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Briefly I have 3 accounts with co-op, 2 credit cards and a loan. The co-op have failed to provide credit agreements for any of the accounts and in the case of the credit cards have already admitted they dont have any agreements at all.
Naturally they are still pushing for payment and have set the wonderful people of moorcroft onto me. So far I have not responded to any letters or phone calls. Mainly because the numbers they have for me are no longer valid as I changed them...oops. Although my old numbers are still live so they can ring them as much as they want as they will never get an answer!!!!
Anyway, naturally I want to try and bring this to a conclusion and look to offer a f&f settlement.
Strangely though they are only chasing the lowest debt of just £900, not the others. Maybe a divide and conquer tactic. This £900 has many default charges in it.
What would be the best response. A confused letter as this account is in dispute for there failure to provide a valid cca. A prove it letter maybe asking for all details of the account and let Moorcroft fail to produce the documents again.
Yes, many months ago they were both cca'd, and SAR'd. The only thing they could produce was a simple application form for one card, no prescribed terms (its about 10 years old) and for the other they tried to make one by tipexing out another someone else's details (they actually sent me the copy with the tipex on and you can clearly see the other persons details!)
Basically, long been established they do not have the documents, even said on the phone back when I did talk to them, but naturally they have not put that fact in writing and tried to dismiss the 'fake' agreement as an error.
Nothing happened for several months until moorcroft started contacting me. Currently have the usual letter from them where they say 'may' initiate legal action. Not expecting them too but would like some help from people who have successfully negotiated settlements in this situation.
well personally i would not pay more than 25% but i suppose its down to personal choice.
from what you have said you dont have to pay them a penny though.ignore the ones you
have heard nothing from and send moorcroft the account in dispute letter and await there response.
You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.
On xxxxxxxxxI made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the xxxxxxxxx
You have failed to comply with my request, and as such the account entered default on xxxxxxxx (12+2 days after you made the initial request).
The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.
Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.
This limit has expired.
As you are no doubt aware section 78(6) states:
If the creditor fails to comply with Subsection (1)
(a) He is not entitled , while the default continues, to enforce the agreement.
Therefore this account has become unenforceable at law.
As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8
(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'
(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counterclaim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.
This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies
Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data.
It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.
Should you not respond within 14 days I expect that this means you agree to remove all such data.
Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.
The lack of a credit agreement is a very clear dispute and as such the following applies.
* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.
I would appreciate your due diligence in this matter.
Many thanks, naturally I would need to edit that as Moorcroft have not actually failed in my request, the actual co-op did, so should it not be altered to make that point clear?
Many thanks, naturally I would need to edit that as Moorcroft have not actually failed in my request, the actual co-op did, so should it not be altered to make that point clear?
send a copy to the co-op and i will find another letter for moorcroft.
give me 5
This account is in dispute with xxxxxxxxxx and has been since xxxxxxxxxxxxxx .
Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998
My previous dispute from xxxxxxxxxxx has NOT been answered.
As xxxxxxxxxxxxxxx are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , 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 xxxxxxxx for resolution of these defaults and breaches, as xxxxxxxxxx cannot lawfully pursue any enforcement activities.
If xxxxxxxxxxx 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 Service and possible court action.
After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading 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.
I look forward to hearing from you in writing.
Well the letters to both Moorcroft and the Co-op were sent and no reply as yet. Strangely though I checked my accounts online and they have removed all reference to this particular account so no 'debt' is showing as such. Its still on my Credit file, but of course that may take some time to be updated.
Not sure what the outcome of this is. Hopefully they have decided to write off the debt and remove any reference to it, but maybe they have 'sold' it on and a new player may enter the game!
just sit back and relax and try not to worry about them. just post up if and when they get in touch.
it would be foolish in my opinion to chase after them as this could provoke them into pursuing the debt.
look at it like a game of chess, ands it's their move!!!
Well the Co-op finally sent some letters in reply to mine. First I get one stating 'they previously sent a copy of the agreement and complied with the cca request, blah, blah, blah'.... then sent a second a couple of days later saying 'they cannot find my agreement' coupled with a statement showing the account as being zero'd. Think this is win!
Its still on my credit file at the moment but will keep watching.
No just waiting for them to start trying to claim on the second card with 5k on it...and no agreement!
Just checked my credit file and the £900 balance is still showing along with the defaults. As they have sent confirmation that the account as been zero'd surely they are required to update your credit file?
I believe in instances where a bank does not have an enforceable they can still leave the debt on file (just not enforce it) but I have a statement clearly showing the balance as zero. Has anyone else had this and what can be done?
The Maverick v Co-op Credit Card
. Mainly because the numbers they have for me are no longer valid as I changed them...oops. Although my old numbers are still live so they can ring them as much as they want as they will never get an answer!!!!
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Originally Posted by the_maverick
