Un1boy v Co-Op **SETTLED IN FULL**

[un1boy]

Hust received this Secure Message:

 

__

I've just received your Letter, dated xxx.

 

I'm sorry you're disappointed that we haven't issued a final reply to your complaint. We work to FSA timescales, which you can read about at Redirecting to Smile Production Site by clicking on 'talk to us', then 'complaints'.

 

Should you wish to issue a claim in the mean time, you should send the court papers to

 

smile

PO Box 600

Delf House

Skelmersdale

Lancs

WN8 6GF

 

and they'll be forwarded to our Legal Services team.

 

Thanks

______

 

Take it I jsut issue MCIL at end of the timescale?

[un1boy]

I've just sent them this:

 

Thanks for your mail. I'd like to point out that the FSA timescales do not apply in this case. You are working to the timescales I have set. If I have not heard a positive response to my letters by 09.10.2006, as per the timescales set in my letter, then I will be issuing a claim at the county court. This would have given you 28 days in total to respond to my complaint. 28 days is the statutory minimum that is required by any court.

 

Obviously, I do not want to do this and would rather settle the issue without getting the courts involved as it will cost you more.

Please do everything you can to response positively by the date mentioned in this secure message.

 

I look forward to hearing from you.

[un1boy]

NO i dont htink you would put it in the POC, you would prepare a schedule of costs should you win to ask the court to consider.

 

IF you dont get to court then you can ask for it if you feel its worthwhile.

 

JMHO

 

GLenn

 

Glenn,

 

Did you send them your costs because it went ot court, or did you not have to issue MCOL?

[un1boy]

I handed a letter in to Co-Op bank branch and asked for a receipt. They didn't know what to do or how to give me a receipt, but a lady came over and wrote on a compliments slip and signed it.

 

She asked me who Ann Walker was and I explained that I was writing a reply direct to a letter that she had written to me.

 

The receipt lady opened my letter and scanned it!!!!! After she had writtent eh receipt, she then then said to me, "Oh, I didn't get a chance to read it all" and then read it in full, whilst I was standing there!

 

Is that allowed? I thought that if you opened mail addressed to another person it's a criminal offence?

 

I thought it was soooo rude!

[gargoil]

Ill give you even money odds you will not hear anything more from them. I had a similar line of communication with them and got the same "We''ll get back to you later" excuse! They are obviously just waiting to see if you are serious enough to puit in court papers!!

[un1boy]

Hi Gargoil,

 

I know what you're saying. The reason for the reply is that IF it does go to court, at least I can say that I've been considerate and tried sorting out of court, you know?

 

I think these banks are letting them go to court now because they can get away with closing accounts if it's gone to court!!

[jimfishybob]

Is that allowed? I thought that if you opened mail addressed to another person it's a criminal offence?

 

Only once the mail has entered the postal system.

 

Although it would be polite to ask for your permission before reading business letters that aren't addressed to her.

[un1boy]

Oh really? I didn't know that, lol.

 

So if there was a letter to the company director that a customer wanted given to him and they came to the office and gave it to you, without posting it, you could read it? That's scandalous!!

 

PS thanks for clearing that up!

[Tobes]

if you wrote 'private and confidential' then they shouldn't open it or especially with 'only to be opened by addressee'

[un1boy]

Ahh, thanks Tobes - unfortunatetly I didn't do that.

 

I will i future though!

 

I thought it was sooo rude!

[jimfishybob]

So if there was a letter to the company director that a customer wanted given to him and they came to the office and gave it to you, without posting it, you could read it? That's scandalous!!

 

I would suspect in this instance you should be more in fear of the Directors' wrath than that of the legal system. He would probably want to know why you'd been opening his mail.

[caro]

I think these banks are letting them go to court now because they can get away with closing accounts if it's gone to court!!

No they can't. It is retalliatory action which is against the banking code. (I think that is the reason but I don't mind being corrected on this if someone wants to check it out). You can take out an injunction to stop them if you really want the hassle.

[un1boy]

No they can't. It is retalliatory action which is against the banking code. (I think that is the reason but I don't mind being corrected on this if someone wants to check it out). You can take out an injunction to stop them if you really want the hassle.

 

Oh right - I called the FSA and the Banking Code because Egg had threatened to close my account. They both said that if we issue court papers then they can cancel them because it becomes a "commercial decision" which both bodies allow.

 

The Banking Code woman said though that it "doesn't sit lightly" with them though!

[caro]

You might be interested in this thread, and if you search for the word "retaliatory" (if it is spelt correctly) you may find others.

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/10349-your-response-retaliatory-account.html?highlight=retaliatory

[un1boy]

Thanks Caro - I've PM'd BankFodder to ask how I get an injuction.

[caro]

Try using the search tool and put in the word injunction. There are lots of threads about this and you may get some ideas. Have you checked the egg forum to see if others have had the same threats? I don't know how easy it is to do so I think you will need to do a lot of research and think long and hard about it before taking this on. If it fails, as I believe some have then you would lose any court fees you paid out. Personally I wouldn't want to stay with an institution that was being that awkward, but that is just me.

[un1boy]

well, I sent the letter off asking for my costs and have today recevied a refund into my account for the costs amounts!!

 

I should have cahrged 6.75 per letter, but I only claimed the recorded delivery costs because they've been ok with it.

[un1boy]

Thanks Caro, to be honest I'm not gonna bother. I'll just ahve to find the cash to pay the balance then I'll send in MCOL, that way it makes no difference because I would have paid the balance off.

 

I'll update my Egg thred re this later.

[buzby]

Do bear in mind that many firms only work on documents electronically, so once scanned are then 'in the system' and ready to be processed. What you don't see behind the scenes can usually be a shock, but even if you did a Private & Confidential note on the front, it still would be treated in the same way. Also as the person who opened the letter was an employee or 'duly authorised officer' of the bank, any indignation would be wasted.

 

Me, the more people that know of my dissatisfaction, the better!

[un1boy]

Do bear in mind that many firms only work on documents electronically, so once scanned are then 'in the system' and ready to be processed. What you don't see behind the scenes can usually be a shock, but even if you did a Private & Confidential note on the front, it still would be treated in the same way. Also as the person who opened the letter was an employee or 'duly authorised officer' of the bank, any indignation would be wasted.

 

Me, the more people that know of my dissatisfaction, the better!

 

My main issue was how rude I thought it was - she could have at least waited til I'd gone.

 

The letter has been processed now and I've got my costs.

 

I'll write to them though and tell them.

[un1boy]

I know this is a stupid question, but Smile have run out of time with my LBA.

 

Should I enter MCOL, or let them deal with it? I want to keep the account open really.

[gargoil]

Think the only way you get somewhere these days is to start court action!!

[caro]

Start the court action. Have you any reason to think that you won't be able to keep your account? They have not shut any due to reclaiming charges that I know of.

[un1boy]

nice one, MCOL all paid for and issued.

 

No reason about account closure really, just don't want them to close it, that's all - I always prepare for the worst, lol.

[un1boy]

Letter from MCOL saying papers have been issued and deemed served 5 days later!!!

 

Will wait and see what comes through the post now.