Phil and Alison v The Co-op ***WON***

[Guest bong]

I agree phatram, but if the contractual interest was part of your claim and they've paid a lesser amount, then you just continue your claim for the balance still outstanding, you wouldn't need to start a new claim for that.

[phatram]

Thats what we are doing.

We have though been sent more statements from before oct2000 and yet more info on manual intervention, all of which they denied having on numerous occasions.Because of this we will be making a 2nd claim using this info.

We believe we can use Sect 32(b) concealment to do this and if need be will claim back even further by estimate,(if only to test the waters) as they have ripped us off for thousands since 1984.

[Guest bong]

well I'm subscribed now, if you need any help, I'll be around.

[phatram]

Thanks bong.

[phatram]

This has just arrived.

 

The defendant filed an acknowledgement of service on 31 jan 2007

they have 28 days from date etc etc .

Why don't they just pay up and stop wasting more money ?

[phatram]

14/02/07

Another £3910.50 paid into our account.

So much for them defending the whole claim eh?

Only about another £1500 to go on this claim.

[groovycaz]

hi again phatram, ive got business statements going back to 1996 from the coopperative bank, they charged me £30 for an unpaid item,also £15 for the letter they sent to me informing me they were not paying the item so £45 charge. They also charged me £10 to £15 overdraft advice which is when I called them and spoke to someone complaining about the charges. They charged me n total £1907 until they closed my account in 2000. Ive written to them requesting they refund me these charges and they refused statin that they are only required to go back 6 years. I then wrote again quoting s(32) of the limitation act and again requested a full refund, that was about a month ago and they just ignored my letter, so im in the process of sending them a schedule of the charges with another LBA but after that Im not sure how to calculate the interest, wether its to date or just to 2000 when the account was closed so will have to have a good read through the FAQs:???:

[phatram]

VICTORY !!!!!

Letter arrived this morning, Coop have paid in full.

Donation will be made asap.

Thanks to everyone for helping.

Mr and Mrs Phatram

xxx

[Gary JAY]

Totally agree with 'Groovycaz' - the Latent Damages Act, 1986, inserted sections 14(A) & 14(B) into the Limitations Act, 1980. But, more importantly, inserted Section 32 - the normal section here would be to quote Sec 32(1)(b) - there's load of stuff to be found on this section!!

 

I've just written to Co-op going back to 1999. The reason - 1999 to 2005 was the last 6 year period that I held my account. I could go back further, but this is MY 'gesture of goodwill' (basically, banks etc always use this tactic before going to court to be seen to be 'fair' - I've played them at their own game). It's important to be fair as well and not greedy - in my opinion.

The OFT and Financial Ombudsman are always releasing new guidelines - and the banks do not want to be the first test case at court to have a judgement ordered against them.

 

Stick by your guns and keep it fair.

 

Good luck.

[dx100uk]

great news

well done

 

co-op are beginning to roll over.

 

how far back did the claim go in the end

past 6 yrs limit?

 

dx100uk;)

[phatram]

This claim only goes back 6 years, the next one will go back further.

We have statements for year 7 and will be claiming.

[dx100uk]

god this group is bzy today

i'll try a quick reply then!

 

ok well i'm doing mine going back to mar 82

im up to 1993 & already over £1500 charges

 

lets keep going

 

well done again

 

dx100uk

[phatram]

Dont forget to charge them interest at their unauthorised rate.

We did and got it .

[dx100uk]

Im not sure how to calculate the interest, wether its to date or just to 2000 when the account was closed so will have to have a good read through the FAQs:???:

 

it will be to the date your claim goes in, you still did not have the money!

 

 

dx100uk:smile:

[groovycaz]

HIya again ,well im ready for the unco-operative bank, just in the process of doing my spreadsheet going back 10 years and the interest is scary, they are now ignoring all the letters ive sent them and im sure they will fight me all the way on this one but giving it a go, Soooo were off, hope ive got my smiley face showing soon, I,l be posting my progress on this forum and on the co-operative business forum:p

[phatram]

dx, we did it as to date of claim.

Good luck Groovy.

[groovycaz]

thanks phatram gona need all the luck I can get.......

[phatram]

Has anyone been "sold" a loan by the Coop to cover unlawful charges (overdraft) and then been successful in getting their money back?

If so, would you please post links to threads.

Many thanks

Mr P

[richwhit1]

phatram,

 

pm'd you earlier after your reply to mine but I just wanted to check you got it.

 

My reason for doing so is just to check that you have read Glenn vs Co-Op as if you're having trouble with them it is THE post to read.

 

Not sure how to post links but if you haven't seen it let me know and I can somehow direct you!!

 

I spoke to Jackie at Co-Op today chasing up my pre 6 year statements and she said she had from Feb 2000 (have from April 01) but not from March 99 when the account started. My original SAR was dated Dec 2006 so will prob accept this as even I'd be surprised if I'd used up their available credit limit within 9 months and was incurring OD fees - late payment though may be a poss knowing me!!

 

Let me know if you've seen Glenns thread or not.

 

richwhit

[phatram]

Read it many times mate.

[phatram]

bump

[phatram]

bump

[eggopp]

Hello was just following this thread about the 6 year rule,, not sure about the CO OP but i dont think the banks really know what there doing. I claimed from the Halifax and bearing in mind its 2007 now, i claimed from January 1998 and they paid up... So i personally dont think there is no harm in trying, they can only say to you that you can only have info on the 6 years of cough up like halifax did..

[groovycaz]

sent my spreadsheet off to the uncooperative last week stating that if they dont repay me within 48 hrs im starting proceedings against them ..again, of course they ignored that letter also, just found some excellent info from ..bong v HSBC and won, will be borrowing some of her POC, she went back to 1993,so spending tomorrow going over her full claim and their defence, want to file no later than tues so the decoratings going to have to wait till next weekend...GC:cool:

[phatram]

bump