Co-op - offer refused interest now added

[oneahead]

My current offer of payment has been refused on 2 credit card accounts.

 

Interest had been frozen and agreed payments have been in place for a few years.

 

They have now refused my new offer (which was double my old offer!!) terminated the accounts,

added a default late payment charge and have started adding interest.

 

Last week i sent a cca request for both accounts.

 

Is there a specific letter/template i can use to request they freeze the interest and charges.

 

I had previously sent an expenditure form and there is no way i can pay the interest and charges.

[Pinky69]

Did they send you a Default Notices before they terminated?

If so, check that they gave you sufficient time to remedy the breach of contract.

 

If they only added 14 days to the date at the top of the Notice,

 

the DN is unlawful and they have rescinded the account.

 

I have 2 unlawful DNs from the Co-op.

 

Rescission puts you back to where you were before the accounrs were opened.

 

All they can claim after that is any arrears, none of the debt itself.

[oneahead]

Yes Pinky - Default notice has given me 14 days from date of letter. What is my next course of action?

[Pinky69]

I would write and tell them they have rescinded the account by issuing an unlawful DN as it does not give sufficient time to remedy the alleged breach and quote this:

 

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but gives rise to a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

 

 

I paid them nothing - not a cent - thereafter. There is nothing they can do about it. They have only had 35 years to get it right and they still make the same mistake over and over again. I am currently having the defaults removed from my credit reports.

[IdaInFife]

can you scan the DN, delete personal info and post up here

 

ida x

[oneahead]

Default letter dated 11th August, 2 terminations letters one dated 28th August next dated 11th December. How can they terminate an account that has already been terminated?

I do not know the exact dates these were received.

[newbloke]

was it val mccarren, did you recieve notice of sums in arrears priors to the default notice, if you didnt they are unable to enforce as they have failed to comply with sec86 as amended, further more you had to have missed at least 2 payments before they can do this. i have enclosed sec 86 that refers to this. coop are useless

11 Failure to give notice of sums in arrears

After section 86C of the 1974 Act (inserted by section 10 of this Act) insert—

“86D Failure to give notice of sums in arrears

(1) This section applies where the creditor or owner under an agreement is

under a duty to give the debtor or hirer notices under section 86B but

fails to give him such a notice—

(a) within the period mentioned in subsection (2)(a) of that section;

or

(b) within the period of six months beginning with the day after the

day on which such a notice was last given to him.

(2) This section also applies where the creditor under an agreement is

under a duty to give the debtor a notice under section 86C but fails to

do so before the end of the period mentioned in subsection (2) of that

section.

(3) The creditor or owner shall not be entitled to enforce the agreement

during the period of non-compliance.

[oneahead]

Yes it is Val. No other letter about arrears. They have passed it to Fredrickson, i have replied and they have put account on hold. I have a copy of my application form (that is all they can provide me with) which is not readable and not worth scanning on here.

[newbloke]

an application is compliant with sec 51 and therefore as an agreement void under section 59 as it puports to bind you into an agreement but gives them the option of not becoming part of it subject to credit checks.and no doubt also there are no prescribed terms, so it cant be an agreement, also if they have changed your credit limit, interest, charges or amounts/ frequency of repayments, then they should have issued modifying agreements under sec 82, write to the debt collector and ask for a copy of your agreement, all notices of variation, all modifying agreements, copies of notices of sums in arrears, default notices and termination notices, they will back off

[oneahead]

I have now been contacted by the Lewis Group over 2 Co-Op credit card debts. These must be about the fifth group of debt collectors to try their luck. I have successfully got rid of all the others and will use the same letters/procedures as before. My question is this - how long and how many companies will the Co-Op use, are they likely to give up or will it pass around forever and a day!!

 

Also, are there any specific letter templates out there that i can use in these circumstances?

[t_ony]

The DCA industry is like a game of pass the parcel unfortunately - they will just continue to pass it around until eventually it fades into nothingness.

[harrassed senior]

.......and then it will revive, often as many as 20 years down the line and start all over again.

 

Once you are sure that a debt is definitely statute barred, then send the letter to this effect from the library and this should stop it for good, but, nothing is forever, so don't be surprised!!

[Bazooka Boo]

A debt is a debt, it will always remain, however once the limitation period kicks in even though they are legally able to request the account be paid, there is NO legal enforcement action that they can take to collect this debt. So once you have told them that it is subject to the limitation act, they should go and do their willy waving at someone else!