Surfboy V Co Op Bank

[SURFBOY]

Hi everyone,
I have sent a Subject Access Request off to co op bank asking for all information they have on me since my account was opend in 1989.
I am planning on reclaiming ALL charges they have taken from me.
This will be quite a complicated case and i would appreciate any help i could get. Thank you all.

[reclaimone]

Follow the templete letters on this website in the library and stick to the timetable.

[Parkvale]

SURFBOY,
Welcome to the CAG site

You've definately taken the first step into claiming back what's rightfully yours.

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

Good luck with your claim.


Useful links to help with your claim

FAQ’s
http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

Letter Templates
http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

Interest Spreadsheet
http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

Court N1 form
http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

Mcol Particulars of Claim
http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html
__________________

[SURFBOY]

co op have sent me a list of charges on one of my accounts going back just six years.
What i actualy asked them for was ALL information relating to all accounts that i have had since i joind them in 1989.

[reclaimone]

They will try and fob you off saying they only have last 6 years. Let me know how you go. Very interested. Good luck.

[sallysas]

'Glenn v co-OP' got statements going back 9 years with a little arm-twisting. An interesting thread and is still live. Sally

[SURFBOY]

After numerous telephone calls and over 70 days from my Subject Access Request, Co-Op have sent me a large envelope with lots of information about my accounts , but they have only sent me statements going back 6 years.
They have sent me photocopies of direct debits that i set up when the account was opend in 1992.
I have sent them a 14 day LBA for the charges going back 6 years, that is totaling nearly £5000 !
I am going to write to them again requesting that they send me the missing information.
In the mean time should i make a claim for an unknown ammount for the previous 9 years?
Based on the last 6 years then this claim would be over £5000.

[reclaimone]

I personally would wait for the information relating to previous 9 years, and claim for the total amount regardless of it being over £5K.

Good luck.

[SURFBOY]

Just had a couple of interesting conversations with Co-Op customer services reguarding the missing statements on my account.
At 1700 tonight i telephoned customer services stating that i had recieved some information but it was incomplete, i was missing statements from year 1992 to year 2001.
I was told by the adviser that they are required by law to destroy any information older than six years under the data protection act.
I asked her to tell me which section in the data protection act she was refering to as i am quite familiar with this act.
She said she didnt know but was told by her supervisor that this was correct.
i finished the conversation with her and did some checking of the act just to make sure. i could not see any section to which she refered to so i again telephoned customer services to try to find out which section they were refering to, after a long time on hold , i was told by the adviser that CO-OPERATIVE BANK do hold statements and account information for longer than six years. I have the name , department and ID of the operator who told me this.
Hope this is of help to anyone else dealing with co-op.
Dont let them fob you off..... they do have your statements!

[SURFBOY]

Just a thought,
My claim is on hold now due to the "test case".
I am paying this overdraft off through the CCCS by an agreed monthly payment.
My debt to the CO OP is nearly £5000, but about 90% of that is made up of penalty charges.
If i was to stop my payments from the CCCS i belive that the CO OP might take me to court, would i then be able to counterclaim the penalty charges?
Any thoughts ?

[Blossomandebony]

Letting the co op sue you is an option that I wouldn't recommend at the moment. By the time they get round to bringing a case against you, which could be 6 months down the line, the test case should have been resolved, (all be it with appeals to follow).

If you stop paying what you promised through CCCS they will probably start hounding you with phone calls and threatening letters. And when your case does reach court, keeping up with the payments will show the judge that you have behaved 'reasonably' in trying to sort out your finances.

On the other hand, is the payment to the co op so large that it is causing you hardship or stress? If so, a different route may be advised.

BAE

[sallysas]

I had statements for my visa account going back to October 2000. This isn't quite going back to when the account was opened but it will do for me. Have you thought about going down the non-compliance route? This would give you a little cash bonus which would help in the form of compensation.

The test case is what, 2 weeks away.

[SURFBOY]

My case is still ongoing.
I continued with the payments to cccs and now the Co-Op actualy owe me more than i owe them.
I have now stopped payments through cccs and i am waiting for Co-Op to contact me.