Thread: coley51 v Co-Operative Bank

Hi everyone....l have been watching, reading and learning from this wonderful action group site for the past few weeks and now want to contribute. I can't express how much confidence all of you contributors have given me to begin to fight back against the vulture banks and credit card companies. I was on the point of giving up all hope, suicidal and in despair, even though l am a mature, reasonably intelligent, experienced business person who had a lot of confidence before getting ill.

I won't bore you with the details, but briefly my wife and l both got ill, business suffered and eventually died. Repaying credit card and bank debts became a problem....lots of upsetting phone calls....threatening letters...stitched up by Lloyds TSB Bank (good honest customers for over 25 years, totally unimportant to them), etc.

So now l feel good again l am fighting back with a vengeance and passion not unlike that of SurreyScouse!
I have several claims in progress and will report on others later, but l want to address Co-Op Bank first......not least because they have a very arrogant 'Head of Debt Management' called Stephen Mound who seems to think he can ignore letters (even LBAs) and get junior employees to send stalling letters.

Co-Op Bank 'defaulted' me for an amount of £21.00! They owe me at least £250.00 in unlawful penalty charges and interest. I am about to start a claim in the small claims court, but have today sent Mr Pound a final letter, mainly because it made me feel better thru writing it! Here is the gist of it (don't know how to paste so have abrieviated some of it) for yr delight and delectation :-

Dear Mr Mound

Ref : COLEY51 ACC NO ***************

I have recievd yr form letter of 01 July demanding payment of the sum of £xxxx.xx which u cliam is due to Co-Op Bank ref above account. I dispute and disagree with the amount claimed.

May l start by stating that, without exception, you are the most arrogant banker l have ever had the pleasure to deal with. I have written two previous letters to you personally, in connection with unlawful penalty charges .....and have recieved only delaying letters from yr junior employee, ********, in reply.
You have not replied directly to my concerns until now, when you have merely sent me a form letter containing threats. In case u are unware of her identity, Ms ********* is a polite, communicative colleague of yours, title 'customer relations advisor'

In my rec-deliv letter to MS *********. 30 June 2006, l pointed out that earlier my letter dated 22 June 2006 was clearly noted letter before action. You have clearly chosen to disregard the serious nature of my claim against
Co-Op Bank and l will be commencing legal proceedings against yr company at a time convenient to me within the next few days, should you not comply fully with my requests.

I dispute the alleged debt to your company of £xxxx.xx, Since October 2002, Co-Op Bank has applied £xxx.xx in unlawful penalty charges to my account. Additionally, you have charged me at least £xx.xx in interest on the charges levied. The interest is, of course, growing on a daily basis and l note from yr form letter that an additional £60.00 'admin cost' has now been added to my account.

This is an additional unlawful penalty charge and l will be claiming this in addition. etc....

(Next bit repeats claim details, etc.)

Of course, you have the option of initiating court proceedings of yr own. In fact, l would welcome the opportunity of meeting Co-Op Bank in court, where l would have the opportunity to ask the court why the 'Head of Debt Management' qithin a large company such as yours can ignore several letters with legitimate requests for repayment of unlawful penalty charges, while at the same time threatening legal action, and how you can justify the 'default' of a customer for an amount of £21.00, when this is a mere fraction of the of the amount taken in penalty charges.

I believe these facts would be most interesting, not only to the court, but also to the National Press and to the various lobby groups fighting (successfully as you are aware) against unlawful charges imposed by the banks & credit card companies.

Should you allow me this opportunity to express in court my concern and distress at the way in which your company has conducted itself in connection with my account (backed by support letters by many people who have been similarly treated), l will also require Co-Op Bank to justify its penalty charges with a full breakdown of the actual costs which you have incurred and full details of any manual intervention. This would be a most fascinating and revealing scenario for me and, no doubt, THOUSANDS of other people who have been victims of unlawful penalty charges over the past six years. I can quote extensive case law if needed.

Additionally, should you not comply fully with my request, l will forward a letter to the Ombudsman service, registering my complaint at the arrogant, dismissive & threatening manner in which you have treated my claim. I believe l have strong & legitimate claim against Co-Op Bank but, whatever the outcome, l understand that my report & the subsequent investigation by Ombudsman will cost you at least £370, which is more than l am claiming from you!

If we meet in court, of course, you will also incur legal costs from you high-profile corporate lawyers, with their doubtless expensive partners, offices & overheads.

Furthermore, l require you to provide me with a true copy of original signed agreement (etc., etc., ref CCA secs 77/78 and £1.00 P.O. fee enclosed)

Please acknowledge receipt....PLs note enclosed PO represents payment of stat fee only and is not in any way a payment to my account. Again l am mailing Rec Deliv so l can be sure it has been received by Co-Op Bank.

In closing, Mr Mound, it would appear to me that your apparently ingrained arrogant & dismissive attitude, together with the stalling actions of yr unfortunate subordinates behind whom you hide, mistakenly convinces you that
l will be browbeaten and bullied by threats from yr company into abandoning my legitimate claim. Please be assured that this will not happen under any circumstances. I have legal training and l and willing & able to pursue this matter as far as necessary through the courts.

Please note also that l do not wish to undertake any communication by tellephone....all must be inwriting.....so that l may present a true record of correspondence between us to the court.

I believe l have now given your company ample time to comply fully with my requirements and you have chosen to disregard the serious nature of my request. Therefore, no further correspondence will be forthcoming from me before l commence legal action against you at a time and date convenient to me.

Pls feel free to contact me by Royal Mail or e-mail as a matter of urgency in order that you may avoid additional costs in this matter.

Your corporate motto appears to be 'Customer led, ethically guided'.
Why not try to live up to it?

Yours sincerely


COLEY51


Sorry if the above is long-winded, but l felt a lot better after writing it!

History of this one is (i have all my statements on file) :-

10 Jun
Sent initial polite letter requesting refund unlawful charges and removal default notice (for £21.00!)
16 June
Received reply 'sorry about yr complaint....will investigate...will reply fully in next 7 working days, etc., plus illegible copy of 'complaints procedure' leaflet
21 June
WARNING letter rec'd....'Formal Demand is Imminent'
22 June
Sent LBA with breakdown of unlawful charges claimed + interest
28 June
Letter rec'd (dated 27 June) thanking me for letter of 22 June, will investigate, will respond fully within 7 working days + another illegible photocopy of 'complaints procedure' leaflet, no acknowledgement of my LBA
29 June
Another letter rec'd...our enqs not yet complete....'a full response will be sent to u as soon as the outcome of my enquires are (sic) complete'
30 June
My letter sent back to Co-Op Bank querying 2 contradictory letters and referring to my LBA, gave until Th 06 Jul 2006 before legal claim
05 July
Received demand for immediate payment letter, date 01 July (do these shysters work Saturdays?) - a form letter which totally disregarded anything which had gone before and contained threats!
06 July
Responded as above

The thing that really gets me about this bunch is that they seem to think l'm some sort of idiot who can be fobbed off with bulls**t. I may be an idiot in some ways, but they bring out the best in me!

Sorry to be so long-winded. Will post reports on my progress. Stepping up to the plate next will be Lloyyds TSB and, everybody's friend, MBNA.

Thanks again to everyone here for helping me get my confidence back!!!!!

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Hi Cillitbanger,thanks for yr advice. Have added 'Without Prejuduce' and mailed letter today, recorded. Will update post as and when a reply is received.
Meanwhile, plan to tackle MBNA next!