Thread: Co-Op Credit Card-Is this enforceable?Help please

Hi

Here is acopy of my agreement which Co-Op claim to be the CCA. Is this enforceable??

http://i663.photobucket.com/albums/u.../COPCCCARD.jpg

If that is all they have sent, then in my opinion, it is unenforceable. Notwithstanding the legibility issue, there are no prescribed terms present. Send them a letter along the lines of:

The Co-operative Bank
(address)
Account: xxxx xxxx xxxx xxxx

ACCOUNT IN DISPUTE


Dear Sir/Madam,


I wrote to you recently requesting a true copy of any alleged signed, executed credit agreement in relation to the above account.
I note your response to this request in your reply received on the xxx. Thus far I have only received a poor copy of an “Application Form”therefore my request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any properly executed and legally enforceable credit agreement that may or may not have been signed by me on the opening of this account. An application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.
In addition, the document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60 (1) Consumer Credit Act 1974, The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. I have not written them here for you as I am sure you are well aware of them, suffice to say none of these terms are present in the document.

I specifically would like to draw your attention to the following extract from the Consumer Credit Act 1974:

S127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor.
If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

In addition, you have not provided all the documentation required to comply with my s.78 CCA request and whilst in default you cannot enforce the account lawfully. The agreement on its own is not enough as you should be aware, if the executed agreement contains any reference to any other document, you are obliged to send me a copy of that document, namely the terms and conditions referred to on the “Application Form”.

May I remind you that whilst this account remains in dispute for the reasons outlined above, you may not, while the default continues, enforce the agreement, nor:

1) You may not demand any payment on the account, nor am I obliged to offer any payment to you.
2) You may not add further interest or any charges to the account.
3) You may not pass the account to a third party.
4) You may not register any information in respect of the account with any credit reference agency. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent (given in the form of a signed credit agreement) will be met with a complaint to the Information Commissioners Office.



Should you not be in possession of a correctly executed, legally binding agreement, as outlined above, may I respectfully suggest that the balance on this account be returned to zero, and any liability discharged, and any entries which refer to missing payments be removed from Credit Reference Agencies to whom you report.

I trust this outlines the situation and explains why your reply was unacceptable.


Yours sincerely,

roygoodbeat

amend to suit, best of luck. In my experience they will pass this to Pheonix, then Fredrickson, then they will realise they havent got a cat in hells chance, and it will all go quiet.

Sent them the letter. Their response. They got fredricks to write to threanten court action. Letter stated that they would apply charges and court costs.

Response as predicted, this will suffice:

Complaints Department,
Fredrickson International Ltd,
PO Box 260,
Weybridge,

Surrey, KT13 0YH


Your Ref: xxxxxx Account Number : xxxxxx


FORMAL COMPLAINT ACCOUNT IN DISPUTE

Dear Sir/Madam,

Complaint against Fredrickson International for pursuing an alleged debt in dispute, in breach of the Consumer Credit Act 1974, The Data Protection Act 1998, the CPUTR 2008 and OFT Guidelines.
I note the contents of your letter dated XXX and received by myself on the XXX.
I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with The co-operative Bank and has been since XXX following The co-operative Banks failure to provide me with a copy of the original Credit Card Agreement relating to the account that satisfies the provisions of The Consumer Credit Act 1974

Not only is this in breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974, the Data Protection Act 1998 and the CPUTR 2008.

As The co-operative Bank are now in default of my Consumer Credit Act request, OFT Collection Guidelines have been breached, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to The co-operative Bank for resolution of these defaults and breaches, as Fredrickson International cannot lawfully pursue any enforcement activities.

If Fredrickson International chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Services and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter and I look forward to hearing from you in writing.

Yours faithfully,

roygoodbeat

Cc: The Office of Fair Trading,
Credit Licence Fitness Department,
Room 1 C/5,
Fleetbank House,
2 – 6 Salisbury Square,
London,
EC4 8JX

Cheers! Have sent them this. Let's see what happens.

Roy

I am in v similiar situation NOW as you were in August.

Can i ask what happened with your dispute with co-op

[see my thread BAB V CO-OP]

BAB

They have now passed this onto another agent, stating that once an application is signed, it becomes my cca. They have also stated that this is enforceable.

Over a year later, I am still being chased by another debt collection agent. One thing I did not put on this forum was the fact that they messed up the default notice as well.
I had a termination letter, followed by a default notice (Giving only 14 days, not 14 clear days) follwoed by another termination letter 7 days after the the default notice.

I had written accepting the unlawful termination of the account and I should only be liable for £102 (Not £1902) which was the amount of arrears at the time, less unlawful charges and claim for unlawfull termination.