Phil & Alison V Coop 2

[phatram]

Prelim sent 28/02/07 for £2000.

LBA sent 20/03/07

Letter received from COOP 21/03/07 saying they have credited our account £51.94, other charges are prior to March 2001 and are not subject to refund as they are older than 6 years. HOW WRONG YOU ARE MR CHRISTOPHER CARDWELL, you will pay us and then we will be claiming by estimate for the thousands you still owe us!!!!

[phatram]

19th March 2007

 

Dear Mr xxxxxxxxxxxxx

Thank you for your letter dated 28th February 2007. I am sorry that you have had cause to write in to us and for the delay in my reply.

I can appreciate that you are unhappy with the charges applied to your account. As you are aware, the charges are valid and in line with the terms and conditions of your account. It is the responsibility of the customer to monitor the account and ensure that it is kept within agreed limits at all times.

I can see from your account that you have had refunds credited to you for previous default charge claims. While the Office of Fair Trading is currently investigating the charges applied for individual infraction, the Bank reserves the right to close accounts which are in continued breach of the terms and conditions. I must therefore stress that any further claims will result in 30 days notice to close your account.

After review, I have credited £51.94 to your account as a gesture of goodwill on this occasion only. The charges you have claimed prior to March 2001 are not subject to refund as they are older than 6 years. This is in accordance with the Data Protection Act (1998) and the Statute of Limitations.

If you have any further enquiries, please do not hesitate to contact Customer Services on 08457 212212 and an adviser will be happy to assist you. We are available 24 hours a day, 7 days a week.

Please find enclosed for your information details of our complaints escalation process.

Yours sincerely

Christopner Cafdwell Customer Relations Adviser

[phatram]

Another letter from COOP stating they will close our account if we continue with second claim.

[mnealio]

Hi there,

 

I thought we could claim beyond the 6 years as some people already have done on here?

 

What will you do now phatram?

[phatram]

We shall continue with the claim.

[shelter pie]

Oh Good luck.

 

They do like their silly little games these banks dont they!!!!

 

I like their settlement letters when they say

 

"by no admission" ha ha ha

 

yes like I always hand over thousands of bucks to people when I dont have to!!!!!

 

Oh yes thats right I have - they were called Penalty charges!!

[phatram]

Claim filed 25/04/07

[phatram]

Letter from P W KERNS Solicitor, saying they intend to defend.

[Bolton1]

I also received one of those. they have until next friday to put in a defence, phoned the court today and they have not done it yet.

[phatram]

Info arrived from court.

[phatram]

Who do we pm with litigation details?

and what details do you need?

Thanks

[Bolton1]

PM a Mod with claim number, bank username and amount

[phatram]

ACKNOWLEDGEMENT OF SERVICE has arrived from court.

[phatram]

OurOaftref:xxxxxx

Email: [email protected] Your Ref:

Your ref:

When telephoning please ask for: Vivienne Calderbank

Mr x x xxxxxxxx

xxxxx xxxxxxx

xxxxx

xxxxxxxxx

17th May 2007

Dear Mr xxxxx

RE: xxxx x xxxxxxx v The Co-operative Bank p.I.e. Claim Number: xxxxxx

I write with reference to your above claim and note that you are claiming for the return of bank charges totalling £410.00, together with interest thereon at the rate of 29.9%.

Upon referring to the list of charges attached to your Particulars of Claim, it appears that the majority of the charges, specifically £325.00 were debited to your account in excess of 6 years ago. According to The statute of Limitation Act 1980, you are only entitled to bring a claim within 6 years from the date on which the cause of action arose and accordingly you are not entitled to those charges from 21 December 1999-21 September 2000 inclusive or interest thereon.

I refer to the two charges for £25.00 debited to your account on the 21 December 2006 and 22 January 2007. A credit of £51.94 has been credited to your account

March 2007 in reimbursement of those charges

 

number xxxxxx xxxxxxxx

on the 19" and interest.

 

 

 

I have today instructed my client to process a credit of £37.08 to your account, as a gesture of goodwill, to refund the charge of £35.00 dated 3rd April 2007 together with the remaining interestof £2.08_cla]med on the £25.00 transactions referred to in the previous paragraph. "

With regards to the court fee, I would advise that my client has indicated that if they receive notification of discontinuance of this claim, they will, as a gesture of goodwill, reimburse your court fee of £120.00.

I would be grateful if you could give this matter your urgent attention and would ask that you confirm your intentions by return of post.

Yours sincerely,

P W Kerns Solicitor

 

P. W. KERNS

T9tR-Flobr~ ™

CIS Building Miller Street Manchester

M60 OAL

Tel: 0161 903 3869 Fax: 0161 903 5957

DX70000I Manchester 6

 

 

 

[phatram]

I will be accepting as part payment and pointing out to them that as a result of their concealment of the true cost the Statute of Limitations act does not apply.

Do I write to the solicitors or bank?

Do I have to notify the court?

Thanks

[phatram]

IN THE DERBY COMBINED COURT CENTRE

 

CLAIM NO: xxxxxxxx

 

BETWEEN:

 

Mr xxxx xx xxxxx

Claimant

-and-

The Co-operative Bank p.I.e.

 

 

Defendant

 

 

DEFENCE

 

1. It is admitted that the Claimant has an account with the Defendant numbered xxxxxx

xxxxxxxx

and that the account is in joint names with Mrs xxxxxx xxxxxxx

and was

opened in January 1983.

2. it is admitted that during the period 21/12/1999 to 21/07/2000 and 21/12/2006 to

03/04/2007 the Defendant debited charges and interest to the account in accordance

with the rates notified from time to time in accordance with the terms and conditions of

the contract between it and the Claimant. Save as aforesaid, no further admissions are

made as to paragraph 2 of the Particulars of Claim.

3. The Defendant admits that the charge dates, amounts and reasons as set out in the

Schedule attached to the Particulars of Claim are correct. However, no admissions are

made as to the rate or amount of interest referred to on the Schedule.

4. For the sake of completeness the Defendant confirms that separate proceedings have

already been brought by Mrs xxxxxxx for charges debited to the account during the

period 20/10/2000 to 23/01/2007 and interest and that claim was settled in full prior to

filing of the Defence in that action.

[phatram]

5. On 19th March 2007 the Defendant credited the sum of £51.94 to the account without

admission of liability and as a gesture of good will. This refunded the charges each of

£25.00 made on 21/12/2006 and 22/01/2007 together with interest.

6. On 17th May 2007 the Defendant processed a further credit of £37.08 to the Claimant's

account again without admission of liability and as a gesture of good will to refund the

charge of £35.00 made on 03/04/2007 together with interest of £2.08 being interest on

the credit made that day and further interest on the sum credited on 19th March 2007.

7. The remaining claim for charges and interest debited to the account during the period

21/12/1999 to 21/09/2000 is statute barred as the cause of action arose more than 6

years prior to the issue of proceedings. In correspondence exchanged after the issue of

proceedings, copies of which are annexed, the Claimant now seeks to rely on Section 32

of the Limitation Act 1980. The defendant maintains that the remainder of the claim is

statute barred and asks the court to list the case for directions to be given so that the

Limitation point can be dealt with as a preliminary issue.

8. The Defendant will plead further to interest and paragraphs 4 and 6 of the Particulars of

Claim should it become necessary after the preliminary issue on limitation has been

decided.

 

 

 

The Defendant believes that the facts stated in this Defence are true and I am authorised to sign this statement of truth on its behalf.

Signed.

Full name : Vivienne Calderbank

This 30th day of May 2007

[phatram]

Any advice gratefully received.

[phatram]

bump

[groovycaz]

Hey Phatram

just following your thread best of luck to you both, dont know what the uncooperative are playing at, they offered to repay me back to jan 2000 after I requested a refund in Dec 2006 so thats 1 month short of 7 years, maybe they made a mistake...GC

[phatram]

4. For the sake of completeness the Defendant confirms that separate proceedings have

already been brought by Mrs xxxxxxx for charges debited to the account during the

period 20/10/2000 to 23/01/2007 and interest and that claim was settled in full prior to

filing of the Defence in that action.

This part of the defence surely shows they have already paid out more than 6 years, so how can they ask for claim 2 to be statute barred??

[phatram]

Does anyone think I should point this out to Coop's solicitors?

[phatram]

AQ arrived from court

[phatram]

With the AQ do I send a spreadsheet to the court,and do I change the CLAIM DATE to bring it up to date?

i e CLAIM DATE on spreddie is 24/4/07, do I change it to todays date?

[phatram]

AQ posted