Smile Credit Card - Cancellation Notice

[Misscynical]

Hi All, yet another battle, this time with Smile/Co-Op!

 

On 27 October I CCA'd Smile/Co-Op for a copy of my Agreement etc.

 

On 29 November had a 'We do not appear to have received a recent payment to your account' letter.

 

On 7 December I received a letter saying 'URGENT... We are concerned that you have not repllied to our previous letter and your account remains overdue.'

 

On 8 December I had a call from the collections department and I explained that the account was in disupte as I hadn't received a reply to my CCA request so they said they would get everything sent to me.

 

On 15 December I sent them the Account in Dispute letter as a follow-up to non-appearance of my CCA.

 

On 16 December I received a 'WARNING - NOTICE OF DEFAULT IN IMMINENT' letter from them. So I called them on 19 December and said I didn't believe they could send me a Default Notice when the account was in dispute because they hadn't hadn't me my CCA. He confirmed that no Default Notice would be issued and that I probably hadn't received my CCA because I had sent the CCA request to Customer Services instead of a named person. I told him that this was a ridiculous and if that was the case the Customer Services should have forwarded the request to such person.

 

Now I have received a Cancellation Notice stating:

 

'IMMEIDATE PAYMENT REQUIRED: £19

 

Under the current Conditons of Use that apply to the abovce account, your agreement with the Bank has been terminated. Your therefore no longer have the right to draw credit on this acount.

 

If you have not already done so, you must cut any cards that you hold in two and return them to the Bank immediately.

 

Please contact 0845 6001170 to confirm when the arrears payment will be made. If you are unable to clear the arrears we can accepts reduced payments.

 

Should you fail to respond immediately, proceedings may be instituted against you for recovery of the balance outstanding without further notice.'

 

Any pointers please on what to do next? With thanks, Miss C

[Misscynical]

I've placed a new thread over on Smile http://www.consumeractiongroup.co.uk/forum/smile/176995-smile-credit-card-cancellation.html but it seems quiet there and I was hoping to get an answer pretty quickly please. If anyone could pop over there and have a look I'd appeciate it. If it would be better to move the thread here to 'Legal Issues' then could you let me know? Thanks all. MissC

[Misscynical]

Little bump and update:-)

 

The Cancellation Notice mentioned in my post above was dated 6 January 2009.

 

I telephoned Smile on 11 January to ask why I hadn't been sent a Default Notice prior to the Cancellation Notice. The Chap on the phone ummmed and ahhhed and then said one had been sent on 5 January. I asked him when it was dated and he told me it was 5 January. I told him that I hadn't received it and that I was supposed to be given 14 days notice before a Cancellation Notice was sent. I said as this hasn't happened - plus the account was still in dispute as they had never sent me my credit agreement after CCA request on 27 October - I didn't believe they could cancel my account.

 

On 17 or 18 January I then received a copy of the Default Notice dated 6th January - not 5th January as bloke said during phone call to Co-op.

 

I have now received a letter dated 20 February saying they 'hereby demand immediate payment and that under current Conditions of Use that apply to the above account your agreement has been terminated (for the second time apparently:-)).

 

Please could someone what I should do now??? Many thanks, MissC.