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

[hunterandthehunted]

thanks itc

does anyone now about the receving statements after an account has

been terminated????????????????????????????????????????????????????

[Pinky69]

No, it is not normal to receive statements after an account has been terminated but the department that issues them probabaly don't know the account has been terminated. I told you the Co-op Bank don't know what they are doing and don't expect problems to be resolved because no one in their complaints department has even a basic grasp of consumer law, half a dozen people are involved in responding and no one knows what anyone else is doing.

[hunterandthehunted]

ok i have had another doorstep visit but i was at work. it is from a place called wm investigation services. they have left a letter stating they have been instructed to obtain from me a statement of means and will call back on the 15.9.09. should i ring them up and tell them account is in dispute and not to bother. also does cerberusalerts comments in post 29 still apply ....

Edited September 10, 2009 by hunterandthehunted

[Pinky69]

Whoever answers the door should tell them they have 30 seconds to get off your property or you will call the police. And they have no right to ask you for anything -I and E or anything else.

[hunterandthehunted]

they have a website www.investigation.co.uk

looks like they are an privite investigation service, whatever are the

co-op playing at?

[cerberusalert]

Send wm investigation services the letter in post 29 and make a complaint to Trading Standards & the OFT.

 

Consumer Direct - Contact us

[email protected]

[hunterandthehunted]

thanks cerberusalert i will do...

how do i complain to trading standards and oft

[cerberusalert]

TS = Consumer Direct - Contact us

 

OFT email = [email protected]

[hunterandthehunted]

i have added and cut it about slighty... is it ok. please feel free to spice it up some more if neccassary

 

dear sirs,

i understand i have no legal obligation to meet your requests either by mail or by door stop visits, If it is your intention to arrange a call from your 'investigation services', 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. i have also submitted a complaint to trading standards and the OFT.

 

i

 

 

Debt collection library Follow this link to our debt collection library.

This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly.

This library is work in progress and will be built up over the next few weeks.

17.03.09

 

TS = Consumer Direct - Contact us

 

OFT email = [email protected]

 

is there a template letter i could use and i just cut it about a bit?

 

or is this one better...

 

dear sirs,

after seeking legal advice i understand that i have no legal obligation to enter into any discussion or corresspondance of any kind either by mail or by door stop visits regarding the disputed co-op account mentioned in your letter, If it is your intention to arrange a call from your 'investigation services', 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.

please take this letter as notice that no further communication will be entered into by myself regarding this matter and i will also be complaining to trading standards and the OFT.

[hunterandthehunted]

i have made a complaint to trading standards regarding the doorstep visits by the investigation service hired by the co-op.

it seems that (according to my partner who opened the door) he has been hired because i keep ignoring the co-ops requests.

 

interesting... as i sent the letter in post 8 on the 18/8/09 and it was received and signed for on the 20/8/09...

well the 14 days are up!!!

Edited September 14, 2009 by hunterandthehunted

[hunterandthehunted]

my partner just took a call from mr heckter in the litigation and fraud department, he explained

that i have until the end of the week to contact them or else.

my partner said he did not have a clue he she was and was very nasty and abrubt.

just thought i would share that with you..

regards

h

[Pinky69]

That's a good one! Ignoring the Co-op's requests! The Co-op NEVER reply to anyone!

[hunterandthehunted]

hi all,

interesting turn of events, i have received a final settlement offer of 40%

of the balance. i was wondering if this was common practice from the co-op

and why would they do this?.

regards

hh

Edited October 10, 2009 by hunterandthehunted

[hunterandthehunted]

just a quick update,

i ignored their settlemant offer and am still ignoring all the messages left

on the phone from the co-ops fraud and litigation department.

 

just wondering how long this will go on for?

[cerberusalert]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

How long's a piece of string?

[hunterandthehunted]

i have received another default notice from the co-op, am i right to assume that this superceeds the other one what

i received a few months ago.

 

they still have been issuing me with a monthly statement.

[Pinky69]

They cannot send you a second DN following an account being terminated - there is no account for a DN to be issued on. The Co-op at their best - they haven't a single clue about consumer credit law.

[hunterandthehunted]

thanks pinky,

 

i reckon the second termination notice will be along shortly.

 

update

 

i received a second termination notice a few days after the second default notice. (they did not allow the 14 days again).

i have just received a monthly statement again and they have decided to start adding interest again plus a default charge late payment plus to trace fee charges. total charges = £350.00

i suspect they are proviking me to respond to their phone calls, are they allowed to add charges once the account has been terminated TWICE?.

 

had a look around the site regarding termination notices but cannot

seem to find anything concrete

 

any advice would be appreciated

 

bump please

[Pinky69]

They unlawfully rescinded the account when they sent you an unlawful DN the first time then terminated, so the alleged agreement - there is only an application form - hasn't existed since the unlawful rescission, the date of termination. So they cannot add charges to a non-existent agreement. Forget the second DN and termination - you cannot default and terminate a non-existent agreement. You have them every which way so don't worry about them. Don't worry about their threats - there is not a thing they can do about it.

[hunterandthehunted]

ok thanks pinky,

is there something i could send them perhaps or should i continue to ignore them. havent had a phone call for a while...

[Pinky69]

I would ignore them. They will eventually sell it on to a DCA then you can tell the DCA it was unlawfully rescinded by the Co-op on (date) and you will have no further contact with the DCA. They will send it on to another DCA, perhaps a third, before it disappears.

[hunterandthehunted]

I would ignore them. They will eventually sell it on to a DCA then you can tell the DCA it was unlawfully rescinded by the Co-op on (date) and you will have no further contact with the DCA. They will send it on to another DCA, perhaps a third, before it disappears.

 

 

very confident words pinky, will they not go down the court route or are

they aware of there mistakes with the default notice etc...

[Pinky69]

They won't try to go down the court route if they know they have no enforceable agreement.

[hunterandthehunted]

ok thanks for your advice pinky,

i will update when they send the next statement and shall see what charges are added...

 

i have just had a statutory demand under section268(1)(a) of the insolvency act 1986 served on me by solicitors acting for the co-op bank.

it states that i have 18 days to apply for a set aside or after 21 days i could be made bankrupt and my property and goods taken away.

is this all genuine?

[Pinky69]

Wow - that was totally unexpected - sorry. Yes, it's for real and you must act on it and apply for a set aside. This is where I cannot advise you because I know nothing about applying for set asides but I do know they are very helpful at the court. I suggest you start a new thread called "Statutory Demand" and ask how you go about getting it set aside. This is where the non- agreement and unlawful rescission come into their own.