co-op ex Northern Rockicon credit card

[silverfox1961]

Hi,

This is still new to me but I think I read somewhere that if they terminate an account before you have had the chance to remedy the default, all they can then claim for is the defaulted amount, not the total. Someone will correct me if i'm wrong.

If this goes to court, you will be able to defend it with the invalid default notice

[ltc1607]

Hi thanks silver fox thats what I thought just want someone to confirm it.

[ltc1607]

bump

[ltc1607]

can anyone help with this please

[ltc1607]

I have a default notice from the co-op dated 11th feb 2009 giving me until the 25th of feb to pay the arrears I know this is wrong as I have not had the 2+ days but also on the same day dated the 11th feb I have a termination notice saying my agreement with the bank has been terminated.Have they done this all wrong and if so how do I use it to my advantage?

[silverfox1961]

HI,

My advice is not to let them know they have screwed up the DN until it's to your advantage.

The co-op will probably sell the debt on to one of the friendly DCA's out there.

You may then hit them with the fact that you only owe the arrears, not the full amount the Co-op say you owe.

If they tried to take you to court, they will look very silly

 

fox

[ltc1607]

Thanks are you saying it is all wrong and that I only now owe the arrears

[the_shadow]

I have a default notice from the co-op dated 11th feb 2009 giving me until the 25th of feb to pay the arrears I know this is wrong as I have not had the 2+ days but also on the same day dated the 11th feb I have a termination notice saying my agreement with the bank has been terminated.Have they done this all wrong and if so how do I use it to my advantage?

 

Any chance you can post up a copy of the termination notice(minus personal details). If they have terminated and not given you any of the statutory required 14 days then they will have a hell of a time explaining to a judge why. Indeed if it gets sold to a dca and they attempt court action you could counter claim due to unlawful termination of contract.

 

S.

[ltc1607]

Forgot to say the DN was issued while the account is in dispute due to the cca not being correct

[ltc1607]

http://i480.photobucket.com/albums/rr162/ltc1607/term.jpg

 

http://i480.photobucket.com/albums/rr162/ltc1607/dn.jpg

 

I have now uploaded the DN and Termination notice advice please.

[willtheywontthey]

in similar situation with co-op.. awaiting reply from them to my raising such issues with them.

[I've got no money]

I have a default notice from the co-op dated 11th feb 2009 giving me until the 25th of feb to pay the arrears I know this is wrong as I have not had the 2+ days but also on the same day dated the 11th feb I have a termination notice saying my agreement with the bank has been terminated.Have they done this all wrong and if so how do I use it to my advantage?

 

You don't happen to have the envelope it came in do you?

 

If it came second class it's 4 days business days for service - which allowing for the weekend would be the 17th...

[silverfox1961]

OH MY GOSH,

Just saw how much is outstanding on the loan and how much the arrears are.

 

They have really shot themselves in the foot with this.

Invalid default notice

Unlawful cessation of contract.

 

Let it go to a DCA and you will be able to show them the door.

[ltc1607]

thanks silverfox so you dont think they have a leg to stand on then

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

 

this should he helpful in explaining

 

ida

[pompeyfaith]

In this case i dont think the envelope is needed as it is clear as day no service time has been added going by the dates unless of course a judge decides you got it on the day of issue which is highly unlikely.

 

Regards

 

PF.

 

P.S lock that DN in the safe

[the_shadow]

In this case i dont think the envelope is needed as it is clear as day no service time has been added going by the dates unless of course a judge decides you got it on the day of issue which is highly unlikely.

 

Regards

 

PF.

 

P.S lock that DN in the safe

...and termination notice :-D

 

 

S.

[ltc1607]

Thanks for your help everyone.Is it worth me sending a letter to the co-op to try and bring this all to a conclusion or should I sit back and wait.The cca I have is not enforceable either

[I've got no money]

Are you sure that the CCA is not enforceable?

[ltc1607]

http://i480.photobucket.com/albums/rr162/ltc1607/co-opcca2.jpg

This is the cca

[cerberusalert]

Well they've managed to get wrong everything which was possible to get wrong; unenforceable CCA, defective DN & to put the icing on the cake, terminated the a/c too early.

[angel_1]

hiya am subbing

 

and wishing you good luck keep all info safe

 

laters angel x

[ltc1607]

so what should my next move be any ideas anyone?

[ltc1607]

anyone any ideas what my next move should be please.

[Undercover-Elsa]

Hi,

First of all DON'T send them the cards back!!!

If it was me I'd relax and do nothing till they start pestering..then whatever they send post it up on here for advice.

You're in a very strong bargaining position now

Elsa x