My first contribution to this site.

I owe the Co-operative Bank money on a credit card and had problems with repayments.

They were being quite unpleasant about it (I had asked for a 'breathing space')

in one week claimed to have passed my debt onto a collection agency and then said they were taking me to court.

I wrote to the CEO Niall Booker and he sorted things out and I received an apology and a cheque for £75.

its worth going straight to the top.

I also discovered that Phil Burrows who I received a lot of post from doesn't actually work there anymore!

Is this normal for a bank to continue using the name of an ex-employee on their letters?

Does Phil Burrows know?

I am pleased you did get this resolved in the end and with a bit of compensation as well.

I have a feeling that they tend to use "made up" names for signing letters (although this hasn't actually been proved) in order to prevent irate customers demanding to speak to a "real" person.

From what you have said above, it looks like they didn't follow the correct process which should have been....

Once you had defaulted and the account was marked as delinquent, they should have sent you a default notice. This would have given you a statutory period of time (usually 14 days) in which to either remedy the breach (pay the arrears) or come to a payment arrangement with them.

If you didn't or were unable to remedy the breach, then they would most likely have started reporting to the credit reference agencies and then sold/assigned your account to a Debt Collection Agency.

Who said they were going to take you to court ? Was it the Co-op themselves or the DCA ?

If the Co-op, then they misled you by saying they had sold the account. If the DCA, and the account had been sold/assigned then the DCA can issue a claim in their own name.

Hi.

I have had a 12 month breathing space from my credit card payments with the Cooperative Bank, paying just a token amount each month.

This agreement is now up

I received a letter dated 17th November giving me notice to contact them within 7 days or I would be served with a default notice.

However, I also received a default notice dated 16th November.

I live on a boat and collect my mail every few days so I don't know which arrived first

can they issue the default notice before the letter warning you of their intention to do so?

This is not the first time I have had problems with the Cooperative Bank

- last time I ended up contacting the CEO.

I suppose I will go down the same route again as past experience has shown its pointless trying to resolve issues through the usual channels. Any advice about wording my response would be gratefully received.

Hi, when you say you had a 12 month 'breathing space' paying token payments, were they still adding interest?

How did you make this agreement with them and what were the T&C's of the agreement?

IMO, they should have defaulted you as soon as you stepped away from the original agreement, which outlines if you fail to maintain payments the course of action they can take.

How much is this?

When did you take the card out?

What does the DN require you to do to remedy the account?

Hi. Thank you for responding so quickly.

I owe £10,286.42 and no they have not added interest.

I sent them a budget plan which showed that after outgoings I could only afford £7 a month.

After a few contradictory letters saying they were selling my debt on and then in the same week saying the bank was starting court proceedings

- all at the same time as I was negotiating a token repayment plan

- it was finally agreed that I would have 12 months paying £7 after which it would be reviewed.

I then received these two letters at the end of my 12 months.

The default notice says I am in arrears of £2,989.68 on my repayments to the original debt and must pay by the 03/12/16.

If I don't pay I will then be required to pay the whole debt.

In the original repayment plan it says that they will "shortly take steps to default and terminate my account".

I suppose 12 months could be considered "shortly" if you have memory problems!

I expect it got lost in the system.

I took the card out at least 10 years ago.

I have a CCJ (it's a long story) which is why I had to put my payments to the credit card on hold. Cheers.

It would appear that upon review they have decided to default you prior to selling the debt on to a dca, i would expect you will next receive notice of assignment to whomever the dca will be and any default registered will be transferred to said Dca.

Seems quite common practice to do so.

Get an sar running before all the details hit the Shredder's

Cant see them selling a +£10k card debt mind...

Unless there's something seriously wrong with the balance like PPI or penalty charges???

When was the card account opened?

If, as seems possible they do sell it on, then would be the time to do a S78 request but not before - well certainly not in the near future. Opening date is quite important as is how it was opened, if you can remember

Either way, they should have defaulted you when you went onto a token payment but just at the moment that really isn't a concern

Thank you for advice.

I hadn't heard of a SAR before so I may do that.

I don't think I had any PPI - I never bothered with those when I borrowed money.

They have zero chance of raising money from my assets as I have none, not even a TV.

My boat is the reason for the CCJ

- I was misled by the seller and the surveyor when I bought it and it turned out to need far more than the ' cosmetic work ' suggested by the survey.

In fact it needed a complete overhaul.

I went to court and lost hence the CCJ

- it turns out that under the Sale of Goods Act a private buyer has virtually no protection, even when my partner took the boat to sea having been told it was seaworthy and it nearly sank, his life was put at risk but no one was interested, not even the MCA who allege to be so concerned about safety at sea.

They actually had previous knowledge of the surveyor who they had prosecuted in the past but he was still allowed to practice.

Anyway, I digress.

I suppose I can always move if the collection agency comes calling!

Thank you and I will donate to this excellent site when funds permit.

Collector?

DCA's are not bailiff s and have no such legal powers

Hi. I owe approximately £10,000 to The Cooperative Bank on one of their credit cards.

Over the past 12 months I had a payment plan in place but this has now run its course and they have written to me saying the debt is being passed to a DCA.

They said they will inform me shortly which lucky agency has won the right to attempt to persuade, pester or intimidate me into paying.

I am currently paying £500 a month towards a CCJ so my disposable income is barely worth mentioning.

I have no savings or any means of paying this money

- what are they likely to try and do?

I live on a boat and have no possessions of any value.

My car is necessary for work and is worth less that £2000.

Thank you for any advice.

well 1st things 1st

a DCA is NOT A BAILIFF

so they cannot

take you car

they have no legal powers WHATSOEVER.

passed or being sold?

if only passing then you totally ignore them.

if co-op are SELLING the debt to a debt buyer for peanuts

one wonders why?

a £10k debt to a very major bank...

well they could crush you in court

why are they selling it..urm??

why not get an sar running to them?

anything to reclaim

PPI £12 Penalties etc etc.

as for the CCJ

£500PCM who go that!!

3 threads merged

I see we've already trodden these boards already.

dx

Yes - I have been here before but the Coop were dithering about allowing me to continue my £7 per month payment plan or throw me to the wolves.

I have no PPI and judging by the comment

- £500 is a lot to pay on my CCJ?

The judge wasn't very sympathetic to my plight sadly -

I was hoping I'd get a fellow seafaring type but it wasn't to be.

maybe the Cooperative Bank doesn't see £10k as that much money after the dent in their budget Mr Flowers made - or was that Reverend Flowers?

So it's good that they are selling it?

And by the by there's nothing left to crush.

well are they selling it

we don't know...

but safe to say

not even a judge can get blood out of a stone.

dx