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Traintester's Monument Unenforceability / Statute Barred Diary
This is related to another thread Very Vague letter from Debt Managers Ltd - allaboutFORUMS maybe a MOD will move it / merge it if appropriate.
This thread represents the chain of events relating to a Monument account. There are several DCAs that have been / are involved along the way, Fredrickson International, Arrow Global, Scotcall Limited and Debt Managers (Services) Ltd.
I was first taking advice from Martin's Morality Spouting Expurgaters and left there with a bad taste in my mouth but luckily I didn't drop myself in it as a result of their piety.
Then I had a break in communications for a couple of years, it started up again and then I became a member of Niddy's happy band of well advised folk and haven't looked back since. I've still made a couple of minor errors, this is down to me and me alone, the only advice I could give anyone else contemplating going down the UE route is to read as much of this site as possible with the amount of time you have available, IT IS TIME WELL INVESTED. Don't be afraid to ask as many questions as you need to, even if you feel that you may be asking the obvious.
I know that my story may not be the highest value one around at about £9000 but that is still £9k that I have not had to shell out.
Niddy and the team are a mine of information without the moral stance found on some other forums, I feel comfortable here.
Anyway, enough of this and here is the Monument Diary so far.
29/03/04 Accosted by a person in the street and invited to get a Credit Card from Monument (Barclays), signed an application form missing most of the required information for it to be an enforceable agreement.
19/04/04 Account approved.
Mid 2006 - life fell apart for various reasons resulting in loss of income and shortly afterwards loss of place to live, fortunately I had the foresight to get mail forwarded to a safe place for a number of months while I attempted to get life back together. This took some time and I was incommunicado as far as all financial institutions were concerned. Life got back together enough that I got on the electoral role and then.....
09/12/06 Statement issued saying account 2 months in arrears and suspended. No official default notice ever received.
28/05/07 Date of default according to Noddle etc.
21/01/10 Letter received from Bryan Carter asking me to get it touch with Fredrickson International Ltd threatening proceeding unless I made full and final payment within 14 days. This sent me in search of help but instead I found MSE.
23/01/10 CCA request template from MSE sent to Fredrickson Int.
29/01/10 Letter from Fredricksons saying matter referred to client, account placed on hold until receipt of instructions from client.
08/03/10 Letter from Fredricksons enclosing a photocopy of the application form (missing prescribed terms and conditions) I signed in the street and statements from when I stopped making payments to the account. The letter said "We hope this clarifies matters and look forward to hearing from you with your proposals for the discharge of this account".
This threw me a bit as MSE was offering no useful advice apart from stuff along the lines of "you borrowed it, you owe it, you pay it"
I then put my head in the sand for a bit hoping it would all go away until I received...
25/03/10 Final demand from Bryan Carter threatening court proceedings unless I paid up and suggesting that I get legal advice.
Interestingly they suggested that I could pay by credit card! I was a little concerned at this stage by the fact that I seemed to be getting letters from two separate agencies (Freds and BC) about the one debt and also this letter made a mention of a previously to me unknown agency Arrow Global LLC. This set me digging around, then I found out the incestuous relationship between Fredrickson, Bryan Carter and Arrow Global and also all the bad stuff that BC was getting thrown in their direction regarding malpractice etc. Now I dug my heels in and found information on CAG's site about unenforceability and started down that route with...
29/03/10 Letter to Bryan Carter regarding section 127(3) prescribed terms etc.
NEXT UP WAS
Letter from Bryan Carter
"Dear Mr ******,
We refer to recent communication.
Please note we are no longer instructed in connection with this matter and have returned the account to our client.
Yours sincereley
Bryan Carter & Co."
21/03/11 Notice of assignment that Arrow Global assigned the debt to Arrow Global Guernsey and all queries should be directed to Westcot Credit Services who I have never heard from before or since.
26/09/12 Letter from Scotcall Limited threatening a doorstep visit.
I ignored this one waiting for something further but nothing else ever arrived.
Letter from Debt Managers (Services) Ltd.
This is continued here ---> Very Vague letter from Debt Managers Ltd - allaboutFORUMS
This thread represents the chain of events relating to a Monument account. There are several DCAs that have been / are involved along the way, Fredrickson International, Arrow Global, Scotcall Limited and Debt Managers (Services) Ltd.
I was first taking advice from Martin's Morality Spouting Expurgaters and left there with a bad taste in my mouth but luckily I didn't drop myself in it as a result of their piety.
Then I had a break in communications for a couple of years, it started up again and then I became a member of Niddy's happy band of well advised folk and haven't looked back since. I've still made a couple of minor errors, this is down to me and me alone, the only advice I could give anyone else contemplating going down the UE route is to read as much of this site as possible with the amount of time you have available, IT IS TIME WELL INVESTED. Don't be afraid to ask as many questions as you need to, even if you feel that you may be asking the obvious.
I know that my story may not be the highest value one around at about £9000 but that is still £9k that I have not had to shell out.
Niddy and the team are a mine of information without the moral stance found on some other forums, I feel comfortable here.
Anyway, enough of this and here is the Monument Diary so far.
29/03/04 Accosted by a person in the street and invited to get a Credit Card from Monument (Barclays), signed an application form missing most of the required information for it to be an enforceable agreement.
19/04/04 Account approved.
Mid 2006 - life fell apart for various reasons resulting in loss of income and shortly afterwards loss of place to live, fortunately I had the foresight to get mail forwarded to a safe place for a number of months while I attempted to get life back together. This took some time and I was incommunicado as far as all financial institutions were concerned. Life got back together enough that I got on the electoral role and then.....
09/12/06 Statement issued saying account 2 months in arrears and suspended. No official default notice ever received.
28/05/07 Date of default according to Noddle etc.
21/01/10 Letter received from Bryan Carter asking me to get it touch with Fredrickson International Ltd threatening proceeding unless I made full and final payment within 14 days. This sent me in search of help but instead I found MSE.
23/01/10 CCA request template from MSE sent to Fredrickson Int.
29/01/10 Letter from Fredricksons saying matter referred to client, account placed on hold until receipt of instructions from client.
08/03/10 Letter from Fredricksons enclosing a photocopy of the application form (missing prescribed terms and conditions) I signed in the street and statements from when I stopped making payments to the account. The letter said "We hope this clarifies matters and look forward to hearing from you with your proposals for the discharge of this account".
This threw me a bit as MSE was offering no useful advice apart from stuff along the lines of "you borrowed it, you owe it, you pay it"
I then put my head in the sand for a bit hoping it would all go away until I received...
25/03/10 Final demand from Bryan Carter threatening court proceedings unless I paid up and suggesting that I get legal advice.
Interestingly they suggested that I could pay by credit card! I was a little concerned at this stage by the fact that I seemed to be getting letters from two separate agencies (Freds and BC) about the one debt and also this letter made a mention of a previously to me unknown agency Arrow Global LLC. This set me digging around, then I found out the incestuous relationship between Fredrickson, Bryan Carter and Arrow Global and also all the bad stuff that BC was getting thrown in their direction regarding malpractice etc. Now I dug my heels in and found information on CAG's site about unenforceability and started down that route with...
29/03/10 Letter to Bryan Carter regarding section 127(3) prescribed terms etc.
NEXT UP WAS
Letter from Bryan Carter
"Dear Mr ******,
We refer to recent communication.
Please note we are no longer instructed in connection with this matter and have returned the account to our client.
Yours sincereley
Bryan Carter & Co."
21/03/11 Notice of assignment that Arrow Global assigned the debt to Arrow Global Guernsey and all queries should be directed to Westcot Credit Services who I have never heard from before or since.
26/09/12 Letter from Scotcall Limited threatening a doorstep visit.
I ignored this one waiting for something further but nothing else ever arrived.
Letter from Debt Managers (Services) Ltd.
This is continued here ---> Very Vague letter from Debt Managers Ltd - allaboutFORUMS