C0-Operative Bank- Ex Northern Rock

[roygoodbeat]

Just a bit of advice. I have an Ex Northern Rock CC, now with Co-Op credit card. Fell into hard times last year, went into arrears. I now want to sort some things out and establish where I am.

I did the Subject access request and section 77/78 request. This is a copy of my credit agreement, which I am told does not comply to the regs:

http://i663.photobucket.com/albums/u...RTHERNROCK.jpg

I also had a default and termination notice last year.

The default notice was dated Saturday 8th August 2009. The arrears amount was correct but the date that the arrears needed to be paid by was Saturday 22nd August 2009. I also received a termination notice which was dated Saturday 22nd August 2009.

I am I correct in saying that the default notice is also faulty and that I am only liable to the sum that was outstanding at the time of the unlawful termination?

I want to write to the debt collection agency that have been writing to me. What should I write, if anything?

[LuggerBugs]

Re: C0-Operative Bank- Ex Northern Rock

Just playing Devil's Advocate here for a moment... but why do you think the agreement is non compliant? What would happen, for instance, if the Terms and Conditions mentioned as being overleaf were to turn up?

[Amethyst]

Re: C0-Operative Bank- Ex Northern Rock

You want to repay what you borrowed but not the additional default charges etc ? ie the amount outstanding when the termination took place. Doesn't sound from what you are saying that you are trying to avoid the entire debt, you just want it accepted on an affordable repayment plan ?

The DN would have been served on the 10th so they should really have given you to the 24th August before terminating the agreement.

But then if they had would it have made a difference ? ie. would you have contacted them on that Monday and arranged a repayment plan etc ? (seeing as you have now left it over a year it is probably unlikely)

Whats the difference between the arrears (that you would have had to pay under default) and the total sum left (that you have to pay now the accounts terminated).

They will bring up the T&C's so I wouldnt even worry about that at this stage. Are there any other reasons the agreement may not stand up ?

It really depends what you want to do ? Are the DCA continuing to pile charges and interest onto the debt or are they just sending the odd threat o gram - and out of interest who is the DCA?

[roygoodbeat]

Re: C0-Operative Bank- Ex Northern Rock

I am looking to see where I stand in this.

I am trying to get back on my feet and support my family, so the lower my debts, the better.

I am not trying to get out of paying anything, I am only looking to pay back what is legally enforceable through the courts. I am a little angry with the way some banks have handled things and what it appears that they can get away with.

I am just using the law to protect myself and pay what I legally have to.

The credit agreement that they have sent is an application form. It is missing a number of precribed terms that would make it enforcable through a court of law.

However, the default notice is also incorrect. I did write to the lender after this had been served accepting the unlawful termination of the account, which of course has been ignored by the lender. The balance outstanding is about 13,000 but the arrears at the time were £1,300.

The account was also in dispute as the lender at the time had not responded with all the information on my subject access request and section 78 request.

After seeking advice, I was advised that legally as the default notice was incorrect and that the account was terminated, the lender could only enforce the arrears, less any unlawful charges and a potential claim for unlawful termination.

Is that correct? What can / should I do in terms of writing to the latest debt collection agency as I would like to settle this dispute?

[roygoodbeat]

Re: C0-Operative Bank- Ex Northern Rock

Have checked the t&c's they have sent with the front copy of the application form. The first set is for a Northern Rock credit card. The T&C's are from the internet and would have applied to their Internet account.

The second set is from the Co-Operative Bank, but no mention of apr's and hardly anything that should be on there.

The account was linked to a Northern Rock Together Mortgage and came with the mortgage application. Neither of the T&C's relate to an account I had.

If the correct T&C's turn up, that's fine. If they are compliant, that's OK. If not, I am sure I am liable only for the max the outstanding at the time of the default, less any unlawful charges and interest when the account went into dispute.

[roygoodbeat]

Re: C0-Operative Bank- Ex Northern Rock

Had another Debt Collection Agency write to me.

I have accepted the Co-Op's unlawful termination of the account (Less unlawful charges and claim for unlawful termination) a while ago.

Can anyone recommend a letter I can write back.

[roygoodbeat]

Re: C0-Operative Bank- Ex Northern Rock

Can anyone assist with this situation. Despite accepting the unlawful termination and advising the latest debt collection agency, they have ignored this and are uping the tone of their letters.