Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Debt owed to Co-Op has been passed on to DCA - best course of action?


Tenacious12
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2617 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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?

Link to post
Share on other sites

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.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 11 months later...

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.

Link to post
Share on other sites

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?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

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

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

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???

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

Any opinion I give is from personal experience .

Link to post
Share on other sites

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.

Link to post
Share on other sites

Collector?

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 months later...

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.

Link to post
Share on other sites

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!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

3 threads merged

I see we've already trodden these boards already.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...