Co operative bank versus me

[bolly1]

I had a credit card with the coop bank and after losing my job couldn't afford the payments.

I have been paying them £20 per month as I agreed,

 

for the past two weeks I have been bombarded with calls to my mobile,

around 3 or 4 a day.

none of which I answered.

 

I then received a letter telling me the whole amount was due and if I didn't contact them they would take me to court.

 

After contacting them they said that everything was ok I was paying but they hadn't had a statement of my incomings and outgoings and that I should send them this information.

 

I then had a letter threatening me with court and debt collection agencies.

 

On Saturday I received the pack asking me to send wage slips and full details of my out goings including originals of my rent/mortgage payments etc.

 

Are they allowed to have my wage slips, mortgage payments etc.

It is a lot of information for a bank to ask, they are not the FBI.

Do I have to send this?

Please advise.

I have made regular payments for the past 2 years.

[Kallais]

Seems a bit excessive to me. Ive just started a DMP with Payplan and had to submit statements and earnings. They didnt even ask to see copies of my wageslips or mortgage statements and all creditors agreed with the DMP.

[ForumFodder]

You're at the final stage of the collections process before you go to recoveries. The £20 must be deemed insufficient. That is based on two things: 1) The amount you pay should naturally increase over time because (apparently) your wage rise or whatever should increase... 2) The debt is so large that £20 doesn't meet the minimum spend.

 

If you send the information they will help, if you don't then you're in for a hard time. The least they want to see from you is an income and expenditure.

[bolly1]

I am paying the Co-operative bank for a credit card loan I had several years ago.

 

I lost my well paid job in 2005 and have scratched around doing various less well paid jobs ever since.

 

The co op credit card froze the interest and I have continued to pay £20 per month.

 

This year they have woken up and asked me to provide 3 bank statements,

3 pay slips and details of my incoming and out goings.

 

They ring my mobile 4 times a day and I never answer.

 

They then wrote to me and said if I had a spare £2000 they would accept that off my debt of £7000.

I didn't reply as I don't have that kind of money.

I don't have £200 let alone £2000.

 

Now they have sent me a recorded delivery letter, giving me details of my house, when it was purchased, how much for,

how much is outstanding on the mortgage and what it is worth now,

cheeky so and sos.

 

And advising me that Messrs Pannone Deansgate Manchester will petition the court for my personal bankrupcy.

 

They state the fees will be several thousand pounds and to prevent this happening I should call them in the next three days.

I am scared to phone them as they stress you out.

 

I have paid them faithfully every month.

 

The letter starts by saying it has been passed to the collections manager as I haven't paid since 03.05.12 duh!

 

please advise me on what I should do I have a sick husband who knows nothing of this debt and I'm so scared.If you have a letter I can send to them I would be grateful.

[BRIGADIER2JCS]

I'd write them a thank you letter.

 

Dear Collections Manager,

 

Thank you for reminding me to check my income

and expenditure, having done I have found that due

to the current financial climate I must REDUCE my

monthly payment by 50% first payment herewith.

 

You need reminding also that you have no right to

view any of my personal financial information thus

I will not be providing any such information

 

It is a simple fact that it is not for the bank to decide

what if anything I should pay.

 

Thank you again for the reminder.

[42man]

Firstly KEEP paying the £20 per month (Do you have this in writing from them that they accepted your offer of payment ?) I would also send off a CCA request too, and a SAR may also be a good idea as there may be some PPI that has been added. I would also advise you to call the National Debtline too as their advice is free confidential and impartial - http://www.nationaldebtline.co.uk/

[Fred Bassett]

Are you saying that they will accept £2000 instead of the £7000 owing? If so, it's probably unenforceable. Time to send a CCA request - especially given this is pre 2007. If nothing else, it will be interesting to see what they've got and might put you more in charge of the situation.

 

Regards.

 

Fred

[bolly1]

Are you saying that they will accept £2000 instead of the £7000 owing? If so, it's probably unenforceable. Time to send a CCA request - especially given this is pre 2007. If nothing else, it will be interesting to see what they've got and might put you more in charge of the situation.

 

Regards.

 

Fred

Yes they said we wil accept £2000 if you pay it now. But I didn't have it so I didn't get back to them and then paid £20 as normal.

Regards

[Fred Bassett]

You must send them a CCA request. This is a request for a copy of your regulated Credit Card Agreement and will cost you £1. There is a template letter on here which you can use to request this - here is the link: http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner - you need letter N. Use a postal order, not a cheque and do not sign the letter - use an electronic signature. There is a very good chance that either they won't be able to send you anything or that what they do send you will be unenforceable. It is very definitely worth £1 to find out. If they are offering you a £5000 discount on a £7000 debt without you even starting to question it, then something is very definitely not right.

[rdm2006]

Two things which may also help you just read and digest them for now ESTOPPEL

and BCOBS (Find COBS in this link)

[bolly1]

Thank you so much for responding to me. I still feel so stressed and overwhelmed by all of this, but you guys are making me at least feel empowered to do something.

[rdm2006]

Remember estoppel can only be used as a defence so let them take you to court but don't tell them that you know about it until they do......

[bolly1]

well i sent the CCA request and received my application form back. Does that mean it is all kosher or should they have sent more stuff?

[rebel11]

Hi bolly

 

Have you been Mis-sold PPI on this credit card / loan? If so you can claim back 6 years plus, also interest.

 

Have a read of 1,2,3,4 and 7 in my signature.

 

Here are the OFT Guidelines on Debt Collection for businesses - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf