Co-op Dn & Termination

[Pinky69]

Phew! I am glad they terminated early! Sorry about the error. I know about the change to 14 days and didn't pay enough attention to the date on the DN. I have given myself a hard slap!

[pompeyfaith]

ditto pinky

[molly13]

Aww pinky, don't do that.

 

I thought it was invalid as well, didn't know about the 14 days.

 

I forgive you:D

 

Regards

 

Molly:)

[molly13]

and pompey too:D

[Tartan Barty]

I'm in a similar position but my accounts were terminated in May 2008 without any DN's and then I got DN's last week......ethical?.....mental challenged!

[molly13]

Flaming Nora!!!

 

Now look what they've sent..

 

"no further recovery action was taken until July 2006"

Well what is the termination notice dated 6 May2006 then?

 

"I am satisfied that we have allowed more thn adequate time for you to satisfy the default":confused:

 

Now what? I guess we put the account in dispute?

 

Any thoughts on this please?

 

Thank you in advance

 

 

 

 

 

 

 

Regards

 

Molly:-)

Edited July 3, 2010 by citizenB
unjumbled images :)

[molly13]

Sorry got the pics in the wrong order again

[citizenB]

Sorry got the pics in the wrong order again

 

 

sorted:D

[citizenB]

You may want to pm the following caggers who will be able to assist on this...

 

diddydicky , vint1954 and Elsa..

[Undercover-Elsa]

You rang?

 

Wow. That's a spectacularly pathetic response!

Doesn't make one iota of difference how long they waited to set the dogs on you. They committed repudiatory breach of agreement at the point they sent that Termination Notice. You have accepted their repudiation, thus the agreement has been rescinded, relieving both parties of further obligation under the agreement, except for arrears due at the time which can be counterclaimed as damages for the breach.

 

Let's get some other comments then we'll draft you a letter.

[Pinky69]

Absolutely correct - the agreement has been rescinded and now all they can claim are the arrears. They did it to me too. They don't realise what they have done because they don't know one thing about consumer law - I have some spectacularly stupid letters form them. Your dispute is now that the agreement has been rescinded - and don't tell them they can ask for arrears. They don't know that either.

[molly13]

Hi all,

 

Thank you citizenB, undercoverElsa and Pinky69.

 

It seems to me that in their response, they have not even acknowledged that the termination letter exists. And they've got the dates wrong???

 

The letter I sent them was the one in #22 by Undercover-Elsa, and thank you for that:)

 

I have sort of been drafting a letter this afternoon, but I feel it is a waste of time trying to tell them the same things again. Do I send them copies to prove what they've done?

Thanks again.

 

Regards

Molly:-)

[Pinky69]

I didn't bother Molly - you would be wasting your time. After I told them the account had been unlawfully rescinded I ignored them. It went to 2 DCAs then I never heard about it again. There are defaults on my credit records which are currently with the ICO, where there is quite a backlog. However, the entries don't bother me as I won't be applying for credit.

[molly13]

Hi Pinky,

 

The account is already with DCA, but it will be put in dispute on Monday.

 

After all, my husband has been paying them token payments since 2006, so I reckon the arrears are already paid off:D

 

Thanks again.

 

Regards

 

Molly:)

[molly13]

Hi,

My husband has now received a further letter from the Co-op,much the same as above, but this time it's a final response with the FOS leaflet enclosed.

 

They are still saying that the full amount is outstanding. The person writing seems to not understand, regarding the Termination!

 

What shall we do? Write to the Co-op pointing out Default sections in CCA1974 to them or just complain to FOS? Or shall we just ignore them?

 

Has anybody got any ideas please?

 

Thanks

 

Molly:)

[molly13]

polite bump:)

[Pathway]

subbing here - some great info - many thanks

[Undercover-Elsa]

Hi Molly,

I don't personally think FOS would help.

Either ignore, or if you want to be pro-active, write back something on the lines of:

 

In response to you letter of xxxxx you clearly fail to understand the basics of the Consumer Credit Act 1974 in respect of Default Notices. It is not my place to educate you, but in brief, you terminated the account without adhering to the (strictly defined) terms of the Default Notice, it is therefore irrelevant when you chose to start enforcing the debt, since by terminating the agreement you immediately and unlawfully removed any option to remedy the breach and return the account to normal-the whole point of issuing a Default Notice.

Furthermore, by terminating the account without going through the correct procedure you also committed repudiatory breach of contract, which I have elected to accept hence both parties are relieved of their obligations under this agreement.

I trust this clarifies my position.

Yours faithfully,

Molly

 

Added to that, should they attempt Court Action, I'm pretty sure you could apply for a strike out on the basis of the premature termination..as they wouldn't have right of action...but keep that under your hat.

Elsa x

[molly13]

Hi Elsa,

 

Thank you so much for that. I'm very grateful for your help.

We'll have a think about the next step, but I get really frustrated when they start playing games like this. I just feel like I want the last word, as it were.

 

Thanks again.

 

Regards

 

Molly:)

[cerberusalert]

I just feel like I want the last word, as it were.

SWMBO is like that too?

[molly13]

Quite right too cerberusalert

 

Molly:)

[ltc1607]

sub In the same situation as you Molly just had a letter from DCA and not sure what to write back.

[molly13]

Hi

sorry about delay ltc. Which DCA was yours?

I just sent them account in dispute letter and referred them to the Co-op. They have now returned the account to the co-op.

I sent the Co-op the above letter from Elsa and all I got back was "all further letters from you will be filed unanswered." Great, really helpful ..not. Still waiting for their next move though.

Just stick to your guns ltc. Good luck.

 

Regards

Molly:-)

[citizenB]

Hi

sorry about delay ltc. Which DCA was yours?

I just sent them account in dispute letter and referred them to the Co-op. They have now returned the account to the co-op.

I sent the Co-op the above letter from Elsa and all I got back was "all further letters from you will be filed unanswered." Great, really helpful ..not. Still waiting for their next move though.

Just stick to your guns ltc. Good luck.

 

Regards

Molly:-)

 

That type of response is quite juvenile isnt it ? IMHO, it proves to me that they realise they are in the wrong.. appreciate the hole they have dug is deep enough and are now being careful of committing themselves to a statement that could make matters worse .. for them.

[molly13]

I quiet agree CB.... I sent a copy of the letters to the CEO, but din't get a response from him strangely enough:|