MTB v providian now monument

[alamand]

Hi guys

 

Well Monument have sent me a letter saying they have stopped the payment break and I should now start paying on the account.

 

 

They say that if I dont start paying or still think the account is in dispute, all correspondence should go directly to their legal team HBJ Gately Waring LLP,

who will be incontact shortly.

 

I received this letter in November and I still havnt heard from them.

 

Anybody had any dealings with their legal team.

 

Thanks

Alamand

[alamand]

Hi every one.

Well its been over 2 years since Monument have demanded money from me but

 

 

now it seems they have assigned C.A.R.S to sort the debt out.

 

 

I have sent them a letter stating that the account is in dispute and that Monument are legally not allowed to pass this debt to themselves.

 

 

They have replied asking for £1 for a cca.

 

Do I have to send them the £1 ?

 

Monument have continued to send me a monthly statement, I guess this is so the debt does not become statute barred

.Crafty.

Many Thanks

Alamand

[alamand]

Hi Guys

Well i have just recieved what is proposed to be the original T&C's from Providian.

I sent C.A.R.S the £1 they asked for, for the credit agreement and they have sent the same reply card that Monument

(who took over from Providian) sent me along with the original T&C,s and their recent ones.

 

 

Now I have looked at the Providian T&C,s and it says that it belongs to an american banking association

and is registered in the UK and gives a company number and branch number.

 

Providian was a Barclays sub company who was taken over by Monument who was still a Barclays company

and then taken over by Raphael & Sons who is an american company.

 

Now is it me but are they fraudently making up T&C's for Providian.

 

 

I have luckily found a letter from Providian which has their registered office address and licence number on it

and whish is totally different from what is printed on the T&C's I have been sent.

 

 

I dont really want to put it on here in case they are looking.

 

 

Surely they are acting illegally here.

 

 

Is this a matter for the police ?

 

I would really appreciate some help regarding what to do next guys.

 

1.Monument sent reply card.

2. I stopped payments.

3. Monument just sent monthly statements for next 4 years.

4. C.A.R.S took over and requested payment and asked for £1 for credit agreement.

5. Monument sent the reply card and suspicious T&C's.

This is what has happend so far roughly.

 

I would really be greatful on some advice please.

Many thanks

Alamand

[alamand]

Hi again guys

 

Seems I was a bit premature, I have done a little digging and it seems Barclays did not take over Providian until 2002 and my reply card is dated 2001.

 

I still need your help guys in devising a letter to C.A.R.S. I am looking around the site and has the letter changed when challenging the reply card ?

 

Many thanks

Alamand

[alamand]

Hi Guys

 

This is the credit agreement they have sent me.

 

This is the letter they sent

 

Sorry guys, you caan tell i'm not used to this, i;ve got em all mixed up.

They have mentioned a court case on their letter and i cannot find a response letter in the libary, i can only find a response to non compliant of cca.

I would really appreciate your help.

Many Thanks

Alamand

[alamand]

Hi

it seems the scans are a little bit small

 

Could some one please advise how to upload them please.

 

Alamand

[PriorityOne]

Send the CPUTR letter in my signature...... by rec. delivery.

 

[alamand]

Hi guys

Sorry to bother everyone but I need some help with a reply to the letter I have received.

 

It states that it has complied with section 78 and 60/61 of the consumer credit act and that following a landmark case (carey v hsbc) 23rd dec 2009, it was upheld that creditors may provide a reconstituted copy of an original credit agreement which includes the name and address of the borrower at the time.

 

I cant upload the reply card and letter for some reason so that you can see.

 

They have also sent what they say is the original T&C's.

 

When I uploaded the reply card at the beginning of my dispute, everyone said it was not enforceable. I believe it is still unenforceable but would like some help with creating a response.

 

Many Thanks

Alamand

[PriorityOne]

Hi guys

Sorry to bother everyone but I need some help with a reply to the letter I have received.

 

It states that it has complied with section 78 and 60/61 of the consumer credit act and that following a landmark case (carey v hsbc) 23rd dec 2009, it was upheld that creditors may provide a reconstituted copy of an original credit agreement which includes the name and address of the borrower at the time.

 

I cant upload the reply card and letter for some reason so that you can see.

 

They have also sent what they say is the original T&C's.

 

When I uploaded the reply card at the beginning of my dispute, everyone said it was not enforceable. I believe it is still unenforceable but would like some help with creating a response.

 

Many Thanks

Alamand

 

See my previous post..... it cuts through all that cr*p.

[alamand]

Hi Priority One

 

Thanks for that , i was busy writing the last post and didnt see it. I have searched all day trying to find a suitable letter to send to them. .I am not very ood with computers as you can see. I will get that off tomorow. I havnt been on for a couple of years and I cant find my way round yet, it has changed a lot.

 

Many thanks

Alamand

[PriorityOne]

No worries.... you're welcome

[alamand]

Hi every one

I have received a response to my cputr2008 letter.

 

They say

 

 

"You may recall having completed an application form(reply card) to confirm that you had read

and agreed to be bound by the agreements Financial and Related Particulars and full Terms and Conditions.

 

 

Upon receipt and acceptance of your application for a Monument Visa card,

you were issued with a further copy of the agreements Terms and Conditions along with a Visa card and pin.

 

 

Dependant upon subsequent card usage, statements would normally have been issued to you on a monthly basis.

 

 

Any relevant Notice of Variation in relation to your agreement would also have been notified to you."

 

They also say they have complied with my section 78 request and stated they have complied with the Consumer Credit Act request

and that they can send a reconstituted copy of the agreement, once again stating the Cary v HSBC bank case.

 

They say I should now start paying the account and that if the

 

 

"enquiries and/or allegations continue, they may refer the case to their legal representatives HBJ Gately Waring LLP"

 

What response should I send now, or should I wait till their legal team get in touch.

 

I would be greatful for your input guys especially Priority if your looking.

 

Many Thanks

Alan

[brokebutnotbeatn]

so they have not actually anwered your question then? Do they or don't they hold an original agreement that they will reply on in court???

[PriorityOne]

Hi every one

I have received a response to my cputr2008 letter.

 

They say "You may recall having completed an application form(reply card) to confirm that you had read and agreed to be bound by the agreements Financial and Related Particulars and full Terms and Conditions. Upon receipt and acceptance of your application for a Monument Visa card, you were issued with a further copy of the agreements Terms and Conditions along with a Visa card and pin. Dependant upon subsequent card usage, statements would normally have been issued to you on a monthly basis. Any relevant Notice of Variation in relation to your agreement would also have been notified to you."

 

They also say they have complied with my section 78 request and stated they have complied with the Consumer Credit Act request and that they can send a reconstituted copy of the agreement, once again stating the Cary v HSBC bank case.

 

They say I should now start paying the account and that if the "enquiries and/or allegations continue, they may refer the case to their legal representatives HBJ Gately Waring LLP"

 

 

This is a complete dance around the houses, is fairly typical and answers nothing. You could write back and thank them for their recent letter but that you are re-directing them back to your original letter; the content of which has been ignored. Could they now please provide you with a direct answer under CPUTR and stop wasting your time by banging on about s78 requests and Carey; as both are irrelevant.

 

so they have not actually anwered your question then? Do they or don't they hold an original agreement that they will reply on in court???

 

No.... of course not....

[alamand]

Thanks Priority

 

I will write to them and ask for their reply to the 1st letter then.

 

Thanks

Alamand

[alamand]

Advice please

Hi everyone

 

Well it is 2014 and I am still recieving monthly statements asking for a minimum payment of £5 (which was the payment I paid on the DMP),

but no other correspondance(

 

 

I am not paying them anything. no payment since 2007).

 

 

I suppose they are sending the statements so it cannot be statute barred.

 

 

Just wondering guys about ppi on this one.

 

 

I know I paid payment break on this when it was at the beginning with providian,

I dont think we paid it long because we noticed it and cancelled it.

 

 

I dont think there would be enough to settle the acc if I claimed along with the charges.

 

 

They are not asking for more money so do I just leave it alone Guys????

 

 

Only problem is, is that the account is in limbo, and still hanging over me.

Many thanks

Alamand

 

I only have this acc and 1 with YB which has been passed to Marlin who has now contacted me after 4years.

 

 

Was wondering do I try and sort them both out now and get them out of the way.

[alamand]

Hi guys, just a quick question

 

Is this acc statute barred if no payment has been made since 2007???

 

They do send monthly statements tho.

 

Alamand

[alamand]

Hi Guys

Just to update on this.

Recieved a letter from Monument a few wks ago asking for payment but I didnt reply (was going to send a statute barred letter but I totally forgot)

 

They have sent me a notice at the weekend saying they are now charging me £10 for being behind with payments,

last payment I made was in 2007.

 

Am I right in sending the statute barred letter now ?

 

Letter : I refer to the alleged debt of £???? as referenced above, please note I do not acknowledge any liability to Monument.

 

 

Having reviewed my credit history I have concluded that any such alleged debt is statute barred,

 

 

therefore I will not make any payment or offer of payment now or in the future.

 

 

Monument will now confirm that this matter is now closed.

 

Looking through my paperwork,

 

 

I last was in contact with them in 2011 when they tried to pass it on to C.A.R.S.

 

 

I told cars it was in dispute twice and then Monument replied saying they had complied with my requests so I sent them a CPUTR 2008 letter

 

 

and they replied with their Final Response say they had complied.

 

I didnt contact them again.

 

Before that was 2009 with Monument sending some new t&c's and then 2008 before that and the start of this claim was 2007.

 

Is the letter above fine to send and am I right in that the account is indeed statute barred ?

 

Thanks

Alamand

 

They have been sending monthly statements every month from the beginning, with no interest or charges added.

[alamand]

Hi Guys

Well Im confused now guys.

 

 

As said above I have sent the Statute barred letter to Monument because they have now started contacting me and putting charges on the acc.

The letter from Monument was dated 5th May 2015.

 

Today I have received a letter from Arrow Global.

It says its a notice of assignment and that on 22nd December 2014 the rights of the acc were assigned to Arrow Global

and that NCO Resolve is now managing the acc and that i need to sart paying them.

 

I'm not sure as what to do now.

 

1. Why is Monument still sending me letters asking for payment and adding charges if it is sold to Arrow Global ?

 

2. Why has it taken 5 months for Arrow to get in touch advising me that they are the new owners ?

 

3. Do I wait for a response from the statute barred letter or send one to NCO as well ?

 

The letter from Arrow also stated that they were going to be in contact with CCCS regarding carrying on payments through them.

 

 

At the start of my dealings with credit agreements, I was paying reduced payments to my creditors through CCCs but cancelled it in 2007

when I commenced on this journey.

 

 

I am totally confused as what to do now guys, could someone please advise.

Many Thanks

Alamand

[alamand]

Hi

can anyone please advise on what to do next ?

[alamand]

I wonder if someone could just have a quick look at my post please over the weekend so I know what to do next

Thanks

Alamand

[dx100uk]

i'll look tomorrow

 

 

appears very few people are subed to your thread

 

 

dx

[alamand]

Thank you DX

[dx100uk]

the debt is statute barred

 

 

send the SB letter

 

 

or simply ignore them.

 

 

until/unless they are stupid enough to issue a claimform.

 

 

dx

 

 

 

 

dx

[alamand]

Thanks

I will see wot comes of the SB letter or as you say, if they try something.

Just thought it weird that both are at it at the same time.

 

Thanks

Alamand