CCA and the unCo-operative Bank

[2Tiko]

1. Sorry to be so dumb, but i'm really struggling with the concept of reclaiming charges when the OC is unable to provide the CCA. Surely the exercise is pointless if they can't produce the CCA?

 

2. I have drafted a letter (will add paragraph about reclaiming charges if required). Please can someone have a look at it? Have I made too many threats?

 

FORMAL COMPLAINT

ALLEGED ACCOUNT IN DISPUTE

Further to my recent correspondence and your response dated 5 August 2008 may I take this opportunity to remind you that Section 77(6) of the Consumer Credit Act 1974 states:

“If the creditor 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”.

Your letter dated 5 August 2008 confirms that “the original agreement under reference number XXXX XXXX XXXX XXXX is no longer available”. I fully intend to write to the Office of Fair Trading as you have committed an offence which is punishable by a level 4 fine. .

As you are aware, while my Consumer Credit Act request remains in default, enforcement action is not permitted; under s127 this constitutes a complete defence at law. Consequently, any legal action you pursue (as suggested in the penultimate paragraph of your letter dated 5 August 2008) will be averred as both UNLAWFUL and VEXATIOUS.

Data Protection Act

You have previously been given notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

Would you kindly confirm that you have complied with my earlier request (letter dated 2 June 2008) to remove all information regarding this account from your own internal records and from my records with the credit reference agencies and that the default notice you have placed on my credit file, together with the adverse markers, have been removed.

If you refuse to comply, then I will commence proceedings against you under ss13 and 14 of the Data Protection Act 1998. I shall also be claiming damages for adverse credit processing and defamation of character as the Co-operative Bank plc are in breach of the Fraud Act 2006.

Love and kisses

2Tiko

[dpick]

1. Sorry to be so dumb, but i'm really struggling with the concept of reclaiming charges when the OC is unable to provide the CCA. Surely the exercise is pointless if they can't produce the CCA?

 

2. I have drafted a letter (will add paragraph about reclaiming charges if required). Please can someone have a look at it? Have I made too many threats?

 

FORMAL COMPLAINT

ALLEGED ACCOUNT IN DISPUTE

Further to my recent correspondence and your response dated 5 August 2008 may I take this opportunity to remind you that Section 77(6) of the Consumer Credit Act 1974 states:

“If the creditor 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”.

 

This has been removed in the new Consumer protection from unfair trading regs 2008

 

Your letter dated 5 August 2008 confirms that “the original agreement under reference number XXXX XXXX XXXX XXXX is no longer available”. I fully intend to write to the Office of Fair Trading as you have committed an offence which is punishable by a level 4 fine. .

 

As you are aware, while my Consumer Credit Act request remains in default, enforcement action is not permitted; under s127 this constitutes a complete defence at law. Consequently, any legal action you pursue (as suggested in the penultimate paragraph of your letter dated 5 August 2008) will be averred as both UNLAWFUL and VEXATIOUS.

 

Data Protection Act

 

You have previously been given notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

Would you kindly confirm that you have complied with my earlier request (letter dated 2 June 2008) to remove all information regarding this account from your own internal records and from my records with the credit reference agencies and that the default notice you have placed on my credit file, together with the adverse markers, have been removed.

 

If you refuse to comply, then I will commence proceedings against you under ss13 and 14 of the Data Protection Act 1998. I shall also be claiming damages for adverse credit processing and defamation of character as the Co-operative Bank plc are in breach of the Fraud Act 2006.

 

Love and kisses

 

2Tiko

 

The rest looks ok to me, as regard the option to reclaim charges remembering that they do not have an agreement you can 1, tell them to get lost. 2, if balance of the account is greater than charges then reclaim charges and negociate reduced payment plan to pay off remaining balance. 3 if charges greater than balance reclaim charges and have soom cash come in eventually.

 

My own slant on this has been if the creditor has treated me with respect then I treat them with respect. All but one of the creditors that I have battled with treated me like s**t so I told them to get lost the other I negociated a reduced payment that one will be finished with in two months.

 

dpick

[2Tiko]

Thanks for your help.

 

The debt is £13k. There are £117 worth of charges! Apart from hassling us via their in house Solicitor before we went on the DMP they have been OK. Unlike the Halifax, they haven't added interest to the debt either.

 

Should we ask for the refund of charges in the form of a cheque?

 

Should we give them a deadline to respond? If so, how long should we give them?

[lexis200]

Hi

 

Just wondering if there's any update to this?

[2Tiko]

Hi Lexis200

 

The Co-op have now thrown the towel in (so to speak) and passed the debt onto Fredrickson International.

 

We sent Fredrickson International the "I am somewhat bemused" letter basically telling them to return the debt to the Co-op as the debt is unenforceable without the CCA.

 

Just got a letter today from Fredrickson saying "we have referred the matter to our client and will revert to you as soon as we are in receipt of instructions. In the meantime we have placed the account on hold".

 

I don't think they have a leg to stand on.

 

Watch this space!

[dpick]

Hi I would make a copy of the letter where unco-operative admit no agreement print that off and highlight this section

 

our letter dated 5 August 2008 confirms that “the original agreement under reference number XXXX XXXX XXXX XXXX is no longer available”

 

Then if any other bottom scrapers write to you send them the bemused letter with the enclosed copy, I found that this worked with two DCA from two creditors.

 

dpick

[citizenB]

Hi I would make a copy of the letter where unco-operative admit no agreement print that off and highlight this section

 

our letter dated 5 August 2008 confirms that “the original agreement under reference number XXXX XXXX XXXX XXXX is no longer available”

 

Then if any other bottom scrapers write to you send them the bemused letter with the enclosed copy, I found that this worked with two DCA from two creditors.

 

dpick

 

Nice one dpick

[2Tiko]

Good idea - will definitely do that if they or any other DCA reappear.

 

Thanks a million.

[lexis200]

Okay, so you're a few months down the line and in a bit of a holding pattern.

 

That's good to know as I'm just about to send of a letter to them about the 'agreement' that I have been sent, so I'm just starting out...

 

Thanks - and good luck!!

 

Lexis:)