co-op v hunterandthehunted. - STATUTORY DEMAND RECEIVED **SETTLED **

[hunterandthehunted]

dear all,

 

i have been so busy with my ongoing battles with 3 seperate lloyds accounts that i haven't really had the time to post anything regarding my co-op dispute. however i sense something is going to happen sooner rather than later with this one, so i would be grateful for some advice to fend them off.

 

they sent me a default notice in september 25th 2007 for the balance of £4200 and it also stated that the arrears where £2915 for which i had to pay by october 9th 2007 otherwise... (the usual threats) action will be taken.

 

i received a threatning letter on the 9th november by incasso solicitors saying all the usual and in december 2007 i agreed a monthly payment of £44.00 with them for the term of one year and in return they stopped all interst and late payment fees etc...

 

in december 2008 they wanted mor money on which i said i cannot afford and after a fashion they accepted £44.00 for 6 months.

 

anyway in march 2009 i sent them a cca request and after the required time had elasped for them to provide one i decided not to pay them anything.

i think they probably rang me everyday for a couple of months but after about a week i just got someone to say i wasnt in. a cca turned up in june but it is very hard to read and i dont know if all the prescribed items are there etc...

 

i sent them an account in dispute letter on which they ignored. i sent them another dispute letter and they sent me a letter stating that they have provided a true copy of the agreement and they will rely upon this.

 

on the 22nd july 09 i received another default notice for £3600 for which the arrears were £260.

i had to pay the arrears by the 5th august 2009 before all the usual threats applied including terminating the agreement.

4 days later i received the termination notice dated the 26th july 2009.

 

i got a bit panicky at this point and sent another account in dispute letter and i got a reply back on the 6th august 2009 saying sorry i had cause to complain etc.. and they would be investigating.

 

however today i received a letter by recorded mail dated the 7th august 2009 stating that they will be seeking a statutory demand and petioning the courts to make me bankrupt. my concern is obviously, can they do this?.

 

i will be posting all the relevent documents up in about an hours time and any advice would be very grateful. this is the 4th dispute i am currently involved in and it is becoming very stressful indeed.

 

thanks

Edited January 20, 2010 by hunterandthehunted

[cerberusalert]

on the 22nd july 09 i received another default notice for £3600 for which the arrears were £260. i had to pay the arrears by the 5th august 2009 before all the usual threats applied including terminating the agreement. 4 days later i received the termination notice dated the 26th july 2009.

They didn't allow you the prescribed 14 days to remedy from receipt of the notice. They unlawfully rescinded the agreement prior to the time allowed for remedy.

[Pinky69]

The Co-op haven't a clue about Default Notices and they are not learning anything, which is good for us.

[hunterandthehunted]

 

 

 

 

 

 

deleted

 

 

 

 

[cerberusalert]

The CCA doesn't contain the prescribed terms; credit limit, repayment terms, %APR etc so is unenforceable.

 

Send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

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. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

 

You can ignore the DN from 2007 as it has been superseded by the last one which is defective anyway for the reasons I explained in post #2. The CCA they have provided is unenforceable too so in a word they're well and truly stuffed.

[PGH7447]

nice threats of a stat demand and bankruptcy etc costing several thousands of pounds in fees, grounds for a complaint methinks

[lilly white]

high h,

 

Do not be worry about the ,SD WE WILL DEAL WITH THAT. i do not think they will go that way.

 

 

Regards Lilly

[hunterandthehunted]

Send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

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. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

 

great letter,

i will send them this. should i also add in that they recinded the agreement by not giving me time to remedy between the default notice and the termination notice.

 

high h,

 

Do not be worry about the ,SD WE WILL DEAL WITH THAT. i do not think they will go that way.

 

 

Regards Lilly

 

thanks lilly,

very supportive as ever, its much appreciated:D

[cerberusalert]

great letter,

i will send them this. should i also add in that they recinded the agreement by not giving me time to remedy between the default notice and the termination notice.

 

No leave that little gem as the final nail in their coffin.

[hunterandthehunted]

nice threats of a stat demand and bankruptcy etc costing several thousands of pounds in fees, grounds for a complaint methinks

 

who should i complain to and is there a template letter... thanks

 

No leave that little gem as the final nail in their coffin.

 

gotcha, thanks

 

should i address the letter to the name on my latest letter which was the

staturory demand?

[Pinky69]

I have had a lot of dealings with the Co-op and they don't know their bums from their elbows. Threatening an SD with no agreement and a rescission - one for the OFT. That is par for the course for them and even if you told them in 6ft high letters what was wrong, they still wouldn't understand it.

[cerberusalert]

gotcha, thanks

 

should i address the letter to the name on my latest letter which was the

staturory demand?

 

Yes.

[hunterandthehunted]

thanks everybody for all your comments. i will get cerberusalert letter

in the post by recorded mail tomorrow morning and update when they

respond...

thanks

[hunterandthehunted]

hi all,

just a quick update,

i have received no response from the letter i sent but i had a home visit from someone from or on behalf of the co-op.

my partner answered and said i was not in and he will be back tomorrow. pretty obvious what they want but my question

is, do i have to speak to him or just say account in dispute or something on those lines..

is this normal procedure from the co-op?

 

regards

h

Edited September 4, 2009 by hunterandthehunted

[cerberusalert]

Send them this and print off a copy to give to the muppet if he/she/it calls again.

 

If it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

[hunterandthehunted]

thanks for that.

so with that i take it i dont have to speak with them?

regards

h

[cerberusalert]

Only to say 'Have a nice journey' or words to that affect.

[Pinky69]

I wouldn't be so polite !

[hunterandthehunted]

thanks guys

[lilly white]

sue them

[hunterandthehunted]

he has not been been back as yet so moving on....

i am still receiving my monthly statements as per normal even though

a termination notice has been received. is this normal?...

 

thanks

Edited September 9, 2009 by hunterandthehunted

[ltc1607]

subb having same problems with the co-op and we are both at the same stage if you read my thread I will update you with anything I get

[hunterandthehunted]

subb having same problems with the co-op and we are both at the same stage if you read my thread I will update you with anything I get

 

thanks we can help each other, i cannot find your thread though...

could you send me a link.

[ltc1607]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/202560-help-dn-please.html

[ltc1607]

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/179515-help-please-what-next.html