Lexis200 V Co-OP (CCA)

[lexis200]

Hi

 

I requested my agreement sometime in August, and eventually received this yesterday.

 

I think it's unenforceable, but always like a second (and third!) opinion before wading in:D I don't know if the white bits had info written in them which they have for some reason removed, or if it literally just has a typed address and my sig.

 

It is as fuzzy as it looks on the scan - I can't make out the small print at the top of the page.

 

Thanks for looking:)

 

co_op1.jpg - Image - Photobucket - Video and Image Hosting

co_op3.jpg - Image - Photobucket - Video and Image Hosting

co_op2.jpg - Image - Photobucket - Video and Image Hosting

[citizenB]

TBH, I cant see anything that resembles prescribed terms. It is however, an extremely poor copy.

 

If you were to increase the size of the print on a photocopier.. do you think you would be able to read it then?. Although, having said that you shouldnt need to do so.. you are supposed to be able to read what you are going to sign.

 

I would send them a letter asking them for a better copy

 

I was about to link you to another co-op thread.. only to discover you had been there before me:grin:

Edited November 12, 2008 by citizenB

[lexis200]

Yep, just trying to find out how it might pan out:D

 

I've done the letter and it's going tomorrow, so they'll probably realise the error of their ways and zero the balance by Tuesday:lol:

 

Thanks again for your opinion CB - I'm not sure what I'd do if you weren't around to point me in the right direction:D:D

[citizenB]

Yep, just trying to find out how it might pan out:D

 

I've done the letter and it's going tomorrow, so they'll probably realise the error of their ways and zero the balance by Tuesday:lol:

 

Thanks again for your opinion CB - I'm not sure what I'd do if you weren't around to point me in the right direction:D:D

 

 

And another flying pig passes the window >>>>>>>>>>>>>>>:D

 

thank you for your kind comments.. there are lots of CAGers who would have helped out I am sure.

[lexis200]

Well it's not gone quite as I anticipated - the balance hasn't been written off just yet:)... they received the letter about the cca, and a separate one regarding not responding to a query, giving me the wrong info on the phone, and telling them to write only on the 17th.

 

So far since the 13th I've had 13 calls, but only over 3 days (two of which were today and the 17th, the other before my letter would have arrived). No one ever wants to talk to me this much:rolleyes:

 

I'll give it a couple more days to see if it calms down (I'm giving them the benefit of the doubt for a minute as my letter may not have been put on my notes yet). If it continues I'll send another harassment letter, and if I'm feeling up to it I might just answer a call and tell them - ever so politely of course - to stick it.

[citizenB]

Crikey lexis, that is a lot of activity.. especially as you only wrote to them on the 14th !!

 

I would get the telephone harassment letter out immediately, send it with the free proof of posting only. If you can afford it, send one every day for a week.. see how they like being harassed

[lexis200]

I like the sound of that - I'll get a few printed out:D

 

Had two more since posting too...

[lexis200]

OK, trying to get on top of things a bit, and I realised I've had diddly squat from this bunch of bankers. Seriously, they are owed the least by some considerable margin, insisted on the most payment (relatively speaking) and have been the most ignorant of the bunch. Even MBNA have the nonce to send out a template letter or two in response to complaints and queries!

 

Anyway, realised I'm still paying them despite the fact they haven't turned up a legible agreement with pt's, haven't responded to a complaint from OCTOBER, and haven't responded to why they kept telling me the account was in arrears when it was paid at the same time each month:mad:

 

So, letter going off by Monday informing them that they are well out of time, that payments will stop due to lack of enforceable agreement, that they have not even attempted to address my concerns regarding the agreement, and my complaint about their appalling customer service, and anything else I can think of!!! (CB, be warned, I may need you to tone it down afterwards for me:D)

 

The really annoying thing is that I did a spend v payment etc spreadsheet, and it's turned up that - assuming they can find an enforceable agreement - I still 'owe' them about £500 on this (it's only at around £800!), even taking interest and the meagre few charges I've incurred. Typical isn't it:rolleyes:.

[citizenB]

I like your style, Lexis.

 

This company have ticked me off big time as well.

 

A CCA letter was sent to them in February of last year. About 4 weeks after they received the request, they defaulted OH then terminated him, passing the account back and forth between several DCAs. One of those, Equidebt, really felt the weight of my tongue and fortunately had the sense to pass it back along with my comments to the Co-op. This was in August last year.

 

I then received a weasly letter from the Co-op saying they were investigating my complaint and could see no good reason not to supply the agreement. Well neither could I, actually.. however, for good measure I SAR'd them. Because other things got in the way, I didnt send the non compliance letter (yep.. they didnt send anything within the 40 days) until end of October. Another weasly letter which said the information had been sent out 7th October (well where is it then ?) and they would get on to it. I received a package on 12th December, nice padded envelope which was UNSEALED, in fact there was absolutely no tack on the envelope so it was unlikely it was sealed when it left the Co-op. There were just a few pieces of paper inside and no covering letter suggesting that contents were missing/removed.

 

I was straight on to ICO who told me to lodge a formal complaint, enclose the envelope and they would get on to it.

 

I copied the complaint to the Co-op. I received a further package at the beginning of January. This time they had used enough sellotape to hogtie a hippo to seal the envelope !! All this contained was a few screen prints and a covering letter telling me that they didnt have to provide copy statements. The agreement, needless to say, is not compliant.. sigh.. !!

 

Paul (pt2537) confirmed that as correct on my thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/175351-co-op-subject-access.html

[citizenB]

Have the phone calls stopped, Lexis ?

[lexis200]

Yes, but only I suspect because I'm still paying!

 

I thought I'd stopped a while ago, but I checked my s/o's a few days ago and the payment plan is still there:rolleyes: Anyway, after the SAR arrived, it reminded me about co-op (who, tbh, I had been pretty much ignoring as they are the smallest balance), so I'm fairly sure they'll be starting again with a vengeance soon enough:)

 

I would post up the agreeement that came with it, but it's exactly the same as the front page in post 1; the only difference being they haven't scanned a back to this one!

 

Not sure if that means anything or not, but I'm pretty certain they have nothing more so I'm just going to write and tell them to foxtrot oscar. Then write again explaining my first letter as they won't have understood it. Then continue to bang my head against a brick wall for a few months.

 

Actually I think with this lot I just can't be bothered, so I'll stick to an initial letter and a follow up to say I'm not corresponding further when they start getting hissy.

 

Does that sound ok do you think?

[citizenB]

If they arent hassling you, then I think I would concentrate on those who are. It is so bliddy frustrating though isnt it:(

[lexis200]

Just had a lovely chat with a lady from Co-Op.

 

She was just phoning as the plan I'm on has expired, and am I in a position to up the payment?

 

I just said no, and there was a good 10 seconds of silence while she was obviously waiting for my bumbling explanation of what I would do to fix this, but unfortunately I was in the middle of doing the kids lunches so what she actually got was the sound of me cutting cucumber up to an otherwise deathly silence:D

 

She's sending a letter for me to sign to say the situation is the same:rolleyes:

 

I did ask if she had my notes up (yes), and could she see I'd asked for a copy of my agreement (yes). Apparently customer services have already done this for me. Obviously I had to mention that actually no, they hadn't, they'd sent an application form. She said - twice - that that was the agreement. I said no it's not, it's got no terms on it, and could she please get a note to them to send the agreement, not the application?

 

I also mentioned that Valerie whatshername has been sent letters regarding this, pointing out the problems with the application and that it was not compliant with my request, and was it normal not to have the courtesy of a response save for template letters telling me I'm not sticking to the payment plan (I had been btw)? She said she didn't know:rolleyes:

 

Anyway, I was just amused by the categoric statement that the application form with no terms on it was the agreement:)

 

Oh, and for a change she was a very pleasant lady. Normally Co-op are prize gits on the phone.

 

Lexis:)

[citizenB]

From experience, it is Co-op company policy to ignore letters until such times as one starts telling the DCAs that there is a problem

[lexis200]

After another chat with some twit at Co-op, which I won't bore you with, I've had a bit of a check through my stuff.

 

I've found this letter

http://i508.photobucket.com/albums/s328/lizzybug78/cooptermination.jpg

stating the account has been terminated, but I don't seem to have a DN anywhere...very strange as I've always been a worrier about this sort of thing, and I tend to keep everything like that.

 

I then checked through the toot they sent by way of an SAR (which handily includes a page of someone elses statement, with name, address balance etc on it), and have found that they have not sent me a copy of the letter I have, or a DN, and the log they've sent does not have any info over a whole year, starting right at the time this would have been sent, and that I was setting up the payment plan. Coincidence?

 

I'm going to go through the SAR properly, get a letter done asking for the remaining items (including a DN), and then hopefully tell them to sod off. I haven't been bothered with them at all for a while, but as I've said, they're the smallest account but the biggest bankers of the lot, so it's irking me now.

[pompeyfaith]

Hiya Lexis,

 

Keep at them do not give in, I too have had many problems with them still am in fact.

 

They never ever respond to letters and in my case deny having received letters so i sent a big envelope via SD costing me money again just to prove I have.

 

They even did not acknowledge my claim was with the FOS for a period of 8 weeks.

 

They maybe a small bank in comparison to the major players but they are definitely one of the worst

 

Regards

 

PF

[citizenB]

Crikey, Lexis. I wonder what the fallout from that one will be.

 

Surely they MUST send the Default notice first before terminating. This would be unlawful termination of the account !

 

PF, they must surely not receive a lot of letters. I must have sent them 30 letters, all recorded or SD with all of the mail signed for. Yet they still claimed NOT to have received CCA and SAR requests. It was only when I photocopied all the track n trace receipts did I actually prod them into sending me stuff.

[lexis200]

The thing is, why should we have to do this stuff - and spend money on telling them that yes, they have received x letters - but yet not have any back-up from the bodies who are supposed to help?

 

This is blatant lying by them, coupled with a massive arrogance that allows them to assume they do not need to respond to their customers. If it was the other way around we'd be in court faster than you can say unenforceable!

 

Well, hopefully I'll be able to show that there was no DN, but even if I can't they've got nothing in the way of an agreement. I'd like to have a double whammy, but I'll make do if I have to:rolleyes:

 

Thanks for the moral support though everyone:)

[pompeyfaith]

Lexis,

 

Its a pleasure when it comes to the Co-op at the moment im their biggest enemy as citizenb knows.

 

Regards

 

PF

[citizenB]

Lexis,

 

Its a pleasure when it comes to the Co-op at the moment im their biggest enemy as citizenb knows.

 

Regards

 

PF

 

Oh yes:D

[lexis200]

Had a conversation with co-op collections a couple of days ago.

 

I didn't handle it terribly well (not feeling A1 that day, so really should have just refused security). I did at least say co-op had categorically been the worst creditor I had dealt with since having payment issues, and I was absolutely disgusted by the service they'd given me.

 

Essentially she wanted to know if I'd completed the I/E form they'd sent for the payment plan. I said no, and wouldn't be until I had the courtesy of a response from Valerie whatshername. I was told that she was not in the department I needed and couldn't help with what I was asking (amusing seeing as I hadn't explained it at this point).

 

I did get rather ratty then and told her that all I could do was reply to the people who sent letters to me. If they were incorrect, did she not think that as the most basic of courtesies, Valerie should have written back to say she couldn't help but x could, rather than ignoring every single letter I had sent? Silence.

 

I then told her I was still waiting for a copy of my signed agreement.

Her - it says you've been sent it

Me - no, I've had a signed application with no terms. That is an unenforceable agreement. I want a copy of my signed agreement, complete with the terms required to get payment from me'

H - so you want us to prove you owe us the money you've spent?

M- yes

 

Anyway, didn't go any further with that as her last sentence showed the stance she was going to take on this:rolleyes: Fair enough really; if I was only hearing these annoying adverts and the biased telly stuff about CCA'a and all the debt avoiders, I'd think the same. Still annoying though.

 

She continued pressing about the I/E form, and I continued avoiding, but to her credit she did go off and talk to her manager for a while and has said they will be sending out the agreement. I told her if they were going to send out the same thing they'd already sent twice that they needn't bother - I only wanted the agreement with terms.

 

This should at least clear that bit up - if they don't send anything they most definitely don't have it. If they do they've been a bit naughty with the stuff they've sent for the CCA and SAR...

 

I've been very lax on all creditors for a while now (they've all been quite quiet!), but once half term's over I really need to get a load of letters out. In with that will be one to the co-op telling them the payments I've carried on making as a gesture of goodwill (seeing as they've not sent an enforceable agreement) will be ceasing, and listing the oddities within the SAR. Such as no DN, no termination letter and someone else's statement etc.

[citizenB]

Go get em, Lexis.

[lexis200]

Wow, you're particularly omnipotent today CB:D You seem to have replied to every post I've done almost instantly:D

[citizenB]

I think it is you following me in reverse

[lexis200]

Ahh, you caught me in my devious plan...