ST1973 V Co-Operative (Smile bank)

[rdm2006]

They are only allowed to send someone round if you agree to make an appointment (OFT requirement). If you have not done this then it is a tort of trespass (only the postman and people asking for directions can cross your property without permission).

 

Send them the doorstep visit letter (and keep a copy ready to give them if they should do it again)

[St1973]

Hi Guys,

 

I have recently been flooded with threats from DCA's/Solicitors regarding this debt, each one fobbed off accordingly with the standard "Please produce a valid CCA"...

 

Now, this crowd have made me a strange offer of paying £23 a month to clear a 8 grand debt. Now, I know they buy the debt at a lot less than what it is, but is this a good move for me, or another one to 'fight'...advice would be appreciated

 

Thanks

 

St

[St1973]

[citizenB]

That is a very poor image and very tiny. Can you please convert to pdf and post up using dx instructions below.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[St1973]

Sorted!

Offer1.pdf

[citizenB]

I would point out that the Default Notice is dated 11th April 2010 and the remedy date is 25th April 2010 = 14 days No allowance for posting according the rules.. (2 business days for 1st class and 4 business days for 2nd class or UK Mail).

 

However, 11th April 2010 was a Sunday - therefore the DN was defective by a further day therefore the posting allowance was being deducted from 13 and not 14 days. ... oops

 

Brandon v Amex in the appeal court and Harrison v Link in the High court.. both judgments made it quite clear that the time is statutory and therefore not de minimus.. They MUST get it right.

 

Presumably they have now assigned the account on.. or has it just been passed on for collection purposes only ?

[citizenB]

If it has been assigned/sold to a DCA.. have you ever received a Notice of Assignment ? Although it would appear that H Cohen are acting on behalf of the Co-op !!

[St1973]

Never received any notice of assignment at all......so I assume they are acting on behalf of Co-Op.....

[citizenB]

I did wonder because there appeared to have been other DCAs skulking around before HCohen appeared from under a stone !!

 

TBH, I dont know what you should be doing next. It would appear you are still minus an agreement that is acceptable and now you have a Default Notice that is wrong..

 

Do you have any charges for default/late payment on the account? was there ever any PPI on it ?

 

What made you stop payments in the first place ?

 

What do you want to achieve ?

[St1973]

I did wonder because there appeared to have been other DCAs skulking around before HCohen appeared from under a stone !!

 

TBH, I dont know what you should be doing next. It would appear you are still minus an agreement that is acceptable and now you have a Default Notice that is wrong..

 

Do you have any charges for default/late payment on the account? was there ever any PPI on it ?

 

What made you stop payments in the first place ?

 

What do you want to achieve ?

 

 

Well, I am sure there will be charges levied on the account as the total amount did increase quite a bit. As for PPI I am not sure.

 

The reason why I stopped paying was simply due to affordability as I couldnt meet payments. I am hoping for a resolution whereby they end the futility of the enforcement without proper agreement and write it off.

[citizenB]

Well, I am sure there will be charges levied on the account as the total amount did increase quite a bit. As for PPI I am not sure.

 

The reason why I stopped paying was simply due to affordability as I couldnt meet payments. I am hoping for a resolution whereby they end the futility of the enforcement without proper agreement and write it off.

 

Do you have any statements ? If you were paying PPI, then that will be identified.. I rather suspect that the charges would be unlikely to clear what appears to be a 4 figure sum!

 

Almost certainly if you were to accept their offer.. then you would have accepted that there is a debt and if you are near to statute barred.. screwed that up.

 

I think this one you need to give some thought to.

[St1973]

I am concerned that this is a way of catching me with a 'you have recognised the debt officially' now pay up and you have no defence on the agreement being unenforceable...

 

Hmmmmmmm....something to ponder. Its a nice offer, but again, long term, the consequences could be bad.

[St1973]

Its a difficult decision. Two things;

 

1. If I accept the offer, I then acknowledge the debt and thus, in my opinion, wave any notion of it being unenforceable

2. If I dont, a court may take a dim view (if they can do that given that the CCA was written by a 3 yr old)

 

Thoughts?

[citizenB]

I would point out that the Default Notice is dated 11th April 2010 and the remedy date is 25th April 2010 = 14 days No allowance for posting according the rules.. (2 business days for 1st class and 4 business days for 2nd class or UK Mail).

 

However, 11th April 2010 was a Sunday - therefore the DN was defective by a further day therefore the posting allowance was being deducted from 13 and not 14 days. ... oops

 

Brandon v Amex in the appeal court and Harrison v Link in the High court.. both judgments made it quite clear that the time is statutory and therefore not de minimus.. They MUST get it right.

 

Presumably they have now assigned the account on.. or has it just been passed on for collection purposes only ?

 

Further to my post above.. I see they have also terminated the account twice.

 

1st on 6th May then again on 5th September.

 

And the point of terminating an account that they had already terminated would be..... ???

 

I suggest you send a letter to the DCA who is pursuing this.. basically asking them to confirm if they have the right to do so.

 

I have attached a draft below for you. Read it carefully because you will have to enter the OC and DCA names in a couple of places.

 

This does not admit any liability so if you are going to decide to hold out for SB.. you are ok. All you are doing is requesting sight of something they should have sent you if the account has been assigned.

 

 

Draft request for assignment - Amended Draft.doc

[St1973]

Thank you so much...I will edit/amend and send off accordingly.

 

I will post the reply

 

Thanks again