Hello co-op I'm back for the 2nd time

[sallysas]

Sent my sar off 28/06/07 asking for FULL banking history. I wonder if I will get reply within 40 days this time (gave them correct a/c details this time) as today cheque still not cashed. I chanced my luck and claimed contractual but just going for statutory this time as it will be pure profit.

 

I like this forum as it's not gigantic compared to others. Good luck to all those just starting out or claiming again. Take note above that 8000 of us have won almost £15 million since this site started approx March 2006. WOW!!!!

[hedgey06]

Now there's a name I recognise!

 

Best of luck sally - although I'm sure that you won't need it knowing you! x

[sallysas]

Thanks hedgey. I wonder if they will threaten to close my credit card down. Not bothered as I don't want to stay with them anyway.

[sallysas]

Brick wall time. They have sent me duplicate data although I told them the periods I have already had data for. Grrrrrrrrr!!! The very last paragraph asks me to return statements when requesting refund highlighting charges I want refunded as it will speed up the resolution of this matter. That's very nice of them so letter going off in the post asking for data prior to last claim and giving them 28 days to comply or I will proceed to court. Wonder how I will get on. Similar letter already sent off to NatWest and Halifax. Can't the staff take time to read requests then? :o:o:idea:

[hedgey06]

Personally Sally, I don't believe they read a single thing. Let's hope they comply with your request this time round as they're getting awfully close to non-compliance territory.

[sallysas]

Have received a letter from them confirming I opened my account in February 2000 but the 1st available statement is October 2000. Really not sure that statement is accurate. Thought I opened this account in the 1990s.

 

'I can confirm that we hold statement information for a period of 7 years only' a Senior Customer Feedback Officer has written. What a title!!! I feel a non-compliance application coming on.

[sallysas]

I've decided to just go for the one month they have sent me and claim contractual. As it's less than £100 I just don't care anymore. Call me apathetic if you want.................

[sallysas]

They're really sorry they have not met the high standards we both expect............... will get back to me in 4 weeks. Lba going off very soon then. I'm a bit tired tonight.

[hedgey06]

They're really sorry they have not met the high standards we both expect............... .

 

Gee that's nice of them ........ they can give you your money back then now can't they?, just to live up to the *high* standards that you both expect!

[sallysas]

Found this which is lovely and easy if you want to claim contractual. Just be aware anyone new, that claiming contractual on a bank a/c is not a good move, this is just for credit cards.

 

http://www.consumeractiongroup.co.uk/forum/capital-one/119267-contractual-interest.html

[sallysas]

Just found this on test case.

 

Money Observer

[sallysas]

Psssst, I'm not allowed to mention names (as there is a confidentuality clause involved) but I am about to get another win, so with the pressure off I am using the contractual spreadsheet as mentioned above for my lba going off tomorrow. Oooohhhh, but it would be lovely to get this in time for Christmas. Nothing ventured.

[hedgey06]

Fingers crossed for you Sally............ with the amount of work you put into this, another win is nothing less than you deserve right now.

 

Double bacardi with diet pepsi for me when it's through please - 1 chunk of ice'll do though! x

[sallysas]

Diet Pepsi? Oh well, it's a matter of taste then. I am with you on the bacardi though with coke, slice of lemon or lime and lashings of ice.

 

I'll be all done and dusted with them then. I could try and get one possible 2 extra months out of them but can I be bothered. Hmmmm, with this kind of return it is worth considering. Must be getting over the 'flu then...........

[LyncusBee]

Thanks hedgey. I wonder if they will threaten to close my credit card down. Not bothered as I don't want to stay with them anyway.

 

They didn't close any of my accounts instead they just put stops on all my cards etc, effectively closing them down then continued to say we will review the situation when you pay us £xxx etc etc. To this day the stops remain and I am convinced no amount of repayments etc are going to remove them.

 

I claimed my charges back from the Halifax and they did the same effectively failing to renew my card even after I credited the account with over a £1000!!

 

No law against them will change the fact that they can just remove your facilities, in my case they didn't even inform me I only found out when the ATM's reported unauthorised transaction.... my cards were all worthless over night.

 

So it's not just the Co-Op using punitive tactics after claiming, though it smacks the hardest being that they image themselves as being `Ethical' Yeah right ethical in how they spend their profits not in how theu make them...

[sallysas]

They just don't have enough staff. I sent them lba and they have responded saying they need 4 weeks to look into it. Perhaps I will respond by reminding them how much more it will cost on a weekly basis if they fail to settle with the appropriate figures - or am I just being lazy.

 

Hedgey, the Manchester meet sounds like a lot of fun was had by all. Maybe next year........

[sallysas]

Evening all. My season of goodwill is now over. Have received a letter saying they sent me a cheque in June 2007.......... True, but this is a new claim for just one month. Good job I kept a copy of old claim spreadsheet - just call me cautious. Letter going in post this week letting them know I will give them 10 days to get their act together and then I am filing at court. Only claiming one charge back to 2000 but with contractual it comes to over £200. Happy New Year everyone; fight the good fight. Did I say this is a credit card account?

[sallysas]

They must be fed up of paying out. I received a letter stating my claim is statute barred as it goes back over 6 years. Sending this letter in reply.

 

 

 

 

 

Dear xxxxxxx

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxx

 

I refer to your letter of xxxxxxx stating that I cannot bring a claim as it is statute barred and you refunded charges dating back 6 years as a gesture of goodwill last year. In my original correspondence of 5 March 2007 I only asked for charges dating back 6 years to be refunded. At that time I was unaware that Section 32 of the Limitation Act 1980 made provision for older charges to be claimed. It is on that basis that I make my second and final claim. The section I am relying states:

 

(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

• (a) the action is based upon the fraud of the defendant; or
  
• (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
  
• © the action is for relief from the consequences of a mistake;

· the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

· (2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . .

 

 

 

 

 

 

 

 

My letter of 9 January 2008 stated that I required repayment in full within 14 days but as a gesture of goodwill I am prepared to wait until 02 March 2008 before commencing court action in order to allow you further time to reconsider your decision. I enclose a further copy of my original spreadsheet which I have already supplied with my previous letters.

 

I trust this makes my position clear.

 

Yours sincerely

 

 

 

 

They do seem to be getting tough but we shall see.

[sallysas]

I'm genuinely surprised but they have dug their heels in, stamped their feet and thrown the baby out with the bathwater.

 

They state that in law they can reject any claim for compensation where the cause of the loss was more that 6 years ago, or the claimant was aware, or should have been reasonably aware, of a potential loss more than 3 years ago. Now I was unaware that I could claim till I heard Martin Lewis on Radio 2 November 2006. Is it worth sending them another letter stating the 6 years starts from them or should I just file at court as they end up saying they do not believe section 32 applies. Any thoughts?

[sallysas]

Filed my N1 yesterday. My POC ran to 5 pages. Let's see what they do now.

[phatram]

Any chance you can post your POC please ?

Thanks

[sallysas]

Look at Page 37 http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/78659-macboy-halifax-hello-group-37.html which is where I amended mine from. I am going back further than 6 years as you probably noticed!!! All the best, Sally

[sallysas]

Hello people I'm finally back. Changing providers can take a while................

 

I'm completely out or touch regarding the test case naturally but the co-op have sent me a cheque for just a little less than I was claiming and I have banked it. Better let the courts know too. Can't be bothered to argue for £30ish (particularly as I was out on strike for 2 days last month) so can this be moved to the 'success' section please. Good luck to anyone still claiming.

 

Can anyone give me a suggestion as to where I can fairly quickly catch up on the test case and what it means to us.

[**Tilly**]

Another one down Sally, congratulations

 

 

Here is the link for all test case updates

 

 

OFT Test Case Updates and Discussion

[sallysas]

Thanks very much. Going on holiday to N Wales tomorrow so will read up when I return.

 

Unless anyone thinks I am barking I intend to accept the above offer as part-payment only and hold out for the outstanding £70. Am I being silly?