Longwaydown vs Co-op credit card

[Longwaydown]

My journey so far:

 

Sent a CCA request on 5th Jan 09, signed for on 6th, 12 + 2 days expired on 23rd Jan. Sent account in dispute letter on 26th Jan and stopped making payments.

 

I've had so many calls from them, I've lost count. 7 days a week, 4 or 5 times a day, mostly automated call centres.

 

Received a letter from the Debt Management Dept dated 24th Jan advising me they had cancelled the account.

 

Then on 29th Jan, I received a Default Notice dated 24th Jan, but posted on 28th Jan advising I'd have to pay the balance in full if I hadn't cleared the arrears by 7th Feb.

 

I've had 3 emails from them, 2 saying they can't find the letter I sent them and asking which address it was sent to.

 

This evening, I answered a call from them (not a call centre this time) and the woman was saying they will take action against me and did I have any intention of making payments.

 

My response was - If you can prove the debt is enforceable, I'll be happy to make payments - if not, then no. She asked whether I thought the fact that I'd made payments suggested that I accepted the debt was mine. To which, I advised her the law didn't work that way.

 

Has anyone had a similar experience with the Co-Op? If so, what was the outcome?

 

Thanks in advance

 

LWD.

[Longwaydown]

Had another phone call saying that I can't stop paying because I'm waiting for a copy of my agreement - the chap was getting quite shirty and advised me they would be asking for the full debt to be repaid. He wouldn't accept that I would pay if they proved the debt enforceable and kept asking me if I was in financial difficulties.

 

I replied that my financial situation had nothing to do with my request and the fact that I was within the law to dispute the account.

 

After this call, I returned home and received a letter from them demanding immediate repayment of the full balance including charges and interest and threatening referral to their Head Office Recovery Department for action, which may include court proceedings.

 

Anyone got any bright ideas as what to do next?

 

Thanks in advance.

[Guest Gordons Barking]

Send them the template no more phone calls please, probably will not work so change your number, your mood improves quickly. Then you can send out another template telling them where to go and threatening the FOS, Info Omb etc etc. It seems to work apart from MBNA who are ladyboys and will keep attacking your letterbox regardless :¬)), it gets amusing once the calls stop, as long as the letters are not actually from the court you have the option to just ignore them or bung out a standard reply every couple of months.

[ltc1607]

Hi at the same stage as you with the co-op i have just resent all my previous letters to them as it seems nobody reads them i get about 5 calls a day but dont answer.i will keep you updated

[stressed mum!]

same here dont we just love em!!!!

[pompeyfaith]

i had the same problem and it did not stop until i passed the complaint to the FOS HELL THAT BANK OWES ME £29,000 which they will not pay up but its ok for them to chase me for a couple of hundred.

 

Regards

 

Pompeyfaith

[Longwaydown]

It's nice to know I'm not alone on this one! I've just checked my credit file no default notice yet - hopefully, the letter I sent on saturday will keep them at bay.

 

The more I read about Co-op, the more I don't trust them, so i'll keep a close eye on my credit score regularly.

[pompeyfaith]

Oh they are very ethical by the way................. NOT

[ukaviator]

I have a thread running for a friend. No CCA phone calls have stopped, but they still process data to the credit reference agencies, and they have sent Fredrickson International to try and get the amount owing.

 

Sent them packing, Co Operative have now sent the account to Moorcroft Debt Collectors, even after being told the account can not be collected by Fredrickson International.

 

Expect some of the same.

[Longwaydown]

My wife has just taken a call from Co-op who have said if I don't talk to them on the phone, they'll send someone round. I didn't think they could do this and it's obviously got her worried as I am at work most days.

 

They have not responded to the letters I have sent them and continue to send me letters saying they will default me etc. I presume from other posts that this is normal & I should stick to my guns?

[ltc1607]

They have not responded to any of my letters and have told me the same thing I am ignoring them untill such time they produce a cca.

[Longwaydown]

Good news, I think!

 

Received a letter from a person in Customer Feedback dept dated 5th Feb but only delivered today and enclosing the original postal order I sent saying:

 

"I refer to your letter dated 5th January. nfortunately, I'm unable to provide you with a copy of the credit agreement you requested.

 

I trust this information is of assistance to you."

 

It did mention the account number I requested the CCA on but also mentioned that it was linked to another account number. Looking back through my records, I can't see what that related to.

 

What does all this mean?

[stressed mum!]

excatley the same stage as you longwaydown they have issued me with a default notice which according to 42man is a joke regarding the dates.

Don't worry about them coming round it's just a scare tactic they did the same with me even if they did come to the door they have no more right to grace your doorstep than the milkman!! Tell them that you do not want to speak to them don't give them your name ect and to put it in writing.

Keep the letter you recieved about them not having the cca safe as while they can't find it or don't have it it's enforcable!

Edited February 22, 2009 by stressed mum!

[Longwaydown]

Not much happening on the CCA front for me recently - had a couple of letters from feedback advisors confirming their investigations into my complaints are not yet complete.

 

No calls either but they have recorded non payments on my credit file despite letters asking them to cease processing data. The threat of them instructing a DCA (letter on 6th March) has come to nought as well.

 

Is it worth raising a complaint with the FOS yet? or is there any other action I should be taking?

[pompeyfaith]

trust me you will get NO RESPONSE from the unco-operative i have a big stack of unanswed mail so yes time to go to the next level

[Longwaydown]

Ok, I've now lodged a complaint with the FOS for what good it will do. I've raised a complaint with them about Lloyds and tehy have now given LLoyds 14 days to give a final answer. I'm not sure what will happen if they don't comply - any ideas?

[Bincrunched]

Hi bincrunched here,

Had all of the same problems with this mob! I sent them a 'Harassasment letter' from the templates and also informed them that all my calls were recorded! I refused to discuss anything on the phone and told them to put it all in writing cos they are merely trying to get you to admit you owe them the money, cca agreement or not. Never admit liability! They took me to court, had a hearing but they had no valid agreement, a week before the trial date they discontinued the proceedings! now I'm going after them for my charges! wish me luck!;-)

[Longwaydown]

Hi Bincrunched,

 

So did you actually get to court? are they still listing non payments on your credit file or have they conceded that there is no agreement?

 

Sorry for so many questions, but it's really useful to hear other experiences that are so close to mine.

 

Good luck btw!

[stressed mum!]

Good luck with the charges bincrunched let us know how you get on.

 

I've just sent them a cpr requst as they just sent me an application form which I must have filled in at time of mortgage with NR and a few statements it had no apr credit agreement amount or t&c let you know what I get back!!

[Bincrunched]

Hi Bincrunched,

 

So did you actually get to court? are they still listing non payments on your credit file or have they conceded that there is no agreement?

 

Sorry for so many questions, but it's really useful to hear other experiences that are so close to mine.

 

Good luck btw!

 

Hi longwaydown,

I had a pre-trial hearing in small claims with a future trial date but they discontinued the process almost at the court door!

I'm not sure what that actually means to me except that they cannot now re-open the case. I can however still claim my charges. I might have more trouble clearing my credit because they 'Discontinued' but did not admit that the agreement was unenforcible even though we know that's the real reason!

[SURFBOY]

I have a long running battle with the co op, they owe me over £3000 in penalty charges(case on hold) and i have been trying to get my visa credit card agreement from them, this has been going on since early 2007, i have seen off all the DCAs they set on me , i have sent CCA requests , CPR 31.16 requests and every time all they come up with is the same application form with my sig on it but precious little else and every time they state that it is an enforcable agreement and that i should pay up or else. As i said this has been on going since 2007 and i still have not been near a courtroom, the DCAs are easy to scare off , just state that account in dispute and co op should not have passed it to them. The visa card was taken out in 2005.

[shakti]

i have a coop credit card they sent me a cca not enforceable, so i said tough, they sent me a letter saying my ACCOUNT had be terminated ...THANKS VERY MUCH i thought the card should have been terminated since then they have asked me to phone ..,yeah right!! anyone got any veiws?

[ukaviator]

From now on do everything in writing. You need to keep a paper trail. It maybe worth starting your own thread now that you are in dispute with them.

[shakti]

thanks ukaviator i will

[Longwaydown]

Hi Chaps

 

Bit of an update - Haven't heard much from the Co-Op for a while until about a month ago - received a termination notice dated 18/09, then a default notice dated 02/10, then another termination notice dated 17/10. Just how many times can they terminate an account?

 

The FOS were, not surprisingly, in the favour of the bank with my complaint as they can't be seen to condone us consumers taking advantage of the bank's mistakes.

 

In any case, I'm just about to send this - any thoughts? Do I need to go further?

 

I refer to your Termination Notice of 18 September 2009, Default Notice of 2 October 2009 and Termination Notice of 17 October 2009 and would remind you of previous correspondence advising that this account is in dispute and as such, these notices have been unlawfully served.

As you are well aware, the account will remain in dispute until you supply me with a true copy of the credit agreement as required by s.77/78 of the Consumer Credit Act 1974.

Your own correspondence confirms you cannot provide an agreement thereby rendering the account unenforceable.

I therefore require the account to be set to zero and all data processed by yourselves be removed from your records and those of any and all credit reference agencies where you have registered information.

I look forward to hearing from you with confirmation that my requests have been actioned.

Yours faithfully