Hi All,

I have a query regarding my Coop Credit Card.

Basically the coop send me statements each month with the incorrect APR shown. When I question this they always say to ignore it as they are calculating the right APR. However they cannot tell me what my APR should be (maybe due to lack of agreement:)).

I have an outstanding balance of £9k and wondered what they can ask me to pay if they dont have an agreement???

I sent a CCA letter on the 3rd Feb 2009 and have heard nothing back. What is my next course of action??

Also, I forgot to keep the strip from the Postal Order so cannot tell if tehy cashed it or not. MY bad. But I do have the Recorded Delivery receipt, which they signed on the 5th Feb 2009.

Any help is appreciated.

Mr Digots

Send this letter off to them as they are now in default of your request for a CCA.:

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA 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 your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(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. 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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Hi Clemma,

Thanks for the quick reply.

Just a quick question. What will happen next, do I have to pay any of the outstanding debt? or do I pay the balance minus any interest they have charged on the account. Just a bit confused on this issue.

From reading the above it seems as though I will simply stop paying any more from that account if it goes into dispute??? Is that correct, the last thing I need is for them to chase me for the balance (minus any interest charged).

Many thanks

Mr Digots

You can stop paying them now as the account is in dispute. They will no doubt chase you and perhaps even sell it on to a DCA (which they CANNOT do whilst in dispute - come back here if that happens). Just remember, whilst it is in dispute they KNOW they cannot ask you for payments/take further action etc.

Whether they follow the rules or not remains to be seen. Do not let them bully you in to paying. Do not talk to them on the phone (just refuse to go through security) and tell them everything in writing. You are well within your rights to with hold payments.

Keep us posted!

Hi Clemma,

Thanks again for the quick reply. I will send the letter off today.

If they come back and say they cannot find an agreement do I have to pay ANY of the outstanding balance? Or is it all wiped off.

Also, while in dispute, if I stop paying them, then they find the agreement can they take any action against me, ie charge late payment fees or close the account and ask me to pay the balance immediately.

Thanks for all your help, I really appreciate your time and effort.

Mr Digots.

If the agreement comes back unenforceable, it does not mean the debt does not exist. What it does mean is that the co-op can take no action against you to get you to pay. In effect, you can stop paying them and after 6 years it becomes statute barred (during the 6 year wait they CANNOT pursue you ). For as long as this is in dispute you do not have to pay.

If, however, they come up with a valid CCA within this 6 years, then they can pursue you for any outstanding debt. They could produce one in 12 months, 3 years etc., and you would then be liable to pay as the account would no longer be in dispute. As for making you pay it all back in one go.......they may well ask, but you pay them what YOU can, not what they say you have to. If they don't agree then they could take it all the way to court (which takes a long time and costs them money), but a judge will only award them a monthly payment based upon your income and expenditure.

The 12+2 days originally given to them is the timeframe they have before you can place the account in dispute. It is then up to them to prove otherwise.

Hope this helps (and makes sense)....

Many thanks again Clemma.

That makes total sense to me

I wouldnt mind if they did find the agreement, at least then I would know what I am supposed to be paying. I am sure it is 1% above the Northern Rock base rate (The CC was linked to the mortgage rate before the co-op took over the accounts) but I cannot find any documents to prove this and they are sending me statements saying my rate is 15% etc...

On another note, in your template above you have

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

As I have not had any response from them I assume I should remove this reference before sending.

Thanks for the help, will report back when I hear something.

Mr Digots

Yep, just miss that bit out

Thanks again Clemma.

Sorry for all the questions but at what stage do I stop payments?

Is it after they receive the next letter or can I stop them now? I am due to pay them by direct debit on the 1st of March.

Thanks again Clemma.

 

Sorry for all the questions but at what stage do I stop payments?

 

Is it after they receive the next letter or can I stop them now? I am due to pay them by direct debit on the 1st of March.

No problem - thats what CAG is here for!

As the account is in dispute now, you can cancel that direct debit and not pay them until they produce your valid CCA

Nice one, I didnt start this process to get out of paying the debt I owe, but as I see it they simply messed me around and never reply to letters etc.

I have had a bit of a battle in the past with them marking my credit file with late payments when it was their own fault etc so I have no sympathy for them. Im sure they will sit up and listen now though. Lets see how it goes.

This forum is great for helping people like me fight the long battles.

Much appreciated.

Mr Digots.

Just a quick update...the post office lost my letter grrrrr

I will send another one today just in case.

Mr Digots.

No problem - thats what CAG is here for!

 

As the account is in dispute now, you can cancel that direct debit and not pay them until they produce your valid CCA

Well, I received a letter regarding the cancelled Direct Debit and how to make payment etc. but I have had absolutely no reply to my 2 recorded letters requesting the CCA??

What do I do next??

Thanks in advance

Mr Digots.

Once the 12+2 days are up you can send them the dispute letter. You say you sent it on the 4th March, so there time will be up on the 24th March. This is the letter you need:

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA 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 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. 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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Hi Clemma,

Thanks for the quick reply.

The one I sent on the 4th March was the 2nd letter requesting my CCA as you instructed I should do, they did not respond to the one I sent on Feb 3rd either.

They just sent a letter to say the Direct Debit had been cancelled and I should pay asap.

Hope that helps.

Mr Digots.

Did you not say your first one was lost in the post??? If not, then send the dispute letter straight away!!!

Did you not say your first one was lost in the post??? If not, then send the dispute letter straight away!!!

Hi Clemma,

Thanks for the reply.

I think we have crossed wires

I sent the first CCA on 3rd Feb which was signed for on 5th Feb.

I then posted the question on this thread asking what I should do as I hadnt received any response.

You advised that I send the letter as you quoted, which I did on 26th Feb. That letter was lost in the post so I sent another one the 4th March. That one was signed for ok but I have heard nothing back except to say my DD was cancelled.

Hope that helps.

Cheers

Mr Digots

Yep, definitely crossed wires lol - I should have read back through the thread They probably won't respond to the dispute letter to be honest. Chances are it will be passed on to a DCA (they can't do this by the way - if they do, come back here)

You can go down another route, HERE. The letters are posted on that thread that you can use. Have a read through it first.

Hi clemma,

I am getting a few phone calls now from them, I am out to work all day so they are just leaving automated message for me to ring them. Obviously they are just ignoring my letters.

Do you think I should send another letter asking them to stop calling and to send me the CCA?

Cheers

Digots

You can send the telephone harassment letter to them (courtesy of diskmandave ) It's pointless sending them anymore letters - have you the proof that the ones you have sent have been signed for? If so, then they are well aware of their obligations.

-HARASSMENT WARNING-

 

WARNING;PROTECTION FROM HARASSMENT ACT 1997;

 

WARNING; COMMUNICATIONS ACT 2003, S127.

 

TELEPHONE NUMBER

 

Re: Harassment by telephone

 

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

HELP!!!

I have now received a 'Warning - Default Notice is Imminent' letter from the coop.

Can anyone advise what I should do now. I already sent them 2 requests for my CCA but have not had any replies other than the phone calls and this letter. Is the Balloon Street address the right one to send to??

They are constantly ringing my phone (which I do not answer as suggested in other threads).

Any advice is appreciated.

Regards

Mr Digots!

I have the same problem with the co-op after 3 months they came up with my northern rock cca but it is unenforceable I have had the account in dispute since jan. but they defaulted me.They will not answer letters or stop calling, if you send the telephone letter they ignore it.I do not speak on the phone and have continued to hold the account in dispute they have said they are passing mine onto a DCA but while its in dispute they cant.If I was you pay them nothing dont talk on the phone and wait for their next move.

I have the same problem with the co-op after 3 months they came up with my northern rock cca but it is unenforceable I have had the account in dispute since jan. but they defaulted me.They will not answer letters or stop calling, if you send the telephone letter they ignore it.I do not speak on the phone and have continued to hold the account in dispute they have said they are passing mine onto a DCA but while its in dispute they cant.If I was you pay them nothing dont talk on the phone and wait for their next move.

Ok, They have now sent me a letter to tell me my account has been closed and to return any credit cards I have. They are asking for the full balance to be paid off i believe.

They have also sent me a letter telling me someone from Power2Contact will call into see me within the next 10 days???? wtf?

What do I do now, I dont want people turning up at my door?

Should I talk to them and explain the account is in dispute.

Cheers

Mr Digots

I have had the same letter. I wouldnt talk to anyone if power2contact contact you then write and tell them it is in dispute, also send a letter there is a template on here telling them nobody is to call.I didnt return my cards I cut them up as I was told on here not to return.

I have had the same letter. I wouldnt talk to anyone if power2contact contact you then write and tell them it is in dispute, also send a letter there is a template on here telling them nobody is to call.I didnt return my cards I cut them up as I was told on here not to return.

Ok thanks mate.

Why dont they simply reply to my requests and say they are looking for my CCA, b***tards.

Will keep you updated.

Mr Digots