Coop reclaim charges cheuque

[Boltmaker]

Hi Guys,

 

Mid May I sent a reclaim charges letter and spreadsheet to Coop Bank claiming CC charges to the amount of £2605 levied on the account over 13 years.

 

Today I received a reply and cheque from Coop for £794 as their final response.

 

They claim that to go back more that six years is against the Limitations Act 1980

and any charges incurred prior to May 2007 are outside of the six year rule and therefore statute barred.

 

Is this the case or are the Coop telling me a load of bxxxxxks and should I just accept their cheque and shut up or persue the other £1800 pounds.

 

Looking forward to your replies.

[citizenB]

Hmm, Capital One are doing this as well. I will ask others on the site team what they think you should do. It is very unfair indeed, but I think you would probably need to take court action to recover those charges over 6 years.

 

Anyway, let me ask for you.

[Boltmaker]

Thanx Citizen B

[ims21]

I would think that your only course now would be court action.

 

Fos will be worse than useless with a charges reclaim, especially one going back further than six years.

 

You need to decide whether you wish to take this further through the courts and if you do then it will be Section 32(1)© which you will rely on to overcome the six year argument. This is all to with payments made under a mistake.

 

EDIT: Sorry, forgot to mention it is S32(1)© Limitations Act 1980.

[Boltmaker]

Thanx to you Ims 21

[Boltmaker]

I suppose I will have a similar problem with another CC provider.

[caro]

Does the letter say anything about full and final settlement? If so then you should return it to them and inform them that you want the full amount as per ims response.

 

If it's been paid with conditions attached (full and final) then you shouldn't just expect to be able to cash it and ignore the conditions.

[Boltmaker]

Yes the letter does refer to a full & final settlement made as gesture of goodwill.

[caro]

If you accept the cheque as a full and final settlement and then go on to court for the rest I suspect you may be on a sticky wicket.

 

You could contact co-op and tell them that you are willing to accept it as part payment but don't cash it unless/until you get their agreement.

 

This may sound drastic, but back when we could claim bank charges it was quite common for some banks to dangle a carrot to get people to settle for less than they were entitled to.

[ims21]

My view is that of you sign it in Full and Final of your claim against the bank and then go to court, the judge is likely to say that they offered you a deal to close the matter and that your acceptance of the deal is the end of the matter.

 

You can't then have a second bite of the cherry.

 

The phrases "goodwill gesture" and "without accepting liability" are standard. It is the bank's cop out for not admitting any wrong doing.

[Boltmaker]

Thanks guys,

 

I thought of writing back to them stating I will accept their current cheque as PARTIAL Settlement of my claim and include in the letter that I will go through the court system to recover the remaining amount and see what their response will be.

[caro]

You could do that but you should be aware that a judge may well side with the co-op if they show the f&f letter in court.

[Boltmaker]

Think it may be worth a try at least, do not have to follow through, they may capitulate at the threat,

[caro]

Let us know how it goes.

[quequeg]

hi boltmaker

 

just a quick question - how did you get the co-op to send you a cheque?

i tried this last year wit them trying to claim back unfair charges for the last six years and they denied my request saying that all the charges in their eyes were fair despite the fact that i gave details of how the charges have affected me financially - i would deary love to get at least a small portion of my money back as when the unfair bank charges situation first kicked off in the media i approached a company to claim back the charges for me and the co-op kindly sent me a record of all charges incurred! then as the banks all closed ranks in the wake of the media i heard nothing for at least three years until i wrote to them chasing it my self.

can you point me in the right direction please as i feel they have massively overcharged me over the years and mainly at times when i was financially on my knees.

any help would be lovely

x

[Boltmaker]

Hi quequeq,

 

My situation was that the Coop had sold my alleged debt to Lowells and so no longer owned the debt. Subsequently they could not I believe use any refund of charges against the debt. I started by sending for a SAR request which gave me all the charges they had levied against the account which put me into financial hardship. It also showed all the PPI charges to the account which I also reclaimed. Also as the Coop could not produce a valid CCA under sec 78 of the Act so I think they were on a sticky wicket. After the sar details were received I downloaded a reclaim chart from the FOS website, completed IT AS PER THE INSTRUCTIONS. The chart calculates the interest at 8% to which you may be entitled to on top of the charges to the account.

Sent the completed chart along with a reclaim charges letter from the library and after a few weeks (6) I think an offer letter and cheque arrived covering the charges plus interest covering the last six years. They totally refused to consider anything beyond the last six year period. But several hundred pounds was better than nothing.

I then made a reclaim for all the PPI attached to the account. Again no valid agreement I think was a big help here too.

Downloaded the relevant reclaim forms from FOS ( please note this is a different form to the charges form) and followed the instructions again and four weeks or so later received a cheque to cover all PPI payments made plus interest.

Others on this site also helped and the same great people will help and guide you hopefully to the same success. If I can help any further please ask and I will try.