Janie ~v~ Monument/Cabot

[Janie1962]

Hi - this is my first posting, so please bear with me! In about February 2007 Cabot started to harrass me for an alleged debt to Monument for around £1,100. At the time I was a single parent suffering from severe clinical depression and taking the kind of medication that turned me into a zombie of sorts - totally unable to function properly. They continued to intimidate me at a time when I was most vunerable so in the end I agreed a repayment plan. Now, the rub is - I don't ever recall having a credit card with Monument. The only one I can remember having is a Cap One card, and that's paid off, done-and-dusted. In March this year (off the medication and much better!) I decided to SAR Monument. After much more than the 40 days allowed, my original request was returned. It had also been sent to Barclaycard and CompuCredit, but none of the 3 had turned up any info whatsoever on that account number. I then sent a CCA to Cabot, who were unable to supply any documentation. Therefore, the account has been placed on hold. My problem is this - am I entitled to a return of the £200 I have already paid Cabot? My reasoning is that if I had had my wits about me, I would have CCA'd them at the beginning and therefore not paid anything (the debt being unenforceable). Another strange thing is that Cabot sent me a statement showing they had the debt for almost THREE years before chasing it. Did they go "phishing" - and catch me - after failing to find the correct debtor? They won't answer my questions at all. A search by them was recorded on my credit file last week, but they won't tell me why. They have no reason to do this, so I have informed Experion and they are investigating. Thank you for reading - does anyone have any advice, please?

[Sapphire]

Re: Janie ~v~ Monument/Cabot

Hiya Janie,

Well this is a different situation and one I have not heard of before. Don't worry though I shall 'flag' this up and one of my more experienced friends will be along to help.
In the meantime I'd like to say welcome to the site and don't worry its nothing that can't be sorted out hun.

[Janie1962]

Re: Janie ~v~ Monument/Cabot

Thank you!

[Guest]

Re: Janie ~v~ Monument/Cabot

I would think that you would remember having a credit card and with whom you had it. Certainly if you have paid a debt that is not yours, you are entitled to claim it all back, plus interest. You may also be entitled to compensation and I would certainly claim this too.

This is money paid under a mistake of fact and you are entitled to recover it. There is caselaw going back over 160 years, one of the earliest is Kelly v. Solari (1841) 152 E.R. 24 at 26 where Baron Parke stated,

"I think that where money is paid to another under the influence of a mistake, that is, upon the supposition that a specific fact is true, which would entitle the other to the money, but which fact is untrue, and the money would not have been paid if it had been known to the payer that it was untrue, an action will lie to recover it back, and it is against conscience to retain it."

If you are absolutely certain that you have never had a Monument card, much less failed to pay it, then issue Cabot with a Letter Before Action giving them fourteen days to refund you in full and if they do not, issue a claim for every penny you have ever paid them, plus interest (either at 8% or at whatever rate they charged you) and court costs and a reasonable sum in compensation for distress and then sit back and wait.

If you need help drafting the LBA or particulars of claim then post details here and we can help.

[Janie1962]

Re: Janie ~v~ Monument/Cabot

Have just received this through the post from Ken Maynard:-

"You have stated that there is no agreement relating to this account. However it is clear that this debt exists, as you have made regular payments. Subsequently by your actions you have acknowledged this account and the outstanding balance. Therefore it is the case that you signed an agreement in order for you to receive the relevant credit by means of a credit card."

Just going round in circles...........!

[Guest]

Re: Janie ~v~ Monument/Cabot

That will be a template letter, it is meaningless, ignore it. There is no need to attempt to make a debt that is not yours and never has been unenforceable.

Send them the Letter before Action now, but only if you are sure you never had a Monument card.

[WendyB]

Re: Janie ~v~ Monument/Cabot

Well obviously the debt exists - but it looks like its not your debt, they could quite possibly be chasing the wrong person. You could point this out in your letter to them. Also point out that the burden of proof is on them. If you are absolutely sure you have never had a Monument card, send LBA as Cet says. Don't bother telling them why you "acknowledged" the debt, keep that for later, if needed.

[Janie1962]

Re: Janie ~v~ Monument/Cabot

Thanks for the advice, guys. I don't remember the debt at all, and at the time of the alleged issue of the card to me, I was a single parent renting a council house, bringing up 2 small kids on IS - I don't see how even Barclays could be that irresponsible (although I guess it happens). Will send LBA as advised & see what happens. Thanks again!