old co-op debt being chased by..

[johnkent]

My wife and i requested from Coop an original signed agreement on the 4th April,

we received a letter back on 30th April to say they are unable to provide us with it because of the time elapsed

because records arn't kept beyond 6 years.

 

Then on 7th may a photo copy of the original signed agreement arrives.

 

Now correct me if i'm wrong but i'm sure i read somewhere that your credit limit

must be stated on the original agreement...Is this correct ?

 

As it only says....Your credit limit will be determined by us from time to time we will give you notice of your credit limit.

 

I can scan the agreement if needed.

 

We took the agreement out in 2005

 

Is there anything that is wrong with this?

 

Thanks for any advise.

[dx100uk]

tell us who is chasing you please?

 

dx

[renegadeimp]

When was the last date of payment or WRITTEN acknowledgement of the debt?

 

In regards to the CCA response, the CCA must be a full copy of the original, plus terms and conditions of the account at inception and at closure.

[johnkent]

Its the Coop

[dx100uk]

credit card cca's don't necessarily need a credit limit.

 

what is your problem please

why did you cca them?

 

dx

[dx100uk]

ok so this is a joint CC?

 

why did you cca them?

[johnkent]

When was the last date of payment or WRITTEN acknowledgement of the debt?

 

In regards to the CCA response, the CCA must be a full copy of the original, plus terms and conditions of the account at inception and at closure.

 

We have been paying at a reduced amount for about 2 years we havn't missed a payment but eveytime they assess a default goes against my name.

 

The copy they have sent me is a full copy.

 

Am i correct that the original that we signed all those years back must have a credit limit stated on it ?

[johnkent]

credit card cca's don't necessarily need a credit limit.

 

what is your problem please

why did you cca them?

 

dx

 

Because the debt seemed to spiral without us using the card, we are not sure the amount is the right amount. We can account for about 3000 but somehow it spiraled to nearer 6000

[dx100uk]

I bet you've heeps of reclaimable PENALTY charges

 

late /over etc etc.

 

have you got all the statements?

 

if not i'd SAR them.

 

I wouldn't bank on the no credit limit being a get out as such.

 

but, if you've been on reduced payment plan

ideally they should have helped you by freezing interest and stopping the unlawful penalty charges.

 

dx

[johnkent]

I bet you've heeps of reclaimable PENALTY charges

 

late /over etc etc.

 

have you got all the statements?

 

if not i'd SAR them.

 

I wouldn't bank on the no credit limit being a get out as such.

 

but, if you've been on reduced payment plan

ideally they should have helped you by freezing interest and stopping the unlawful penalty charges.

 

dx

 

 

Sorry to seem ignorant but what is Sar ?

[renegadeimp]

I'm in agreement with Dx. You NEED to SAR coop and get the full facts of your account. As dx says, the debt is most likely made of charges and interest, all of which can be reclaimed.

 

Forget about the credit limit for now and concentrate on the facts.

 

but, if you've been on reduced payment plan

ideally they should have helped you by freezing interest and stopping the unlawful penalty charges.

 

yep. If they have still levied interest and charges after a debtor has informed them that they cannot meet the repayments due to financial difficulty, it would be seen as unfair due to it being a violation of OFT guidance on debt collection.

[dx100uk]

click the sar

 

dx

[citizenB]

When was the account originally opened ?

 

A Subject Access Request is a request for all information a bank has in respect of your financial relationship them. It will cost you £10.00 and there is a draft request in the CAG library, linked at the top left of each screen.

 

They are actually supposed to keep certain records for 5/7 years AFTER the relationship has ended, which it appears is not the case here.

 

It is interesting that they would not keep a copy of the original document don't you think? Is there perhaps something wrong with the way it was set up?

 

Almost certainly that they have continued to levy interest and charges after your having advised that you have a financial hiccup, which does seem very unfair and probably is in direct conflict with their own code of conduct - the Lending Code. I have attached a copy for your information, read all of section 9.

 

Once you have received your statements from the SAR, then you can reclaim any default/penalty charges.

 

If that doesn't significantly reduce or wipe out the debt outstanding, then you should be requesting them to cease adding interest and charges whilst you are in a payment arrangement.

 

Do you know if there was any Payment Protection Insurance on the account?

 

Have they issued a Default Notice (this has nothing to do with the default they are recording on your credit files). It is a statutory notice they must issue under the act.

[citizenB]

Oops.. sorry forgot to attach the Lending code..

 

 

[ATTACH=CONFIG]43778[/ATTACH]

 

You need to read Section 9

[johnkent]

When was the account originally opened ?

 

A Subject Access Request is a request for all information a bank has in respect of your financial relationship them. It will cost you £10.00 and there is a draft request in the CAG library, linked at the top left of each screen.

 

They are actually supposed to keep certain records for 5/7 years AFTER the relationship has ended, which it appears is not the case here.

 

It is interesting that they would not keep a copy of the original document don't you think? Is there perhaps something wrong with the way it was set up?

 

Almost certainly that they have continued to levy interest and charges after your having advised that you have a financial hiccup, which does seem very unfair and probably is in direct conflict with their own code of conduct - the Lending Code. I have attached a copy for your information, read all of section 9.

 

Once you have received your statements from the SAR, then you can reclaim any default/penalty charges.

 

If that doesn't significantly reduce or wipe out the debt outstanding, then you should be requesting them to cease adding interest and charges whilst you are in a payment arrangement.

 

Do you know if there was any Payment Protection Insurance on the account?

 

Have they issued a Default Notice (this has nothing to do with the default they are recording on your credit files). It is a statutory notice they must issue under the act.

 

 

Asi said earlier thay have now found the original agreement , we took it out in 2005.

 

Yes a default has been added, its a statuary course of action they said.

 

Shall i copy and post the agreement to see if theres anything anyone can spot that makes it void?

[citizenB]

Some companies do issue an automatic default notice when a payment arrangement is entered into. Tesco is one that does this. Yes, if you wish to post the document up for us to have a peek at. Do make sure you edit out any personal details. If you follow the instructions below then you should have no problems. .

 

 

Dx100 – Instructions on uploading pdfs

scan the requiredletters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[dx100uk]

done it for you

[johnkent]

done it for you

 

cheers:oops:

[ims21]

Hi

 

I have had a look at your account settings and can see nothing unusual.

 

Can you please do one last check regarding the "go advanced" button?

 

Scroll right to the very bottom of the thread to the "quick reply" text box.

 

Beneath that and to the right you should see two buttons, one says "Post Quick Reply" and the other should say "Go Advanced".

 

What do you see in the way of buttons?

[johnkent]

dx100uk has done it for me now thanks. and yes the go advanced button is there now cheers

[ims21]

Yep...saw that the PDF had been done for you.

 

Just wanted to make sure that you could see the buttons now.