Sapphire v Cabot (Monument Card)

**Sapphire** · 1st April 2008, 12:03:PM

Re: Sapphire v Cabot (Monument Card)

Now considering it took them 5 months to send a copy of the application form, and the rules say they have 12 days to comply and after 42 days the agreement becomes unenforceable unless they explain to a judge why they didn't comply with the request, which we all know they won't do anyway, then I think this letter is due to send to them.

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on 3 November 2006, and my follow up letter dated 19 April 2007.

In my letter 1 November 2006 made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on 13 November 2006 and 13 December 2006 respectively.

As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore as at 13 December 2006 this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

I await your rapid response.

Yours Faithfully

**Paule** · 1st April 2008, 12:21:PM

Re: Sapphire v Cabot (Monument Card)

Have they send you a valid CCA now?

**Sapphire** · 1st April 2008, 12:45:PM

Re: Sapphire v Cabot (Monument Card)

They sent one in April 2007 but like I said it was somewhat late.

**Amethyst** · 2nd April 2008, 08:40:AM

Re: Sapphire v Cabot (Monument Card)

Doesn't matter hunny if you have it its valid. However in first letter they say they sent you the application form so might be worthwhile you posting up a scan to have a look at.

**Sapphire** · 2nd April 2008, 08:56:AM

Re: Sapphire v Cabot (Monument Card)

Ok so I'm losing the plot big-time pmsl. Jeeez when will I get my head back together ?
Anyway here's the scan, AND i've remembered to blank out the personal bits.

**Amethyst** · 2nd April 2008, 09:00:AM

Re: Sapphire v Cabot (Monument Card)

Good god that is a really really dire CCA if ever there was one lol.

did they send you the T&C's that they have asked you to sign that you have read - I suspect most of the prescribed info will be in those??

soooooooooooooooooo
I think a letter offering minimum monthly payment, interest frozen and requesting full T&C pertaining to the agreeement - and that you don't acknowledge the debt you arr making minimal payments as a gesture of goodwill whilst they find the correct information, and give a deadline say August................

**Sapphire** · 2nd April 2008, 11:43:AM

Re: Sapphire v Cabot (Monument Card)

Hows about this:

Dear .................

Ref: .....................

Thank you for your communication dated 26 March 2008 and I note your comments within.

If interest or other charges are being added to the account I would be grateful if you would freeze these so that all payments made will reduce the figure owed.

I also require that you supply me with the full Terms & Conditions pertaining to this agreement.

I do not acknowledge this debt , but as a gesture of goodwill I would like to offer a minimum monthly payment of £10, until you provide me with all the information that I require. In order that I can start payment I require you to supply me with full bankings details in order that I can set up a BACS payment.

I will give you until the 1st August 2008 to comply with my request.

Thank you for your assistance. We look forward to hearing from you as soon as possible.

Yours faithfully

**Amethyst** · 2nd April 2008, 12:15:PM

Re: Sapphire v Cabot (Monument Card)

Needs a bit of rearranging which I'll do in a sec, just got to sort my mummy out. brb.

**Amethyst** · 2nd April 2008, 15:03:PM

Re: Sapphire v Cabot (Monument Card)

Originally posted by sapphire View Post

Hows about this:

Dear .................

Ref: .....................

Thank you for your letter dated 26 March 2008. Your comments have been noted.

I do not acknowledge this debt. The document you have sent to me is nothing more than a simple reply card to a marketing thingy (oh help whats the word !!!) and does not comply with the Consumer Credit Act (Agreements) 2006 in that it does not contain the prescribed terms in relation to running credit agreements. I therefore require that you supply me with the full signed Terms & Conditions pertaining to this agreement.

However, in the interests of goodwill, and in acknowledgement that I appear to have been making payments to you for this account previously, I would like to offer a monthly payment of £10, until such time as you provide me with all the information that I require. If interest or other charges are being added to the account I would be grateful if you would freeze these so that all payments made will reduce the figure owed. I also require a full breakdown of this account since its inception to be sent to me forthwith.

In order that I can start payment I require you to supply me with full banking details in order that I can set up a BACS payment.

Thank you for your assistance. I look forward to hearing from you as soon as possible.

Yours faithfully

..................................

**Sapphire** · 2nd April 2008, 15:26:PM

Re: Sapphire v Cabot (Monument Card)

Ok its been agreed the missing word was 'Literature'

Letter done and posted off today.

Thanks Ame hun !!!!!!!!!

**Paule** · 2nd April 2008, 15:34:PM

Re: Sapphire v Cabot (Monument Card)

Originally posted by sapphire View Post

I do not acknowledge this debt , but as a gesture of goodwill I would like to offer a minimum monthly payment of £10,

Surely by paying them you are acknowledging the debt, or am i missing something here.

**Tools** · 2nd April 2008, 16:53:PM

Re: Sapphire v Cabot (Monument Card)

Do they acknowledge their charges are fair when they give you a `gesture of goodwill` refund?

Offering to make minimum payments is recommended, if Monument DO come back with a valid CCA and it goes to court then this will look favourable for Sapph with the Judge.

**LuggerBugs** · 6th April 2008, 16:51:PM

Re: Sapphire v Cabot (Monument Card)

HIYA SAPPHIRE. GUESS WHO's back (Oops. Caps lock on)

Although I agree with Tools, I'd say the chances of them finding an agreement is likely to be zilch. If they had one, they'd have found it by now. And lets face it, we all KNOW these application forms were treated as the agreement, so no way willl there be a valid CCA. What they sent, is what they'd hve to rely on in court, IMVHO.

**Amethyst** · 6th April 2008, 17:04:PM

Re: Sapphire v Cabot (Monument Card)

Yes it is (ie I agree with you), and if they take her to court she has her reasonableness as back up - considering her overall financial situation this is important.

Sapphire v Cabot (Monument Card)