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    • You are the OP of this thread. As I said, I doubt the OP of the original question is following this as she has more important things to worry about.   I'll ask you this:   1. have you ever been in a Magistrates' Court when a Statutory Declaration to set aside a motoring conviction was made?   2. If so did you ever see the maker quizzed or questioned  to test their honesty in connection with the SD?   3. Have you ever seen such a Declaration rejected for want of truthfulness (rather than a procedural or administrative error or mistake)?   My answers to the above would be as follows:   1. Yes on, I would estimate, at least two hundred occasions (six or seven on one day last week alone). It may be more, I've never kept a proper count.   2. No, never.   3. No, never.   Now it could be of course that I have been particularly fortuitous and that all the makers of those SDs were paragons of virtue and/or that all the Magistrates concerned were exceedingly gullible and believed everything they were told without question. On the other hand it could be that during their training the Magistrates were instructed that when hearing an SD they were simply witnessing that it had been made before them and that they were not testing its truth. I imagine they were either shown or have probably seen since a copy of this form which is completed before making an SD:   https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2014/crim-pr-form-part37-statutory-declaration-revised-feb-2014.pdf   In the "Notes for Guidance" is this:   "Under the Statutory Declarations Act 1835, the defendant’s declaration can be made before anyone who is authorised by law to hear it (e.g. a solicitor), or before any Justice of the Peace (a magistrate or District Judge (Magistrates’ Courts). The person who hears the declaration need not enquire into the truth of it. That person’s function is limited to hearing the declaration, and certifying that he or she has done so by signing it. If the declaration turns out to be untrue, the defendant making it may be punished for perjury."    The bold type is my emphasis so I think I know which of my two scenarios above is more likely. I hope this wasn't too rude or arrogant for you and  I'll leave it at that now. But I will ask you (politely) once again to please stop providing misleading information to people who have enough to worry about. It confuses them, others have to correct it and it leads to unnecessary stress for the posters.
    • Thank you for your help, just to clarify please. In the CPR 31:14  request do I just ask for 1. the agreement .....etc and delete the the items 2. to 6. as listed since these have already been sent to me by the claimant (btw the 'solicitor' is IDEM's litigation dept) or do I ask for all the documents again as they are part of the 'Particulars of the Claim'    Thank you again
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roygoodbeat

Co-Op Ex Northern Rock- Is this enforcable?

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I have been following this forum for a while and sent the co-op a section 77-78 request for my credit agreement. This is what they have returned.

 

Is this enforcable? If not, what should my reply be?

 

Sorry, I thought that I could place an attachment but cannit. Does anyone know a site I can upload documents to for viewing?

Edited by roygoodbeat

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Guest Old_andrew2018

Yes use photobucket it is easy to set up

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subscribing as i'm looking into obtaining my cca from 2001 too. which address did you write to to request it? C

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Hi

 

I wrote to Co-Operative Bank, 4th Floor, Miller Street, Manchester. M60 0AL.

 

Send it recorded.

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If that is all they have sent, then in my opinion, it is unenforceable. Notwithstanding the legibility issue, there are no prescribed terms present. Send them a letter along the lines of:

 

The Co-operative Bank

(address)

Account: xxxx xxxx xxxx xxxx

ACCOUNT IN DISPUTE

Dear Sir/Madam,

 

I wrote to you recently requesting a true copy of any alleged signed, executed credit agreement in relation to the above account.

I note your response to this request in your reply received on the xxx. Thus far I have only received a poor copy of an “Application Form”therefore my request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any properly executed and legally enforceable credit agreement that may or may not have been signed by me on the opening of this account. An application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

In addition, the document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60 (1) Consumer Credit Act 1974, The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. I have not written them here for you as I am sure you are well aware of them, suffice to say none of these terms are present in the document.

I specifically would like to draw your attention to the following extract from the Consumer Credit Act 1974:

S127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor.

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

In addition, you have not provided all the documentation required to comply with my s.78 CCA request and whilst in default you cannot enforce the account lawfully. The agreement on its own is not enough as you should be aware, if the executed agreement contains any reference to any other document, you are obliged to send me a copy of that document, namely the Terms and Conditions referred to on the “Application Form”.

May I remind you that whilst this account remains in dispute for the reasons outlined above, you may not, while the default continues, enforce the agreement, nor:

 

1) You may not demand any payment on the account, nor am I obliged to offer any payment to you.

2) You may not add further interest or any charges to the account.

3) You may not pass the account to a third party.

4) You may not register any information in respect of the account with any credit reference agency. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent (given in the form of a signed credit agreement) will be met with a complaint to the Information Commissioners Office.

 

Should you not be in possession of a correctly executed, legally binding agreement, as outlined above, may I respectfully suggest that the balance on this account be returned to zero, and any liability discharged, and any entries which refer to missing payments be removed from Credit Reference Agencies to whom you report.

I trust this outlines the situation and explains why your reply was unacceptable.

Yours sincerely,

roygoodbeat

 

amend to suit, best of luck. In my experience they will pass this to Pheonix, then Fredrickson, then they will realise they havent got a cat in hells chance, and it will all go quiet.

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Agree with Griffin - it's an application form, pure & simple. It even states that it is, along the top!


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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The address I have been using is balloon st, Manchester.

 

I have been requesting a copy of my CCA from Co-op (ex N/R) for months now, 3 times they have sent me a copy of the application.

I have now threatened them with Court and FOS.

 

Today out of the blue, no mention of CCA or anything else, just stating that I was one of the lucky ones chosen if I can come up with £3100 within 15 days they will slash my balance by 50% and that will be the CC settled and closed.

 

I don't have £3100 but do you think this is a conincidence or are they genuinly offering to cut customers balances????????????

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Sent them the letter. Their response. They got fredricks to write to threanten court action. Letter stated that they would apply charges and court costs.

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Response as predicted, this will suffice:

 

Complaints Department,

Fredrickson International Ltd,

PO Box 260,

Weybridge,

 

Surrey, KT13 0YH

 

Your Ref: xxxxxx Account Number : xxxxxx

FORMAL COMPLAINT ACCOUNT IN DISPUTE

Dear Sir/Madam,

Complaint against Fredrickson International for pursuing an alleged debt in dispute, in breach of the Consumer Credit Act 1974, The Data Protection Act 1998, the CPUTR 2008 and OFT Guidelines.

I note the contents of your letter dated XXX and received by myself on the XXX.

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with The co-operative Bank and has been since XXX following The co-operative Banks failure to provide me with a copy of the original Credit Card Agreement relating to the account that satisfies the provisions of The Consumer Credit Act 1974

 

Not only is this in breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974, the Data Protection Act 1998 and the CPUTR 2008.

 

As The co-operative Bank are now in default of my Consumer Credit Act request, OFT Collection Guidelines have been breached, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to The co-operative Bank for resolution of these defaults and breaches, as Fredrickson International cannot lawfully pursue any enforcement activities.

 

If Fredrickson International chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Services and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter and I look forward to hearing from you in writing.

 

Yours faithfully,

roygoodbeat

Cc: The Office of Fair Trading,

Credit Licence Fitness Department,

Room 1 C/5,

Fleetbank House,

2 – 6 Salisbury Square,

London,

EC4 8JX

 

 

 

 

 

 

 

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I have a Co-Op loan that has been running for a few years. I applied for a top up last year and they issued a new loan, consolidating the old one. I received a copy of my Loan agreements. It would appear the original one was unenforceable as it had defects on it. They have replaced this with an enforceable one.

 

I am sure there is nothing I can do on this. Am I correct??

 

Secondly, I had an old loan with the Co-op which I repaid. At the time I was told I had to take the insurance as it was part of the agreement. At one point I wanted to cancel this part of the loan , but they said no. Since paid it off. Again, I assume there is nothing I can do about this as it was paid off about 3/ 4 years ago.

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No to the first

 

The second you need to get the T&C's of the PPI and check to see if it would actually have paid out if you had required it, then you may have a case

 

you can get the info by sending the coop a sar for the old account, they have to by law keep all records for 6 years


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Received A Letter Today Stating That In Accordance With The Cca 1974 They Have Provided All They Need To (application Form), And That They Will Continue To Rely On This Documentation, And That If They Do Not Receive Paynment They Will Refer This To Debt Recovery.

 

Any Advice Greatly Appreciated!!!!!!!!!!!!!

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We had a co-op (ex northern rock) credit card. When we applied for the CCA they told us they didn't have it but the fact that we'd reclaimed unfair charges was enough for them to pursue the case and proved that an agreement was in place. We pointed out that the reason for requesting the CCA was to make sure it complied with all terms and conditions. The balance was just over £8k. That was 2 years ago and we've not heard anything more from them and the entry on our credit file has been totally removed. - - - Moral of the story - - - -Stick to your guns!!!

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nice one sar!

 

Mine is around 8 yrs old approx , will see if they do the same with mine!

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Ours was 8-9 years old. From what i can work out no paperwork was transferred to co-op from NR and it all depends on whether NR have kept details or can be bothered to look for them!

Good luck with yours!!

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LOOKING FOR SOME HELP OUT THERE, (THE SAGA CONTINUES).

GOT ANOTHER LETTER TODAY FROM CO-OP REGARDING MY N/R CC, THEY ARE SAYING THAT WHAT THEY HAVE SUPPLIED HAS MET THE REQUIREMENTS OF THE CCA 1974 AND ATTACHED A SET OF TERMS AND CONDITIONS.

 

i AM LOOKING AT THE APPLICATION FORM AGAIN AND THERE IS NO % RATE, NO SIGNATURE FROM N/R, NO MONTHLY AMOUNTS ETC.

 

ANY IDEAS TO NEXT STEP!!!!!!!!!

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Hi Pinky - ask them for the entire document, there is a reverse to your page. They have just sent me one although I am unsure if it is actually the reverse. I am going to request the true copy in its entirety under CPR. Better that you make sure they don't have everything before it gets rough.

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Hi Everyone, Just signed up last week, i have sent off for my CCA ex Northern Rock Card. i will update when get a response.

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I got some internet t&c's printed off with the year 2000 (my application date) scribbled on in pencil. Like I am going to believe that!!

 

They have also sent a letter saying they will not communicate any further on this subject. I bet if I sent a letter saying I want to pay the alleged balance off in full they would communicate.

 

Dumb asses

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Roy

 

I am in v similiar situation NOW as you were in August.

 

Can i ask what happened with your dispute with co-op

 

[see my thread BAB V CO-OP]

 

BAB

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