Co-op VISA **SETTLED IN FULL**

[lickthewallfatboy]

I got my statments in yesterday,but 2005 and 2004 information was in the form of a slightly confusing list of details instead of statements

 

However,I have gone through everything and totted up fees of £755,for which I am now putting in a written request to be refunded in full.

[lickthewallfatboy]

I contacted Co-0p Bank about charges levied on my VISA account,amounting to £755 on a balance of £3400-odd.I did so in writing and followed the procedure as I have done wih the rest.

 

Today they send me a default notice for a missed payment,and threaten County Court action.

 

Anyone got a good letter to reply with,and should I just go for the jugular and enter a small claim action?

 

help appreciated!!!

[jimfishybob]

Probably best in the Co-op thread.

 

What sort of time frames are we talking, everything by the book?

 

I would ring/write them and advise that while an amount is in dispute then no recovery action can be taken. Advise them that the quicker they deal with your request for a refund the quicker the whole missed payments issue will be resolved.

 

Also, explain that the default should be removed if it was applied while the amount was in dispute.

 

See here....http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

[lickthewallfatboy]

thanks for that-letter duly composed!

[lickthewallfatboy]

response to request for repayment received asking for more time,so LBA sent 17 July.

[blueskies]

I don't need to tell you about the process.

 

Good luck mate

[panther12]

I gave them more time (my mistake I know) but after their 5th identical fob-off letter, which by now they couldn't even be bothered to sign, I have sent the LBA.

[lickthewallfatboy]

have Co-Op paid out at LBA stage with anyone?

[gazzah]

Paid mine at lba stage no need for mcol. Only took 28 days to settle from prelim letter to settlement, fingers crossed you'll get your refund soon.

[lickthewallfatboy]

looks like they are going to go down to the wire with me,or else another claim is in the offing!!

[nellio]

I'm a little worried like you. I hear of these people being refunded at LBA stage and yet I started my moneyclaim ol 2 weeks ago. I suppose though that as more people are claiming it will be taking longer to process claims. One thing though, seeming as I have laid out all the charges in front of them I cany understand how it take 8 weeks to to investigate my 'complaint'.

Good luck!

[lickthewallfatboy]

got a letter in this morning-it appears that I miscalculated the level of charges(not surprising as the info sent was quite confusing)

 

The upshot being they have identified £536 in charges and they have credited them to my account balance!!

SUCCESS!!

Another one down!!!!

[Bookworm]

You know the drill by now, survey, etc....

[lickthewallfatboy]

thanks

yep-but the Northern Bank have lodged a notice of dispute in my claim against them-and it's the current litigation biggie for me.....they would!!

[lickthewallfatboy]

I think it just means they intend to file a defence......

[lickthewallfatboy]

I need some assistance please guys

 

having done a credit check on Call Credit.I see Co-Op have posted consecutive defaults Dec 08 and Jan 09 on an "account" with only an application form with no enforceable terms

 

on top of that,I got no default notice for either default.....

 

so,on the basis that there is no agreement for one,and no DN for two,and the fact that there are 2 defaults at all,where is the letter inviting them to remove the defaults on the grounds that they are data controllers as confirmed by the ICO,and when they refuse,how much should I claim off them in compensation?

 

It's pretty clear that Co-Op took the strunt when they found out they had no agreement,hence the defaults

[Pinky69]

I have exactly the same problem with them and I am taking them to court. You will find that whatever you write to them they are totally ignorant about consumer law. I am currently in the silly situation where one CRA has removed them but not the other two. Good luck.

[lickthewallfatboy]

oooohhh

 

goody

 

how much are you claiming off them?

[Pinky69]

It's Scots Law for me so I need to do it in stages. The removal of the defaults first, then a claim. The Durkin case in 2008 awarded £8000 but I am going for £5000 because it is at the limit of Summary Cause in Scotland. Anything above that is Ordinary Cause, must be led by a solicitor and requires thousands up front so that is a no-no. I'm scheduling everything so that a possible Hearing isn't till after mid-October as I have a holiday booked beforehand.

[lickthewallfatboy]

were you directly affected by the default,ie more expensive loan,or did you get turned down for credit?

[angry cat]

It seems as though many lenders are re-registering defaults...

 

Not much point in having the DPA, is it!

[Pinky69]

I had 6 defaults, 2 fell off, another is about to, and that leaves the Co-op and one other - no agreements, unlawful defaults then termination causing recission on all of them. My case for compensation when I finally get there will be that it is preventing me from getting another mortgage as I am disabled (which I am - I'll be in a wheelchair in court) and I have a flight of stairs up to my flat which I need to get away from (which I do - I wasn't disabled when I bought the flat). I cannot do that with defaults. Equifax waited 6 weeks for a reply from the Co-op and didn't get one so they took the defaults off but they are still on with Experian and Callcredit. I have pointed this out to them and I am waiting for their reply - I take it they are contacting the Co-op. With a bit of luck that will leave 1 to take to court for removal.

[Pinky69]

There is every point in having the DPA but not much point in having the ICO which, like the FOS, interprets the law to suit themselves. That is why I am going to court instead of the ICO.

[angry cat]

Of course, there is a point to both the DPA & CCA.

But, if neither are policed the both statutes are useless.

 

The ICO does not appear to take enforcement action against Banks;

The OFT does not appear to take enforcement action against Banks/DCA's

The FOS are worse than a chocolate teapot and;

The FSA does not regulate; the Banks outwit and run rings around the FSA.

 

I won't even attempt to go into the reasons why TS will not enforce the CPUD/ CPUTR's...

 

All the foreign banks came here to the UK, because of non-regualtion.

 

The whole system is a cesspit and corrupt!

 

AC

 

p.s. there is little or, no protection for the general consumer Re: Banks

[lickthewallfatboy]

I think court is the only answer......no point waiting months for the toothless tigers to tell you that there's nothing they can do