ST1973 V Co-Operative (Smile bank)

[pompeyfaith]

ok then i think a phone call to the bank is in order if you look at the stickys first there is info there on this subject

[St1973]

cheers, will look this up. I didnt think they could touch Benefits or an account in dispute

[intree]

These banks are getting away with far too much, smile dont appear to have a valid agreement yet they behave in a most innapropriate manner, and take money from another of your accounts................they dont have the authority to do this even when they appear to think they do, as they are in default.

 

As far as

[intree]

I am concerned I closed all my accounts with coop and smile b4 I asked for my agreement as they can, if they chose reduce your credit to 0, but then again, one is always wiser after the even.................suppose a complaint to the appropriate regulatory body would be helpful - I am no legal expert but have been helped on this site many times - but at least there are others like me and PF who will help as much as we can.

 

dont let them get you down..........after all what more can they do, apart from throwing toys out of the pram, as they have done................move your accounts if you have not done this now.

[pompeyfaith]

I using my mobile phone at the moment as cant get to my pc until this evening so im unable to post links for you so ill check back this evening and put some links up if you still need them thanks intree for your input PF

[St1973]

Guys much appreciated. I am just gutted they have done this and was preventable as I didnt move the accounts. It was two months of Child Tax credits they lifted. I'm more annoyed with myself over the matter. All it has done effectively is to make me more determined to fight them!

[pompeyfaith]

ST there is no point in kicking yourself we all make these mistakes and it is that the banks prey on you are now at the right place to get the advice needed to sort this out

 

Have you googled the word ethical lol it is something the co-op is not PF

[St1973]

This is the Default and Term letters sent to me from Smile....

 

 

...Are these OK/Not OK? if not, how do I respond?

 

Cheers

 

S

CoOp_Term&Default.pdf

[Tartan Barty]

The remedy date should be 14 clear days after service. The 11th April was a Sunday so the earliest it would have been in the letter box would be Monday and then 2 days service would have been the 14th so it should read the 28th but only if they can prove you received it on the 14th. I guess this wasn't hand delivered by a smile errand boy?!?

 

I have the same with a loan and a cc with them they didn't even send DN but ternminated them and then 15 months later registered defaults. They won't even take my money now...ping pong I send it, they send it back. Just getting a complaint together for the ICO.

[St1973]

This is what is confusing...The Account was terminated on the 9th September 2009 (see attachement) and yet they took money from another account last week to fund it.

 

I will dig out the associated Default that came with that (why do they do this twice???)

Coop Term.pdf

[St1973]

It is obvious that my Default notices are both faulty and have the subsequent termination notices also.

 

I would like to reply to the Co-op as they are getting quite sinister now.

 

Does a template exist in response to dodgy defaults?

[St1973]

Pompey,

 

Could you post the useful links please when you get a chance?

 

Thanks

[St1973]

Ive posted this as a response....

 

Dear Sir/Madam

I write in connection with a credit card account referenced above which remains in dispute.

 

In Feb 2009 I requested a copy of the credit card agreement for the account referenced above in accordance with Section 78 of the Consumer Credit Act 1974. What I was sent doesn’t resemble an agreement in any sense.

 

This application form and subsequent sheet does not fulfil the requirements for a copy of an executed agreement under the terms of the Act and is unenforceable in law. I refer you to my letter dated 16/11/09 for further details.

Furthermore, in Sept 2009 and recently in April 2010 you sent me an invalid Default Notices in connection with this disputed account. The date by which to remedy the breach of the alleged agreement is given on the Notice as 14 days from the date on the Notice when in fact under the Consumer Credit Act 1974( as ammended in 2006) the time that must be given to remedy a breach of agreement is 14 days after the date of service. The date of service in law is deemed to be 2 days after the date on the Notice if it was if sent by 1st Class post and 4 days after the date on the Notice if it was sent by 2nd class post. There then must be 14 clear days after the date of service allowed to remedy the breach.

All the Bank did was set a date 14 days from the date on the Notice, rendering the Notice unlawful as it did not allow sufficient time for the alleged breach to be remedied. The Bank then terminated the alleged agreement, unlawfully rescinding the disputed account. The Bank then entered an unlawful default on my credit reports as they did not serve me with a valid Default Notice before terminating the disputed account.

The Information Commisioner is clear that all entries to credit reference reports must be made in accordance with a recognised industry standard. The Bank's actions have in my case not only fallen well short of the recognised standard but have been in clear breach of the consumer credit and data protection laws.

 

Unless the Bank can provide me with documentation in which I gave the Bank my express written permission to process my personal data, I require them to cease all use of my personal data with immediate effect and remove all entries from my credit reference reports. It will not be good enough to assert that I must have signed it – I require clear documentary proof of written permission.

 

The Bank has 21 days to reply and action as necessary. Failure to do so will result in further action from me, including but not limited to, formal complaints to the Information Commissioner and the Office of Fair Trading Consumer Credit Licence Fitness Department re gross misuse of my personal data and blatant breaches of the consumer credit laws.

 

I look forward to hearing from you.

I trust this out lines the situation

[St1973]

Nothing from the Co-Operative until Today when Moorcroft Debt Recovery limited sent me a demand for Full Payment or Legal Action......

 

Should I send them a copy of the letter above and the usual 'Bugger off its a disputed account letter'?

 

Thanks

 

St

[St1973]

Moorcroft Debt Recovery calling at my home!

 

Hi Guys, after repeated letters etc, Moorcroft sent someone to my home this evening. I would be grateful if anyone had any advise on how to stop this. They are clearly ignoring my 'Account in Dispute' claim and im furious for them doing it (I suppose thats the reaction they want).

 

Please guys, I need help!

[St1973]

I have an ongoing CCA dispute with the Co-Operative bank (see thread http://www.consumeractiongroup.co.uk/forum/showthread.php?197087-ST1973-V-Co-Operative-(Smile-bank)

 

After repeated Account in Dispute letters to Moorcroft who have obv been sold the debt, they visited my home earlier tonight while I was working away.

 

Could someone help please as this is unacceptable

 

Thanks

[theghost]

Contact your local Trading Standards

 

And possibly the Police if you feel the person visiting overstepped the mark in any way.

[ims21]

And lodge a complaint with OFT and anyone else you can think of.

 

ims

[ims21]

Yes there is the doorstep letter but it is unusual for these guys to be able to read properly and what they should do and what they actually do are often poles apart.

 

ims

[St1973]

Whats the link?

[ims21]

Whats the link?

 

Here you go

 

http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

 

ims

[St1973]

Thanks....

[rdm2006]

Keep a copy of that letter at hand - if they should call again just hand over the letter

[ims21]

Keep a copy of that letter at hand - if they should call again just hand over the letter

 

Absolutely...thanks for adding that RDM.

 

I've had a long day....

 

Regards

 

ims

[citizenB]

Threads merged as they are the same issue.