Submitted my costs to the Un coperative and will await their response. Also received confirmation from ICO that the Un Co op breached the DPA so I have also hit them with damages. Can anyone give me any feedback reference my 14 July post? Will keep you posted Regards Z

Signed and subbed

Hi everyone, Quick update - calculating the wasted costs to hit the uncooperative with - taking far longer than imagined Also the court informed me today that the case was filed as the Un Co op had discontinued. I assume that my counterclaim against them for my charges also gets binned? Any advice anyone please? Also as they did not admit to not having a properly executed CCA can I force them to remove any adverse credit entries? Do I need to apply to the court to get them to admit No agreement via CPR route as raised by pt 2537? Any advice would be really helpful. Thx:-)

Hi everyone, Anybody have any thoughts on my response to the Un Co operative? I am not sure how to word my demands for no negative processing and reclaiming my charges. As I counterclaimed I assume I can continue with my claim for charges irrespective of thier discontinuance notice Thx Z

Hi diddydicky, All done.

Will do

Hi everybody, Just received letter from Cobbetts - who state that as far as the Un coperative are concerned the matter is closed and that I need to submit a breakdown of my costs to them so they may take instructions from the un Co operative. They have ignored my request for removal of all negative data and to cease processing any further data and also my claim for charges. Any suggestions on what I should do next anyone? Regards Z

Much appreciated citizenB Will update when calculated Thx

Good morning 42man thanks for your input - as small claims I believe I can claim some costs but not sure exactly how to calculate. I will admit there was a great deal of work involved in this case which took up a great deal of time. I would like to claim and then donate some to CAG. Istheir a template for claiming? Regards

Thank you Scott, I let you know when i get a response from them. In the meantime if anyone can add anything it would help me a lot.

Hi everybody, Been a difficult few months personally but I would now like to update as it may well assist others that find themselves in the same position as me. After my last post I felt I had better read a great a number of threads on CAG. This I did and it helped me immensely. The knowledge gleaned gave me a great deal of confidence. Thanks to everyone. Regarding my case, I originally put in my defence (which was very poorly constructed as it was prior to my knowing of CAG) and a counterclaim against Un cooperative for the charges they had levied against me over the past 6 years. The court gave directions requesting the Un Co operative to provide a breakdown of what were principle debt, interest and charges along with proof of their authority to raising the charges I was to confirm the sum I disputed and/or admit. The Un co operative then issued an application notice requesting the court ‘strike out my defence’ on the grounds of ‘no reasonable grounds for defending the claim and requested a hearing to that effect. The court confirmed this would take place in November 08 Cobbett’s solicitors acting for the Un cooperative then sent a lengthy witness statement incorporating the courts previous directions. I responded by stating that the Un co operative had still not complied fully with my previous DPA requests – going back to early 2008. I had received some info – but piecemeal – however no agreement. I also submitted an Application to the court stating that they had not complied with full disclosure. The Un cop operative said they would look into it and Cobbett’s sent an ineligible copy of an application stating it was my agreement with them and that it had a credit limit handwritten on it on it as well as being signed by me, along with my address. They confirmed they were still proceeding with the up and coming hearing. Cobbett’s then decided to ‘scare me’ and sent me a letter enclosing their costs to date of approx £2500.00. I didn’t understand this as it was a small claims court and therefore I believed they couldn’t claim these from me. A few days prior to the hearing they sent me more items from my file under my DPA request. I had by now requested info from them under the DPA several times. I requested they confirm I had everything that I was entitled to – this they would not do – they asked could I confirm what I would require. Lots of flannel!!! I eventually lost patience and after speaking with the ICO submitted a complaint to the ICO regarding the lengthy delays in sending me my copy file. This all being a few days prior to the court hearing. I wrote to the court requesting an adjournment to the hearing. This was Ignored by the court. I felt I had to attend. At the hearing I was able to put a defence together by researching CAG. I highlighted the fact that the Un cooperative had not supplied a legible agreement. Also an incorrect account number on the application form they submitted. They submitted no relevant T&C’s and no default notice. The Judge stated that the section 127 had been repealed in 2006. I highlighted to the judge that he was incorrect as the relationship was prior to this and therefore CCA 1974 applied. He accepted I was right. He asked if I admit to any of the claim. I said no. Therefore he gave leave for the Un co operative to retype the purported agreement and to call any witnesses they wished but dismissed their application for a ‘strike out’. He also allowed me to serve any amended defence. A full trial date was scheduled. The Un co operative then submitted a second witness statement. I in turn with CAG’s assistance submitted a fuller defence – 17 pages in all. Cobbett’s responded by making an offer of accepting approx 40% of the amount they claimed. I did not respond. Cobbett’s then wrote to me several days prior to the court date stating “our client has made a commercial decision to discontinue the above Claim and we enclose a Notice of Discontinuance” The current position is that I have written to Cobbett’s stating I will only consent to Discontinuance if they remove all the negative credit entries and stop processing any information about me. In addition I requested payment of the charges they levied against me and also costs. Awaiting their response!!!

I'm not sure if there is another thread on the subject of Receivers appointed by mortgage companies - someone please let me know, but I think this is a major attack by lenders on customers, that is being backed by the Council of Mortgage Lenders (CML). However the CML have recently made a statement via their web site regarding this and if the property in question is a family home their members will not repossess. It is totally underhand and is being used by lenders to increase their fees, obtain posssession of the property quickly and sell it quickly, I'm sure at below market values. Check your contract - under the Law of Property Act 1925 the lender may have the right to instigate the appointment of one or more receivers to take control of your property. They cannot however force entry into your property. They are your agent and are meant to have your interests at heart!! However you are liable for their costs and the lender is not responsible for any errors or mistakes they commit, (seems fair to me:-x) which I am sure includes selling your property at a below market value. From what I know they have a disproportionate amount of power! I believe the lenders are abusing this element of the contract in many ways and I am sure there are things that can be done to prevent this underhand and very aggressive attack by the lender. I am researching this subject in more detail and will update as soon as I can as I have had first hand experience of dealing with these people. Firstly check your mortgage terms and conditions ref the appointment of a receiver. Some lenders can appoint after 1 months missed mortgage payment. Do the T&C's confirm their role and pay or provide any definitions or is it a bit wooly? There are guidelines to their pay - some lenders seem to charge an upfront fee of £1000+ when I understand they should be paid monthly and for example, if they collect rent on behalf of the owner and mortgage co. they are only entitled to 5% of what they collect. They have to do something for their fee. Unfair terms and harrassement of the owner and tenants all spring to mind. They place notices on the property windows or front door - just to let all your neighbours know they are in town. If they say they are going to sell - it has to be with the instructions of the lender! Try to obtain 3 local agent valuations and check land registry for local values. If you are paying the mortgage in full or part state your case to the lender. The receiver cancels your property insurance automatically - this could cause problems. If you have tenants they will inform them not to pay you any monies but pay them and that if the tenants do pay you they will end up paying twice! Do not believe this is the case. Need to check on this. They also characther assasinate you to any tenants. Tenants can use this against you and make complaints about you/property or not pay rent, etc. can get very messy. Sorry can't help much more right now. Hope this helps though.

Hi everyone. Can someone please look at the two forms that I have attached. The Un - coperative are preparing to submit their claim against me and I'm running out of time to prepare for their attack. Really appreciate opinions on enforceability. Help! thanks

I now have placed the Co op form no.1 and no 2 here Image of Co -op form 2 - Photobucket - Video and Image Hosting Please view and let me know your thoughts. Many thanks

Thanks Scott I'll get cracking straight away