Smile Loan - invalid DN & termination?

[mkb]

Hiya MKB,

 

Carry on fighting for the PPI and I would inform the FOS that they have terminated the account before issuing a Default Notice.

 

Send The FOS copies of all the docs you have posted here and state that under the circumstances any PPI refund is due to you and not the Co-op.

 

OK will do.

 

Well Done Oh and can I walk in your shoes lol

 

Of course you can xx

 

Regards

 

PF

 

Thank you.

[mkb]

Chuckle of the day I think

 

Got a red, hand-written envelope today with a card inside. Nooo, not a late Xmas card but a good attempt at looking like one! Shame they still have the a/c in my maiden name cos it gives the game away before I have to open it

 

Anyway, here it is in all its glory!!

 

So, if they turn up, I will take great pleasure in telling them to go forth & multiply (not very ladylike I know but very satisfying ).

 

[mkb]

Just re-read the card & noticed the bit about additional costs. They're not allowed to add costs are they since the a/c has been terminated, albeit unlawfully?

Edited January 8, 2010 by mkb

[citizenB]

Just re-read the card & noticed the bit about additional costs. They're not allowed to add costs are they since the a/c has been terminated, albeit unlawfully?

 

 

Nope, not unless it is expressly provided for in the original agreement:D

 

I would drop Power2Contact a shortish note saying..

 

This account is in dispute and is currently being investigated by the Financial Ombudsman.

 

Your communication is also in breach of OFT guidelines.

 

Your comments for passing on to the OFT are welcomed.

 

Yours etc..

[mkb]

Thanks CB. The card however, came from Co-op & as yet, have had no comms from P2C so I will do nothing unless/until I hear from them.

 

Am also guessing that the a/c has not been sold to P2C since co-op have not told me that it is by way of a notice of assignment so if P2C claim that they have bought it, I will enjoy writing to them

[citizenB]

sorry mkb.. that's what happens when you speed read.

 

Power2Contact are cowards.. the first sign of a report to the OFT they back off:D

 

And... as this is with the FOS, then the Co-op should NOT be messing around like that !

[pompeyfaith]

I am absolutly amazed how a company as big as the co-op still get it wrong oh and the card u had treat it with a bit of salt no one will call at your home i have had a few of those and nothing cane of it except a phone call which usually comes a day or two later and if they do just quote Fos ref number

[diddydicky]

Thanks CB. The card however, came from Co-op & as yet, have had no comms from P2C so I will do nothing unless/until I hear from them.

 

Am also guessing that the a/c has not been sold to P2C since co-op have not told me that it is by way of a notice of assignment so if P2C claim that they have bought it, I will enjoy writing to them

 

i would be inclined to add to the letter:_

 

on no account whatsoever will i discuss this matter with personal callers, make any payment of any kind or even confirm my identity, therefore if you wish to waste your resources sending people on wild goose chases the costs will be for your account

 

 

 

(this can be shown to a court at a later date to remove any added chagres since you made it clear there would be no point in their visits)

[diddydicky]

ive just received my second termination from the co-op

 

long live the co op i say!!

[pompeyfaith]

long live the co op i say!!

 

Indeed as I want paying first lol

 

PF

[mkb]

FOS letter today says co-op will settle PPI complaint!

 

What then should happen given the farce that they have made of all this?

 

Not paid since July 09 so a/c technically in arrears (if it still exists) but the settlement should be bigger than the arrears but how do I get the extra portion cos all I can see happening is that co-op will refund themselves & will chase me for the reduced balance even tho they unlawfully rescinded the agreement.

 

Oh, I am sooooo confused

[citizenB]

The Co-op should write to you and say and give you a breakdown of their plans to refund. You will almost be asked to agree to whatever evil plans they have for your dosh.

 

I imagine if there is a balance due to them, they will repay that first and then send you a cheque for the balance.

 

I am not sure whether Pompeyfaith has been paid out yet ?

[mkb]

I really don't know whether to laugh or cry at the total incompetence of co-op bank

 

So an a/c unlawfully rescinded back on 17/11/08 despite no DN which then follows, dated 1st Dec for remedy by 15th.

 

Acceptance of unlawful rescission posted 30/11/08

 

Next is 'we've asked power 2 contact to contact you' postcard - ignored.

 

Today brings .......................another TN!!!!!!

 

Absolutely priceless

 

The FOS have found in my favour re PPI complaint which, when refunded to the a/c, will clear the arrears so I think it may be fun after cos I would actually have a perverse pleasure if they decide to take any further action against me to enforce the a/c - maybe that proves that I'm a complete nutter but it also says that once empowered with the correct legal knowledge, there is no reason to be bullied by huge corporations into parting with our cash when they have lost their entitlement to it by virtue of their non-compliance with consumer law & customers rights.

 

CAG - you rock! :D:D:D

[diddydicky]

similar me

 

the application for strike out of the claim- if it comes will be VERY simple

 

 

if they issue a claim- make sure you file an embarrased defence then a CPR31.14 and then write to them offering them the opporuntity to withdraw without costs

 

if the fail THEN make the application to strike out

 

the filing of the defence (albeit a holding defence) will fillet their donkey in respect of trying to issue fresh proceedings IMO

[mkb]

Despite being emailed the 'you have no right to be on my property' letter, P2C turned up!

 

They then proceeded to tell my OH that he was here to facilitate a phone call between myself & Co-op bank!

 

OH called me to the door where the C2P guy repeated all of the above. I told him that I refuse to speak with Co-op but if he would like to ask co-op to send me something meaningful instead of the drivel I've had so far then I might deem it worthy of a response. Oh & BTW, tell them to oblige with the FOS recommendations re PPI.

 

His response to that was they have only 2 options to report: either agree to speak with them or refuse.

 

He left here under no illusion that I would speak with them

 

Questions: are they allowed to visit when expressly told not to & are their actions against the spirit of the OFT guidelines for debt collection? If yes to both questions, what should my next move be?

[diddydicky]

Despite being emailed the 'you have no right to be on my property' letter, P2C turned up!

 

They then proceeded to tell my OH that he was here to facilitate a phone call between myself & Co-op bank!

 

OH called me to the door where the C2P guy repeated all of the above. I told him that I refuse to speak with Co-op but if he would like to ask co-op to send me something meaningful instead of the drivel I've had so far then I might deem it worthy of a response. Oh & BTW, tell them to oblige with the FOS recommendations re PPI.

 

His response to that was they have only 2 options to report: either agree to speak with them or refuse.

 

He left here under no illusion that I would speak with them

 

Questions: are they allowed to visit when expressly told not to & are their actions against the spirit of the OFT guidelines for debt collection? If yes to both questions, what should my next move be?

 

well IMO you can waste energy on winning battles- or save it to win the war!

 

if you were traumatised by the visit you could complain to the OFT

 

it is doubtful you would get anywhere though, unless they continued to call (which they wont )

[mkb]

Thanks dd - not traumatised at all......or did you mean the P2C chap cos he may have felt a tad uncomfortable

 

Will concentrate and gather my arsenal together as there may well be a war to be won then

[diddydicky]

Thanks dd - not traumatised at all......or did you mean the P2C chap cos he may have felt a tad uncomfortable

 

Will concentrate and gather my arsenal together as there may well be a war to be won then

 

they are pussycats, are they not!!

[mkb]

The saga continues.....

 

Still no PPI refund or even a mention of it (they were told to refund by FOS on 15th Jan so guess they still have a few weeks to comply )

 

Unlawful termination of account which was accepted by me.

 

Begging letters asking me to contact them - studiously ignored.

 

Now this latest 'offer'

 

The settlement of PPI should be in the region of £800 so only about £200 short of their 50% off offer.

 

I'm thinking of writing back to say that taking into account the unlawful termination plus the refund of PPI, that they should clear the outstanding amount & close the account.

 

Would appreciate your comments.

 

Edited February 26, 2010 by mkb

[diddydicky]

The saga continues.....

 

Still no PPI refund or even a mention of it (they were told to refund by FOS on 15th Jan so guess they still have a few weeks to comply )

 

Unlawful termination of account which was accepted by me.

 

Begging letters asking me to contact them - studiously ignored.

 

Now this latest 'offer'

 

The settlement of PPI should be in the region of £800 so only about £200 short of their 50% off offer.

 

I'm thinking of writing back to say that taking into account the unlawful termination plus the refund of PPI, that they should clear the outstanding amount & close the account.

 

Would appreciate your comments.

 

 

if you try to rub their noses in it they wont play ball

 

how about suggesting that 10%- in order to rid yourself of the nuisance value of their claim would be about right!!

[mkb]

if you try to rub their noses in it they wont play ball

 

Fair point.

how about suggesting that 10%- in order to rid yourself of the nuisance value of their claim would be about right!!

 

Dim alert Dont get what you mean - please can you explain?

 

Thanks dd - am having a spectacularly thick day today

[diddydicky]

dear sirs,

 

Without Prejudice

re XXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

 

I refer to your letter of XXXXXXXX

 

Taking into account the unlawful termination plus the refund of PPI, i consider your suggestion that i should settle this matter at 50% of the amount you claim unrealistic,

 

However, purely in order to rid myself of the nuisance value of your claim and without any admission of liability, i am prepared to arrange to borrow funds from family in order to offer you 10% of the sum in question which is £XXXXXXXXX in full and final setttlement of this and all outstanding matters between us

 

Upon receipt of your written confirmation i will arrange for the funds to be forwarded to you within 21 days

 

yours sincerely

 

XXX (not kisses- your name!)