Longwaydown vs Co-op credit card

[IainHL]

Hello there Longwaydown. I have my own dispute with the Co-op ongoing at the moment (I will get round to posting a thread about it soon!). A somewhat illegible set of Terms and Conditions that I presume were supposed to have been on the back of the Application Form/Credit Agreement. While the account was in dispute they sent me a non-compliant default notice and then terminated the account 4 days later!

 

I too suffered the plethora of telephone calls until they actioned my "remove my number from your system" request. Then they started again! When I challenged this they explained they had run an update from a (presumably BT) directory service of some sort.

 

They have sent mine on to a DCA called Red in Worthing, and their pet in-house solicitor Resolution Legal Services, who have threatened me with a Statutory Demand and Bankruptcy Proceedings. I have just yesterday sent a strongly worded letter to the solicitor telling them that if they did so I would apply to have it set aside, detailing all that the Co-op have done wrong, and pointing out that there is unlawful recission of contract to take into account, and that if they do start legal action I will counterclaim for harassment for the excessive quantity of telephone calls.

 

So please be assured, you're not alone in this!

 

As to your letter I personally would re-word that last but one paragraph as follows:

I therefore require you to zero the balance of the account, close the account, agree not to persue the alleged debt, remove all data relating to this account from your records and systems, and remove all data relating to this account from any and all credit reference agencies where you have registered information.

[Longwaydown]

OK, had a reply from their Customer Feedback Consultant saying:

 

"I note that you have previously referred your complaint to the FOS. The FOS provided us with a copy of their decision letter dated 18 August 2009, where it stated that they were unable to recommend your complaint be upheld.

 

As we do not consider your account to be in legal dispute, we shall be continuing with our usual procedures to collect the outstanding balance.

 

Should you have any queries please contact our Debt Management Dept ..."

 

So, I'm just about to reply with this:

 

I refer to your letter of 2nd November , the contents of which I note.

 

I am aware of the FOS’s position as set out in their letter, but as they are only the opinions of the FOS, they do not alter that fact that, legally, the account is in dispute and will remain in dispute until such time as you supply me with a true copy of the credit agreement as required by s.77/78 of the Consumer Credit Act 1974.

The FOS also stated that it would be for a court to decide whether a debt is ultimately legally enforceable in the absence of an agreement.

 

Is this a good idea? I'm waiting for the results of my SAR - the 40 days are up on 7th December - am I best to wait for this?

 

Cheers

Edited November 18, 2009 by Longwaydown

[Longwaydown]

Now Fredericksons are on the case - keep calling me at work and when I answered the phone at home tonight, the guy just used my first name and then got arsey with me when I wouldn't go through the security process.

 

Whilst he said he needed security questions answered to go any further he still discussed letters and conversations before advising me he was listing this call as me failing to co-operate.

 

I had a letter from them set out as a letter before action which made it look like there were court costs and solicitors fees already in place. Quite clever, I thought. I've sent them a letter today including a copy of the letter from the Co-op saying they can't provide a copy of the agreement, so hopefully, that will send them packing.

 

40 days are up on Monday for the SAR, so once I've seen what they've really got, I can defend a bit more robustly.

[IainHL]

Interesting developments there Longwaydown. If it goes the same way as mine, which is with Gothia (Red Castle Recoveries/Resolution Legal Services), and another thread I have seen where Fredrickson's are involved, you will get a nice letter saying their action is on hold while they investigate. Hopefully they will do a better job than Gothia did for me (see http://www.consumeractiongroup.co.uk/forum/show-post/post-2623874.html).

 

I note you say the 40 days for their response to a SAR is up soon. Have they even acknowledged receipt of your SAR? I just sent them one at the beginning of last week.

[Longwaydown]

Hi Iain, The 40 days is up on Monday, although reading through various posts, I don't think that means much! If they fail to provide the info within 40 days, it seems I could complain to the information commissioner, which I think I'll do just to make a trail.

 

I've not had an acknowledgement from the Co-Op, although it was recorded delivery and they received it on 30th October. Even allowing 40 days from the day they received it, I would hope to see something next week (I won't hold my breath though!).

 

Once I get the SAR back, I'll be able to see if they hold anything on me that could constitute an agreement as it is my understanding that they cannot produce anything in court that is not in the SAR. If Fredericksons get funny, I'll have a more concrete base to defend from, so fingers crossed!

[Longwaydown]

SAR arrived today with a list of their notes, statements and a copy of their current T & C's - no agreement!

 

Also received a letter from Fredricksons saying they have referred the matter to their client and have put the account on hold.

 

The only thing that concerns me now is the FOS decision on my complaint - does this hold any sway with the courts?

[Longwaydown]

Well, Fredrickson gave up the chase and wrote to me in May saying they were no longer instructed, so all good there.

 

Last week, I started getting calls from EQL and finally a letter Friday from Equidebt threatening to doorstep me - I didn't think they could do this?

 

Anyway, the telephone harrassment letter and my copy of the letter from Co-Op saying they haven't got an agreement will be in the post tomorrow.

 

Anyone had any dealings with Equidebt? If so, do they have teeth?

[IainHL]

Lonwaydown, although a bit of a hypothetical answer, none of the DCAs would have any teeth in the light of a letter from the Co-op stating they don't have the agreement.

 

The problem for you is how much of a pita they make themselves while you chase them off with that letter. And how many more DCAs you have to go through before 6 years elapses, the Co-op actually agree to a write off/short settlement, or (least likely) the Co-op actually take you to court.

[lexis200]

Hi longwaydown

 

I've been at the co-op since mid-08 and they are still prattling on. I've been sent several illegible application forms that have no pt's on them. I also have a letter stating they can't find the agreement, but have sent the application form, and again like you, I had a termination followed by a DN followed by a termination.

 

They are just complete bankers.

 

Writing to the CEO (twice) did nothing. Pulling them up on blatant lying regarding default regs did nothing. They are unbelievably arrogant and to my mind are possibly the worst of the lot as their slogan likes to suggest they are a new-age touchy feely institution.

 

As I always say with the co-op - ethical bank my bum.

[SURFBOY]

I totlay agree with you lexis200, of all the banks and financial companys i have had to deal with i think Co-op are the worst. They are not even "goood with fod"!!!!

[lexis200]

hehe, that advert always makes me shout 'IT'S FOOD!!!' at the telly:D

[HOWLER]

subbin

going thru the same old with same old.