Co-Op Ex Northern Rock- Is this enforceable?

[roygoodbeat]

Update. After passing the account to a debt collection agency, the debt collection agency has come back and said that the application form is the creidt agreement. They have stated that once the application form is signed, it becomes the credit agreement. Does not sound right. Anyone had any experience with this or could re lokk at the scan I have of the agreement?

[roygoodbeat]

Update. After passing the account to a debt collection agency, the debt collection agency has come back and said that the application form is the creidt agreement. They have stated that once the application form is signed, it becomes the credit agreement. Does not sound right. Anyone had any experience with this or could re lokk at the scan I have of the agreement?

 

Now had a demand from yet another debt collection agent.Any advice?

[roygoodbeat]

I have only received an illegible copy of my first loan with them. I know I wasforcedtotake PPI with them, but I cannot read the amount. I have asked on a number of occassions for a clear copy and a copy of the PPI insurance policy. To date, I still have not received this. I originally made this request on the 27th April. They did not process thiswithin the 40 days. Even the Information Commissioner found them guilty of breaking this rule.

 

Any advice what to do next?

[stitchedup]

The Coop are full of it, they also insisted that we took out PPI on a loan. After a battle it ended up with the FOS who found in my favour. Coop stod by their original take on events but as a gesture of goodwill have agreed to refund the premium plus interest at 8 %

[roygoodbeat]

I am going to put in a claim for the ppi, even though the old loan was taken out in 2001 and closed in 2004. At the time they insisted that I had to take the ppi and I could not cancel it. Ihave been waiting since the 27th April for a copy that I can read, the amount I paid and a copy of the insurance policy. I have written a number of occasions since but stillno reply.

[roygoodbeat]

They have now passed this onto another agent, stating that once an application is signed, it becomes my cca. They have also stated that this is enforceable.

[ltc1607]

Hi everyone I have a NR cc that was transfered to the co-op and I was told it was not enforceable by a solicitor who was acting for a claims co now I have just heard that they have sent terms and conditions that were on the back of the form I signed.It says on my paperwork rerms and conditions on the reverse but how do I know that what they sent was on the reverse as the cca I got looks like a screen print.Does anybody know how I can obtain a proper copy of the original as I am sure they dont have it.The solicitor has backed out saying that as they have sent terms and conditions they were probebly on the back but they couldnt copy them properly,yer right.anybody any ideas.

[roygoodbeat]

Same with myself. They have sent T&C's on what would have been on the reverse. They will not confirm one way or another if they have the original document to back this up.

 

I am still waiting for them to take action so that I can then go through the court process. That's when they will have to declare if they have it or not. The alterative is to make an offer to inspect the original document at one of there offices. They probally won't respond but at lease it adds to your case.

 

When was your agreement taken out?

[ltc1607]

Hi mine was taken out in 2000 have you had a faulty DN and termination?

[ltc1607]

I just asked my solicitor if the lender needs to have a copy of the original agreement to take me to court he said no all they need is a copy.

[roygoodbeat]

I went into arrears with my loan repayments. On checking the loan agreement, I have seen that this is a fully legal document and complies with the consumer Credit Act. This was taken out in 2008 and replaced another loan with them. (The documents on this did not comply with the Act).

 

I have made arrangements to pay a small amount every month.

 

I have however, found my default notice from June last year. The date of the letter is 09th June 2009. It states the correct amount of arrears but the date in order to rectify this is exactly 14 days later, 23rd June 2009.

 

Am I correct in saying that this default notice, which complies with all other requirements is in fact faulty? They then terminated the account. Am I only legally liable for the arrears at the time?

 

If so, what is your advice and what should I write.

[citizenB]

If only 14 days have been allowed from date of Default Notice to remedy of breach then you have not been given sufficient time as no allowance for posting has been factored in.

 

You are entitled to 14 clear days.

 

postal times are

 

1st class = 2 business days

2nd class - 4 business days (this inlcudes UK mail and TNT type mail services)

 

Check the date of the DN. If it was a Friday, then you should have been allowed an extra 2 days for the weekend.

[roygoodbeat]

The 9th June was a Wednesday. This is the date of the default notice. It was exactly 14 days from this date.

[citizenB]

Then you havent been given sufficient time. However, if you made any payments after that date, then it could be argued that you remedied the breach and they will be at liberty to issue a further Default Notice. In fact they could possibly do that anyway right up until such times as they either terminate the account or issue a claim. If they were to terminate the account without having issued a valid Default Notice then there is every chance it would be worth pointing out that something was wrong

[roygoodbeat]

I received a termination notice after the default notice was issued. I wrote to them advising them that I would make payments of £25 per month, however, they passed this onto a debt collection agent after I started doing this. It is with the debt collection agent that the payments have been agreed with.

[citizenB]

IMHO, I dont think you will get much mileage out of the Default Notice. The agreement is almost certainly bound to be accurate if it was entered into in 2008. Unless there is an issue with say Payment protection Insurance which could have been mis sold.

[roygoodbeat]

Just a bit of advice. I have an Ex Northern Rock CC, now with Co-Op credit card. Fell into hard times last year, went into arrears. I now want to sort some things out and establish where I am.

 

I did the subject access request and section 77/78 request. This is a copy of my credit agreement, which I am told does not comply to the regs:

 

http://i663.photobucket.com/albums/uu351/roygoodbeat/COPNORTHERNROCK.jpg

 

I also had a default and termination notice last year.

 

The default notice was dated Saturday 8th August 2009. The arrears amount was correct but the date that the arrears needed to be paid by was Saturday 22nd August 2009. I also received a termination notice which was dated Saturday 22nd August 2009.

 

I am I correct in saying that the default notice is also faulty?

 

I want to write to the debt collection agency that have been writing to me. What should I write, if anything?

[roygoodbeat]

Just had a letter from the debt collection agency. Usual letter threatening action. Has anyone had a chance to look at this thread or can advise?

[dx100uk]

pers i'd ignore them

 

the agreement is not an agreement, its an application form

the default notice is invalid as it does not give a clear 14 days since reciept [i bet] and i bet the figure on the dn is wrong as well because i bet you have unlawful charges [like over limit/late payment fees] inc in the figure it quotes

 

they have also terminated before the exp of the [invalid] default notice so's could only EVER get the ARREARS even if it did go to court.

 

dx

[roygoodbeat]

If I am only liable for the arrears, I understand that this is less unlawful charges and unlawful termination. Can I also claim against breach of my subject access request and breach of my section 78 request.

 

Should I write or wait until (If they do) take this to court. Would like to try and settle this.

[dx100uk]

no idea on the last bit

but pers i'd wait.

if they go to court they'll only get the arrears

then once that is done

reclaim ALL the unlawful charges

you could do it the otherway around,

but, i'd wait and see if it gets near a court

 

which i VERY much doubt.

 

dx

[roygoodbeat]

Do I reclaim the charges if it goes to court or after? I also understand that I can claim for unlawful termination?

[dx100uk]

no idea on the last bit

but pers, i'd not reclaim charges before court [if that happens]

 

if you do it now, then p'haps all that will happen is they are off-set against whatever is claimed that you owe.

if you do it after court

then atleast you will see the balance go down and poss get some in your pocket too.

 

any idea of what they claim to be the arrears and what your claim might be.

 

dx

Edited September 3, 2010 by dx100uk

[ltc1607]

Hi same situation as you with co-op hace DN giving just 14 days and termination dated the day of issue for the DN I am just waiting to see what happens

[roygoodbeat]

I will sit tight on this and see how it progresses.

 

I have checked through the T&C's that they have sent.

 

1) Co-Operative Bank- Contains hardly any of the prescribed terms

2) Northern Rock- An internet print out. The card was originally tied to the Northern Rock together mortgage so these are not relevant to the account I had.