Jump to content


  • Tweets

  • Posts

    • Yes, it has been cleaned now - it had to be, he came out of hospital at the end of December, and Friend has secured the services of a local cleaning company to come in once a week.  
    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt. The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. From your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon. One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
    • good issued the default after you turned 50 when any payment is not longer required on the loans and they should be written off.   it's fast becoming clear that they solely refused your SLC forms as a mode of deferring to create this whole falsehood.   the case your refer to about the new forms is detailed in this form in many SLC erudio threads.   if you could go get a USB converter lead to make your old HDD drives readable from amazon or somewhere , cheap as chips and <£5.
    • Has the property been cleaned now? Is it the in the same state as before?
    • Please follow the link and read what we have to say about people who pay by bank transfer
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

About to start Against Co operative bank


Please note that this topic has not had any new posts for the last 5140 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi There,

 

Im about to start the process against the Co Op bank as I have now totalled up the charges some £1270.00 is owed to me in the last three years.

 

I understand that I send letter 1 1st giving them 14 days to reply and then LBA is this right?

 

and also I have some statements missing the bank has said they will charge me £5 for each one and I need 17 of them is this right.

 

please help im a newby at this and need some advice have read all threads over several hours.

 

many thanks

clive

Link to post
Share on other sites

Hi Splash.

 

I guess that, because you have most of your statements, you have not sent a Suject Access Request letter to the Co-op. If you now send this--

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-data-protection-act-subject.html

 

suitably modified to ask for the missing pages, then the bank must comply. This will only cost you £10.

 

You will have to be patient but if there are more charges on the missing statements, it will be worth the wait!!

 

Elsinore

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

Link to post
Share on other sites

Suggest that you also have a good read of the FAQs and Step-By-Step guides in the library section. Start your own thread in the appropriate forum, then if you have any questions, just post them in your own thread.

The answers will not be far away.

 

Good luck with your claim.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

hi there,

 

I have saw several addresses to write to at the cooperative bank and several different people.

 

could somebody please tell me the right ones for

 

data protection letter

 

reclaim charges 1st letter

 

Letter before action

 

your help will be much appreciated

many thanks

clive:?

Link to post
Share on other sites
Hi Splash.

 

I guess that, because you have most of your statements, you have not sent a Suject Access Request letter to the Co-op. If you now send this--

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-data-protection-act-subject.html

 

suitably modified to ask for the missing pages, then the bank must comply. This will only cost you £10.

 

You will have to be patient but if there are more charges on the missing statements, it will be worth the wait!!

 

Elsinore

 

thanks for the link its much appreciated and I know theres lots more charges

take care clive

Link to post
Share on other sites
Suggest that you also have a good read of the FAQs and Step-By-Step guides in the library section. Start your own thread in the appropriate forum, then if you have any questions, just post them in your own thread.

The answers will not be far away.

 

Good luck with your claim.

 

thank you for the advice had a good look through will send the ten pounds tomorrow for the data protection stuff

take care

clive

Link to post
Share on other sites

Thread moved to Co-op forum

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Link to post
Share on other sites

i sent my Data Protection Act request to Judith burgess. it probably doesn't reach her but it seems to make her staff reply pretty quickly. Good luck to you and all!

Link to post
Share on other sites

Hi Splash.......when you get to the letter writing stage the 'Head of Debt Management' at Co-Operative Bank is one Stephen Mound, at the 1 Balloon Street address in Manchester.

I have an on-going claim with them and they stall longer than most. I always write to Herr Mound, but he is so arrrogant (or cowardly) that responsibility for replies are always delgated to someone in his 'customer care' department. He seems very good at sending standard letters and l am beginning to wonder if he actually exists (like the famous 'Tom Champagne' of Readers' Digest prize draws!)

My MOL claim is going in this week so maybe that will get a response from him!

Will report results.

Wishing you a speedy conclusion to your claim.

Link to post
Share on other sites
Good luck with your claim Clive. I've spent the morning reading up on what I need to do to get mine back from Smile so am just about to start =)

 

thanks for that dfillmore and also dont delay the money is yours get it back and wishing you the best with your claim

 

clive

Link to post
Share on other sites
Judith A Burgess

Co-Operative Bank

P O BOX 101

MANCHESTER M60 4EP

 

Fax 0161 819 5892

 

Always gets a personalised reply.

 

thanks for that I have just sent it today

many thanks

clive

Link to post
Share on other sites
  • 6 months later...

Good luck everyone, just got my SAR bundle back from Co-op visa today, going to have to trawl through with the highlighter now.

 

Steve

Barclays -

- initial letter sent

- LBA sent 30/10/06

- settlement "good will" offer 10/11/06

- rejection letter sent 11/11/06

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...