Enaid v Monument ***Settled***and unsettled

[enaid]

Right just got letter from local court.
it's a block listing 17th August, no longer than 2 hrs
small claims track.

Directions are:
The Parties shall serve upon each other and at court 14 days before the hearing date.
(a) written statements of evidence etc
(b) copies of documents to be relied on
The original documents shall be brought to the hearing.

So there was no A.Q. even though the judge has considered it
Anyway is there a letter I should send because the A.Q was dispensed with or am I dreaming again?

[Happyolddog]

Hi Di,

You can request that the judge strikes out the defence, I cannot find a letter on here though.

Best wishes,
Hod..Liam..

[enaid]

On what grounds?

[Happyolddog]

Just spoke to sapphire and a letter with the grounds for striking it out will appear in the letters library later today.

[archer_66]

if the CCA you received is just a standard reply card then im pretty sure its not properly executed .mine just had my signature on it and not theirs.and its classed as an application not a correct CCA.have a look at it.If you arent sure take it to your local trading standards they can have a look at it and tell you.
the money youre claiming from them ,does it clear the balance of the card?
they are a right old pain in the bum,monument they dont listen and the people ive spoken to dont speak good enough english to understand what im saying! and they wont take my number off their records when ive asked!
but def take the CCA to trading standards to get it checked out.
im pretty sure you'll get your money before the court hearing cos it isnt worth much and their costs will be more.

[enaid]

No it won't clear it by a long way, I thought I would hold on to it though just in case!!!!! The T&C's they sent me were not the original ones I asked for either they are Monument ones not Providient. Thanks Archer anyway Enaid x

[archer_66]

well enaid if they dont have a properly executed agreement then it is not legally enforceable,unless a court deems it so.even if they take you to court over it they will still have to produce a properly executed agreement.you should def seek advise off trading standards about it.take the "agreement" with you and ask them.then they will advise you what u can do.

[enaid]

I think I will do, I just wondered if the change to Rapheals will make any difference to my claim, I have a court date 17th August. They said to carry on as norm, but I thought you had to sign a new agreement, not sure though.

[archer_66]

im not sure about the new agreement bit but it doesnt matter who collects on the debt they have to be able to provide the CCA for it.
trading standards would know for sure though

[enaid]

Thanks Archer I will take it in. Enaid

[enaid]

Hi Di,

You can request that the judge strikes out the defence, I cannot find a letter on here though.

Best wishes,
Hod..Liam..

Can any one tell me if I should be sending this letter please and if so where is it?

[enaid]

Right just got letter from local court.
it's a block listing 17th August, no longer than 2 hrs
small claims track.

Directions are:
The Parties shall serve upon each other and at court 14 days before the hearing date.
(a) written statements of evidence etc
(b) copies of documents to be relied on
The original documents shall be brought to the hearing.

So there was no A.Q. even though the judge has considered it
Anyway is there a letter I should send because the A.Q was dispensed with or am I dreaming again?

Can someone please advise me what to do next? Am I to send the draft order for directions letter, or a strike out of defence letter. I need to know also if you think nudge letters will work with these people as I can't find any that have been settled.

[Tempty]

enaid hun did you get your CCA looked at?
if all seems right with that then I can't see what grounds you would have for striking it out. I can't find this letter HOD mentioned either!! might be worth giving saphy a pm hun.
I can't see how nudge letters would hurt..... surely would only been seen in your favour for keeping communications open.

I wish I could help......total airhead me. Ya never know i may get far enough into my claim one day...to actually be able to help someone else!!!
would be nice to feel usefull

[enaid]

It's just a bit different to what has gone before no AQ and I have looked all over but can't find a settled claim with these that I can get a rough idea on how they work. I know it's barclays and they are not an easy bunch, I don't want to go down the no proper CCA route as my son would not be able to defend anything like that. I will see if anyone picks up on this and if not do some more reading lol. Thanks anyway Tempty. xx

[archer_66]

enaid i heard off trading standards today .they have to get me to sign a form to allow them to contact monument on my behalf ...will let you know what happens
whens ur date??