Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder uncooperative Novitiate

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    Default Lack of Annual Statements - FSO let me down - HELP!

    Hi all,

    First time poster but long time lurker, thanks to all that make this forum what it is, now looking for some advice:

    I took a loan out with the Co-op Bank in August 2006.

    In April 2011 I received for the first and only time an annual statement. Turns out that under the CCA 2006 and under the Banking Codeicon of practice that I should have been receiving these all along. Also subsequently turns out that a dispute I had with the bank regarding a missing loan payment in January 2009 had not been resolved as I had thought but I had been blissfully unaware because of the lack of statements.

    The bank didn't want to entertain my complaint so I took it to our friends at the fosicon who despite making me wait 6 months to start the process seemed to be friendly and sympathetic. I was wrong. This is the upshot.

    The bank have accepted that in 2006, 2007 and 2008 that they failed to send me an annual statement but say that this was because they were not required to do so. They say though that they did so in 2009, 2010. I am absolutely adamant that they didn't and are telling porkies if they say they did. The FOS have sided with the bank.

    When I asked the adjudicator why they reached the decision she informed me that they rely on the integrity of the banks to tell the truth. In this case she said that the bank had stated that they had a copy of the statements 'on file' and they would assume then that they had been sent. Case dismissedicon. I've appealed to the ombudsman but frankly don't hold out much hope.

    Essentially then the bank have failed in their obligations under the CCA, have failed to send me statements and thus should refund me the interesticon from this period but it seems to get themselves off the hook, all they have to do is tell the FOS that they've been sent and la voila the case is dismissed. There's no extra proof required, no audit trail that needs to be shown, just tell 'em you did and you did.

    I just feel I've spent the last 12 months or longer wasting time on a case that I was never going to win from the offset. The utterly frustrating part is that I know in my heart of hearts that statements haven't been sent but where do I go from here? Can anyone offer some assistance?

    Many thanks

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  2. #2
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    Default Re: Lack of Annual Statements - FSO let me down - HELP!

    You could SARicon the lender to get the statements?


  3. #3
    Basic Account Holder uncooperative Novitiate

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    Default Re: Lack of Annual Statements - FSO let me down - HELP!

    Thanks for the quick response ims21. It's certainly something I need to do, after all from 2006 - 2010 I never received them so it would be interesting to see what I should have received The real problem I have is not that the statements don't exist (the bank allegedly has them 'on file') but that for whatever reason they just weren't sent. I'm guessing that because the loan was taken out before the new requirements of the CCA kicked in circa 2008 that statements weren't sent initially (as they have admitted) but that I fell through the cracks in the pavement thereafter. I just wish the 'ethical bank' would accept their mistake. Trouble is that when the fosicon won't hold them to provide any sort of proof of posting then there's little incentive for them to do so.

    Can't see where I can go from here, is the county courticon going to be a non starter do you think?

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  4. #4
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    Default Re: Lack of Annual Statements - FSO let me down - HELP!

    What do you need the statements for?

    What are you suggesting you sue them for?

    What I mean is...what is the end goal here?


  5. #5
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    Default Re: Lack of Annual Statements - FSO let me down - HELP!

    It was my understanding that under the CCA 2006, from October 2008 if a bank fail to provide you with an annual loan statement that they can neither enforce the debt nor charge you interesticon for the period of non compliance. So in my case, from October 2008 through to May 2010 it was unlawful for the bank to charge me interest. I would like my money back. We're only talking a few hundred quid but its the principle involved, my loan is all but settled now anyway.

    There was little point in the CCA introducing the requirement to send annual statements if the conseuences of not doing so can be so glibly avoided.


  6. #6
    Basic Account Holder Trish Wilson Novitiate

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    Default Re: Lack of Annual Statements - FSO let me down - HELP!

    I had a problem getting statements from my bank and finally sent in a SARicon. I still had a problem but I finally I got them and thank goodnesss I did because the evidence of the statements have undermined much of the bank's version of events.



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