Help with the Un Co-operative Bank!

[zahrip12]

Hi everybody,

Been a difficult few months personally but I would now like to update as it may well assist others that find themselves in the same position as me.

After my last post I felt I had better read a great a number of threads on CAG. This I did and it helped me immensely. The knowledge gleaned gave me a great deal of confidence. Thanks to everyone.

Regarding my case, I originally put in my defence (which was very poorly constructed as it was prior to my knowing of CAG) and a counterclaim against Un cooperative for the charges they had levied against me over the past 6 years.
The court gave directions requesting the Un Co operative to provide a breakdown of what were principle debt, interest and charges along with proof of their authority to raising the charges

I was to confirm the sum I disputed and/or admit.

The Un co operative then issued an application notice requesting the court ‘strike out my defence’ on the grounds of ‘no reasonable grounds for defending the claim and requested a hearing to that effect.

The court confirmed this would take place in November 08

Cobbett’s solicitors acting for the Un cooperative then sent a lengthy witness statement incorporating the courts previous directions.

I responded by stating that the Un co operative had still not complied fully with my previous Data Protection Act requests – going back to early 2008. I had received some info – but piecemeal – however no agreement.
I also submitted an Application to the court stating that they had not complied with full disclosure.

The Un cop operative said they would look into it and Cobbett’s sent an ineligible copy of an application stating it was my agreement with them and that it had a credit limit handwritten on it on it as well as being signed by me, along with my address.
They confirmed they were still proceeding with the up and coming hearing.

Cobbett’s then decided to ‘scare me’ and sent me a letter enclosing their costs to date of approx £2500.00. I didn’t understand this as it was a small claims court and therefore I believed they couldn’t claim these from me.

A few days prior to the hearing they sent me more items from my file under my Data Protection Act request. I had by now requested info from them under the Data Protection Act several times.

I requested they confirm I had everything that I was entitled to – this they would not do – they asked could I confirm what I would require. Lots of flannel!!!
I eventually lost patience and after speaking with the Information Commissioner`s Office submitted a complaint to the Information Commissioner`s Office regarding the lengthy delays in sending me my copy file. This all being a few days prior to the court hearing.

I wrote to the court requesting an adjournment to the hearing. This was Ignored by the court.
I felt I had to attend. At the hearing I was able to put a defence together by researching CAG. I highlighted the fact that the Un cooperative had not supplied a legible agreement. Also an incorrect account number on the application form they submitted. They submitted no relevant T&C’s and no default notice.

The Judge stated that the section 127 had been repealed in 2006. I highlighted to the judge that he was incorrect as the relationship was prior to this and therefore CCA 1974 applied.


He accepted I was right. He asked if I admit to any of the claim. I said no.
Therefore he gave leave for the Un co operative to retype the purported agreement and to call any witnesses they wished but dismissed their application for a ‘strike out’. He also allowed me to serve any amended defence.

A full trial date was scheduled.

The Un co operative then submitted a second witness statement.

I in turn with CAG’s assistance submitted a fuller defence – 17 pages in all.

Cobbett’s responded by making an offer of accepting approx 40% of the amount they claimed.

I did not respond.

Cobbett’s then wrote to me several days prior to the court date stating “our client has made a commercial decision to discontinue the above Claim and we enclose a Notice of Discontinuance”

The current position is that I have written to Cobbett’s stating I will only consent to Discontinuance if they remove all the negative credit entries and stop processing any information about me.
In addition I requested payment of the charges they levied against me and also costs.

Awaiting their response!!!

[maroondevo52]

Hi, zahrip.

Well done on getting this far, sounds like a lot of things are going your way.
I'm going to 'flag' this up to see if any other Mods would like to comment or give any further advice.

Regards.

Scott.

[Bincrunched]

thx for responding so quickly.

Couldn't have got this far without the info gleaned from CAG. Still not that confident so any input would be greatly appreciated.

Regards

[zahrip12]

Thank you Scott,

I let you know when i get a response from them.
In the meantime if anyone can add anything it would help me a lot.

[42man]

If they discontinue then you are entitled to a wasted costs order have a read of these - PART 38 - DISCONTINUANCE - Ministry of Justice

http://www.consumeractiongroup.co.uk...ml#post1805020

http://www.consumeractiongroup.co.uk...ml#post2171743

However if you haven't incurred too many costs then you could waive them in exchange for them removing any adverse information that they may have placed on your file.

[zahrip12]

Good morning 42man

thanks for your input - as small claims I believe I can claim some costs but not sure exactly how to calculate. I will admit there was a great deal of work involved in this case which took up a great deal of time. I would like to claim and then donate some to CAG. Istheir a template for claiming?
Regards

[citizenB]

Hi, surfaceagentX20's post in the following link includes a draft wasted costs order in pdf format. Read the post which will give some help then use the drafts to help you with your own claim.

http://www.consumeractiongroup.co.uk...t-1701510.html

HTH

[zahrip12]

Much appreciated citizenB
Will update when calculated

Thx

[zahrip12]

Hi everybody,

Just received letter from Cobbetts - who state that as far as the Un coperative are concerned the matter is closed and that I need to submit a breakdown of my costs to them so they may take instructions from the un Co operative.

They have ignored my request for removal of all negative data and to cease processing any further data and also my claim for charges.

Any suggestions on what I should do next anyone?

Regards

Z

[diddydicky]

Originally Posted by zahrip12

Hi everybody,

Just received letter from Cobbetts - who state that as far as the Un coperative are concerned the matter is closed and that I need to submit a breakdown of my costs to them so they may take instructions from the un Co operative.

They have ignored my request for removal of all negative data and to cease processing any further data and also my claim for charges.

Any suggestions on what I should do next anyone?

Regards

Z

did they terminate you?

i have the same thing, illegible docs defectie DN and this morning a termination letter

any chance you could post up or e mail your defencce?

dick

[zahrip12]

Will do

[diddydicky]

Originally Posted by zahrip12

Will do

that would be most helpful- ill pm you my e mail in case you find that easier

[zahrip12]

Hi diddydicky,

All done.

[zahrip12]

Hi everyone,

Anybody have any thoughts on my response to the Un Co operative? I am not sure how to word my demands for no negative processing and reclaiming my charges. As I counterclaimed I assume I can continue with my claim for charges irrespective of thier discontinuance notice

Thx
Z

[diddydicky]

Originally Posted by zahrip12

Hi diddydicky,

All done.

received Ok that's very useful thanks ill keep you in touch with progress

dick

[zahrip12]

Hi everyone,

Quick update - calculating the wasted costs to hit the uncooperative with - taking far longer than imagined

Also the court informed me today that the case was filed as the Un Co op had discontinued.
I assume that my counterclaim against them for my charges also gets binned? Any advice anyone please?

Also as they did not admit to not having a properly executed CCA can I force them to remove any adverse credit entries? Do I need to apply to the court to get them to admit No agreement via CPR route as raised by pt 2537?

Any advice would be really helpful.

Thx

[ltc1607]

sub

[zahrip12]

Submitted my costs to the Un coperative and will await their response.

Also received confirmation from Information Commissioner`s Office that the Un Co op breached the Data Protection Act so I have also hit them with damages.

Can anyone give me any feedback reference my 14 July post?

Will keep you posted
Regards

Z