Co-op credit card/Bryan Carter

[grp40]

I have had a co op credit card account for over ten years, I did have an agreement with fredrickson international but stopped paying this a couple of months ago. Recently recieved a letter from Bryan Carter threatening court action.

I am going to send a CCA request and SAR to Co Op, should I reply to Bryan Carter letter?

[rev.ian]

I would send the CCA to Carter as its then up to him to pass it on and one would hope he will stop collection activities on the account until they come up with something they will try and call a credit agreement. Send it to Carter recorded delivery, as he is well known for being selective on what post he receives. The SAR to the Co-op.

[grp40]

Thanks rev.ian CCA request sent to bryan carter today

[grp40]

Just to update, recieved letter from Bryan Carter on the 1st oct stating they had placed account on hold and they had referred the matter to their client.

Recieved another letter today with a copy of my original application form enclosed, I will post it shortly and would appreciate if someone could advise me if it is an enforceable credit agreement

[grp40]

[grp40]

[rev.ian]

It does say the terms and conditions are on the reverse, without seeing the reveres of the application you are unable to tell if it is enforceable.

As it stands I would say they have not produced an executed credit agreement.

I have read the Terms and Conditions (on the reverse and the customer copy)

I wonder if this has been added by someone in haste, should it not read reverse of the customer copy.

[grp40]

Thanks Rev Ian, you could be right as "on the reverse and customer copy" does not really make sense.

There is certainly not an interest rate or repayment details within the body of the agreement which I understand is a requirement for an enforceable agreement.

[grp40]

I think I will send this letter to Bryan Carter and the coop, if someone could advise me if this is a suitable reply it would be appreciated

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Re Account: XXXX XXXX XXXX XXXX

 

Thank you for your letter of the xxx, in reply to my statutory request for information pursuant to s.78 of the Consumer Credit Act.

However, your response does not fulfil your requirements under the Act, in that the document purporting to be the signed " Credit Agreement", (which is actually only a card request form), does not appear to contain any of the prescribed terms required under the Act to render this document properly executed or enforceable.

 

 

To clarify, regarding the inclusion of prescribed terms in the Agreement:

The prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:

 

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

These prescribed terms must be contained within the four corners of the agreement, and as such cannot be found in another document. In addition, if the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document, this would include a copy of the terms and conditions referred to in the second page of the document you sent.

As you have failed to provide an Agreement which fulfils the terms of the Act, you, The Co-operative Bank Plc are in default of my lawfull request concerning this account, as such the following applies:

 

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

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

You may not pass the account to a third party.

You may not register any information in respect of the account with any credit reference agency.

You may not issue a default notice related to the account.

 

Clearly this is a situation as described in S.78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (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 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.

 

May I respectfully suggest that in the obvious absence of a legally binding agreement as outlined above, that the balance on this account be returned to zero, and all liabilities discharged. In addition, any entries which refer to missing payments be removed from Credit Reference Agencies to whom you report.

 

Yours faithfully,

 

 

 

 

[MVM]

I have had a Cooperative card for 8 years, due to the recession fell into arrears with it, Bryan Carter has just issued proceedings against me for about £12k, Co-operative sent me a copy of my CCA last month, but looking at it dated in 2001, the terms they enclose with it are clearly dated April 2008. There doesnt appear to be reference to the terms where i signed (it was a pre populated application form they sent to me) do you think this is enforcable & worth defending or just admitting & offering £1.00 per month?

[grp40]

I have had a Cooperative card for 8 years, due to the recession fell into arrears with it, Bryan Carter has just issued proceedings against me for about £12k, Co-operative sent me a copy of my CCA last month, but looking at it dated in 2001, the terms they enclose with it are clearly dated April 2008. There doesnt appear to be reference to the terms where i signed (it was a pre populated application form they sent to me) do you think this is enforcable & worth defending or just admitting & offering £1.00 per month?

 

Well I am no expert, I have browsed the forums and had some help from some people on here, I would suggest opening a thread, posting a copy of what they have sent with all your personal details blanked out and take it from there

[willtheywontthey]

subbing but perhaps worth posting on debt collectors area as this Cooperative area is very quiet?

[HOWLER]

subbing with interest

[grp40]

Just to update, recieved a reply to my account in dispute letter on the 1st Dec 2009 from Bryan Carter

 

"Thank you for your letter.

 

We confirm that our client's position is that the agreement will be enforceable in Court and we therefore look forward to hearing from you with your payment proposals."

 

I have not replied to this letter to date and have recieved no further correspondence from either the Co-operative bank or from Bryan Carter solicitors