! Checker say it could be......It is an HP reg. agreement.

 

Black horse only supplied that page which I posted, no t&c's.....

 

Am also subscribed to your Egg thread, as my agreement is similar, so watching with interest!

 

Yasmin x

[davefirewalker]

It is relevant......

 

i cant easily read the black horse one....and its figures also seem wrong

 

i see 24 x 65.95 = 1582.80

 

the agreemnet says 1655 ??

 

is your agreement any clearer

 

check the figures

 

also what is the heading for the welcome one ?

 

Dave

[Yasmin]

Hi Dave,

 

The Welcome heading is;- Hire purchase agreement regulated by the consumer credit act 1974 on trade premises.

 

I will check figures on Black horse..true the agreement says 1655-

[Yasmin]

On the agreement the monthly figure is 68.95 although some of the figures are really difficult to read. Just checked it and trying to understand the results of the assessment. Their assessment is that the payments should be 68.96 1p difference total interest and charge for credit both .04 and the total payments and total amount payable box is missing. Will have to look at it properly, not really sure....

[davefirewalker]

Next update....Monument

 

just received this morning.........A default notice ????? from the accounts office in northampton

 

DONT they actually talk to one another ?

 

this is just too funny..........."I don't BELIEVE it "

 

Anyway ho hum.....just fired this back at them

 

Dear Sir

 

With regard to your letter of the 10 May (received 16 May)

Firstly……..

 

I have not (for a very long time) and do not actually use the card in question.

Secondly……………………

 

DO YOUR DEPARTMENTS NOT TALK TO ONE ANOTHER?

Are their no notes posted to the account?

 

This account is in legal dispute and has been since at least 12th Mar 07. I suggest that you talk to Naomi Wort and Debbie Dennet in the head office in Crawley!

 

Any further threats of default will be met with a counterclaim, and a report being filed with trading standards and the OFT calling into question your fitness to hold a consumer credit license.

 

It is YOU that are actually in default. My CCA and S.A.R - (Subject Access Request) requests have not been met in full within the statutory timeframe and as such, to take any such action that you are contemplating, would be illegal.

 

NO reporting of status to any credit reference agency is allowed as any such data may be inaccurate and in contravention of the first principle of the Data Protection Act 1998.

 

Any such inaccuracies Will be met with a complaint and claim for damages. I suggest that you fully read the DPA 1998 especially s10, 13, 14.

Check your facts first before making threats!!

 

I demand a letter by return informing me that you have received this and are taking no further action, while this dispute is in effect.

 

I await your reponse

[davefirewalker]

re Monument....

 

Just phoned them and spoke to the customer services staff that was dealing with the complaint. she has assured me that the default will not happen. I have told her to put it in writing.

 

then I mentioned my claim.....

 

wouldn't (or couldn't) budge for what was offered. she wanted to credit the account with the offer........No Way. I want it in cash (or cheque )

 

So looks like I will have to go to court on monday after all.

 

ah well, be a good experience

 

Dave

[itsmeandonlyme]

Hello Dave,

I still think they will settle before the court date.....but you know what..you gave them enough time...for the decision to make...

 

wait for the call:))))

 

 

Regards,

 

Itsme

[davefirewalker]

Thanks for the support maria

 

best rgds

 

dave

[davefirewalker]

Ok .......I need some advice :o

 

monument want to refund to the account...I obviously dont want this

 

account is still valid but in dispute at the moment

 

this is about PPI money wrongly taken (never agreed)

 

anyone any ideas? anyone been here before?

 

Dave

[robert_harper_2000]

Did you tell you that you didn't want PPI over the phone, for my brother I wanted to request a copy of the call under DPA (is this possible?) is this waht you did?

[davefirewalker]

Hi Robert

 

they have admitted (in writing) that they have no record of ANY agreement for PPI, either on the phone or in writing.

 

they are so in trouble

 

but to answer your querie, yes an sar requesting full disclosure will bring any and all data including transcripts of phone conversations (if they have them). if they dont supply them they cannot rely on them in a court case!

 

rgds

 

Dave