Co-Op cca request

[trojanska]

I am posting this on behalf of my husband.

 

He sent a cca request back in January,

gave them plenty of time,

sent a letter from the library last week about their non-compliance.

He received the cheque back today which was dated 24th Jan 2013,

 

 

and a reply:

 

Thank you for your recent letter dated 30 Jan 2013.

 

I am not able to locate the requested documentation at this time from our files

however I can confirm that in accordance with the requirements of the CCA 74,

we provided a signed copy of the agreements and full terms and conditions to yourself

on account opening and confirm we will rely on these documents.

 

Please make your client aware that if they fail to make payments in line with the agreement,

we will arrange for the Bank`s debt recovery procedures to be applied.

 

Please bear in mind that missed payments under the agreement,

any arrears or final demands for payment will be recorded on their credit file.

 

from co-op

 

They have had the financial statement, but want more money but that's not possible. Charges and interest still being added.......

This was originally a northern rock card.

 

please advise.

[BRIGADIER2JCS]

What nonsense that is they have failed to comply with a CCA request and therefore at this pont the account is unenforceable and you do not have to pay until a compliant agreement is supplied, so send the following to:

 

The Compliance Manager

Co-Operative Bank.

 

Ref: Use the one on their letter:

 

Formal Complaint Failure to Comply with a Lawful Request.

 

 

Sir/Madam,

 

I refer to a letter received from the bank dated xx xx xxxx in which it is stated that the bank cannot fufill my request made under section 77/78 of the CCA 1974.

 

I am sure the bank is fully aware that the statements made in its letter are complete nonsense and that the bank has failed in its obligations under CCA1974 this account is now formally in dispute and no further payments will be made or correspondence entered into until the bank produces a compliant copy of the said agreement.

 

I am sure I do not have to remind the bank of the relevant sections of the ACT regarding the provision of such information, given the bank cavalier regard to the Act I am reporting the conduct of the Co-Operative Bank to the OFT.

 

Send recorded delivery.

[trojanska]

thank you x

[BRIGADIER2JCS]

thank you x

 

Your welcome!!

[trojanska]

Morning everyone

Co-Op have not responded any further in the CCA request.

 

However they have sent a credit agreement regulated by the CCA 74, in reply to the SAR,

which contains Mr...... signature,

so he started paying them what he told them he could afford to pay when he sent them the financial statement,

when I checked the agreement,

there are no terms and conditions,

these are stated as being overleaf,

but none have been sent.

They should still send them shouldn`t they ?

 

Thanks for your continuing help

Trojanska x

[dpick]

They should have been part of the documents returned for the CCA request so as such they still have not complied with the CCA request as Brig says they are talking a load of ****

 

dpick

[BRIGADIER2JCS]

The agreement must be rejected and payments stopped also you must infirm the Coop that this is not acceptable.

[trojanska]

this arrived today..

.they have done a combined reply to both the cca request complaint and sar complaint.

 

thank you for your letters of 15 march 2013,

and your subsequent letter of 21 april 2013,

which have been passed to me for reply in my capacity as customer relations adviser.

I am sorry that you have had cause to complain and for the delay in my response.

 

YOUR COMPLAINT

 

I understand that your complaint is as follows:

 

*you made a formal request, on 20 jan 2013, for a true signed copy of the agreement for the above mentioned account,

enclosing the required statutory fee of £1.

 

You state that we have failed to comply with your request and as such you claim that the account entered default 12+2 working days after you made the request.

 

*you also refer to the above as a subject access request and state that the 40 days allowed for a response has now expired.

 

*you state that under the cca 74, we are obliged to send you a true copy of the executed credit agreement that contained all all of the prescribed terms,

as well as any other documents it refers to.

You also request a full statement of the account detailing all credits and debits.

 

*you refer to section 78(6) of the cca and advise that as we have failed to comply with your request within the required timescale,

that we are not entitled to enforce the agreement whilst the default continues and the account has currently become unenforceable at law.

 

*you refer to the OFT`s guidance on debt collection and consider any legal action we may take as unlawful and vexatious.

 

*you state that we have 21 days from receiving your letter, to contact you in writing, with our intentions to resolve this matter.

 

*you would like to know why if we are investigating your complaint;

you are receiving threatening letters from the unsecured arrears department.

 

MY INVESTIGATION

 

I would firstly advise that you originally opened a credit card account with northern rock in july 2001.

the co-op bank bought the northern rock credit card back in may 2003

and all northern rock customers were sent a letter in confirmation of this.

 

the co-op bank re-registered each northern rock credit card in april 2004.

 

I understand that you requested a response to your complaint within 21 days;

however, it may be helpful if I explain that under the complaint handling guidelines set out by the FSA,

we have eight weeks to respond to a complaint.

I am very sorry that we were unable to respond more swiftly and I thank you for your continued patience in relation to this matter.

 

Turning to your request for documentation,

it is of course reasonable that we should demonstrate that you have entered into a credit agreement by sending you a copy of the signed agreement form.

I understand that a letter was sent to you on 27 feb 2013, by a colleague in our debt management department,

informing you that we do not hold a copy of your signed credit agreement.

 

On march 26 2013, our team which respond to SAR`s wrote to you, enclosing the full statement history of the account,

along with notepads/correspondence, charges list and a copy of your signed credit agreement.

I am sorry that you were initially provided with the incorrect information regarding the documentation held and any misunderstanding caused.

 

I note your comments regarding the enforceability of the credit agreement; however, I respectfully refer you to guidance set by the OFT which states:

 

"if the lender fails to provide the requested information, the agreement becomes unenforceable

which means the lender cannot get a court judgement against the borrower,

take back hired items or items bought on credit,

or take anything used as security(like a car) when the agreement was made."

 

However,

the guide warns that, even if a credit or hire agreement becomes unenforceable,

consumers would still owe any outstanding money to the lender, interest could be added to their loan or hire agreement,

default charges could be made, and any failure to pay could impact on their credit record.

 

The guide also explains that the debt is enforceable again as soon as the lender provides this information.

 

Ray Watson, diresctor of the OFT`s consumer credit group said:

 

consumers have a right to information on debts they owe, but it is important that they realise that these sections of the act cannot be used to write off legitimately owed debts (sections 77/8/9 of the cca 74). Although the debt can be classified as unenforceable until the right paperwork is provided, people are encouraged to seek advice and help on how they can continue to repay the money they owe. Consumers can get free advice on debt by contacting citizens advice or consumer counselling service (now known as stepchange debt charity).

 

OUR DECISION

 

it is clear that you have signed for the credit card account and have benefited from the credit limit provided.

You have made payments to the account and we have assisted you with your financial difficulties by accepting reduced payments for a period of time.

We have also sent you regular credit card statements confirming the balance.

Therefore, we are satisfied that the debt belongs to you and must conclude that you remain liable for the outstanding amount.

 

you should bear in mind that missed payments, arrears, or final demands for payment will be recorded on your credit file.

I note that we have written to you on a number of occasions informing you that the reduced payment arrangement on your account has expired

and requesting contact from you to undertake a review of your financial position, and if appropriate agree a further repayment arrangement.

 

as your account remains in arrears without a formal repayment arrangement, we have had no choice but to refer your account to our risk, investigation and specialist collection department.

 

please contact our RISC department as a matter of urgency to discuss the possibility of a mutually agreeable repayment arrangement.

if you are unable to clear the arrears infull or in the absence of contact with our RISC department by 15 may 2013,

then we will continue with our debt recovery procedures and your account may be passed to a debt collection agency.

 

I trust this letter clarifies our position on this matter for you and you can regard this as our final response.

However, if you have any new or further information, inrelation to this complaint, that you would like me to consider please contact me.

 

if you remain dissatisfied you may refer your complaint to the FOS.

 

yours sincerely

co-op bank

 

what has really annoyed us is that when the payment plan of 6 months run out and we could not increase our payments,

we sent a financial statement, di it all properly, the only reason it came to the cca request and sar was because they wanted more money.

 

many thanks for your help

trojanska x

[dx100uk]

ok so.

 

did the sar show you are being charged any PPI?

 

or are there any PENALTY charges on the statements?

 

have or have not you got a copy of the agreement you signed in july 2001

 

if you have then i'd not really be arguing the debt is not your.

 

how much is outstanding?

 

does the card show on your CRA file?

 

dx

[renegadeimp]

They're doing the morality speech. Saying that you still have the moral obligation to pay, even though they have admitted they cant do anything if you don't.

 

Post a letter that says something like " hi co-op bank. No cca = no pay. Have fun". They can take it through as many DCA's as they want to. None of them can do anything. Meanwhile, get the statements and see post #9

[trojanska]

morning everyone

 

hello DX100uk, thank you for your reply, I will take a better look at the sar material when I get back from work, but I can definitely say that they did send a signed credit agreement but there are no terms and conditions, it says they are overleaf and there isn`t a copy of the other page. (post 5)

 

hello renegadeimp, thank you for your reply

 

 

 

trojanska x

[citizenB]

So their first letter stated they were unable to provide the document. Their 2nd enclosed it !

 

Unless they provided the Agreement, terms and conditions from both inception AND currently - Plus a statement of account, they have not fully complied.

 

There is also plenty of case law where the disingenuous statement of the "Customer Relations Advisor" would be proved incorrect !