co-op bank has no signed aggreement

[diamond]

hi all
i contacted my credit card issuer, to ask for the 1. signed aggreement,and 2. complaint regarding there monthy fee. i have received the final responce , they advised in there letter that they do not have a copy of my signed aggreement and to try to substantiate my query regarding monthly fees, they cannot provide me with copys of letters sent only sample letters.in effect they told me its a old ex - northern rock base rate tracker card that they inherited and they dont have much to help me with.my next call would be the f.o.s, but before i go there can anyone advise the correct terminology as i beleive this to be a "Irredeemably Unenforceable agreement".
christopher.

[BuzzyBee]

Re: co-op bank has no signed aggreement

Are you still paying this card or have you defaulted on it?

Only a court can rule an agreement as irredeemably unenforceable, and that refers to cases where the agreement you signed did not contain all the necessary terms, or you didn't even sign an agreement to start with. It would only apply if you took out the card before April 2007. Accounts can also be unenforceable if you send a CCA request and they don't comply, but these are not irredeemably unenforceable. They could come up with the agreement or a recon of it at any point. Also there is no need for a signed agreement to be enforceable.

All that enforceability stuff is only relevant if you have defaulted on the account.

[Roger]

Re: co-op bank has no signed aggreement

hi all
i contacted my credit card issuer, to ask for the 1. signed aggreement,and 2. complaint regarding there monthy fee. i have received the final responce , they advised in there letter that they do not have a copy of my signed aggreement and to try to substantiate my query regarding monthly fees, they cannot provide me with copys of letters sent only sample letters.in effect they told me its a old ex - northern rock base rate tracker card that they inherited and they dont have much to help me with.my next call would be the f.o.s, but before i go there can anyone advise the correct terminology as i beleive this to be a "Irredeemably Unenforceable agreement".
christopher.

I STRONGLY suggest that you look at the Unenforceable Diary entries and set out your details like say this

Original Creditor:
Type of account :
Date commenced :
Approx balance :
Date last paid :
Are you on arrangement or not paying:
Status (default/in arrears/up-to-date) :
Account owner (who is writing to you, a DCA or the lender):

Its not clear from your entry what you mean by contact. You will get BETTER ADVICE here if you can give more details.
Did you send a s.78 request and enclose a £1?

[diamond]

Re: co-op bank has no signed aggreement

hi buzzybee
the card was taken out in 2001 or around that date, there is no defaults on this account. i complained to the bank via the telephone. i wanted a copy of my aggreement to check it over as there was never a mention of a monthly fee. the fee started when they inherited this account .it was £2.00 now its £6.00 monthly. i am unsure if the aggreement was ever signed as they cannot find it or try to replicate it. the back of the statement dated september 2016 states northern rock base rate tracker cards fees should be £2.00 , i cannot understand where the £6.00 comes from.
chris.

[MrsD]

Re: co-op bank has no signed aggreement

hi buzzybee
the card was taken out in 2001 or around that date, there is no defaults on this account. i complained to the bank via the telephone. i wanted a copy of my aggreement to check it over as there was never a mention of a monthly fee. the fee started when they inherited this account .it was £2.00 now its £6.00 monthly. i am unsure if the aggreement was ever signed as they cannot find it or try to replicate it. the back of the statement dated september 2016 states northern rock base rate tracker cards fees should be £2.00 , i cannot understand where the £6.00 comes from.
chris.

so are you still paying this? does it have a balance?

was all of this done on the phone? do you have any of this information in writing?

no one, not a bank or any other company can add on fees without it being in a contract somewhere, so their reply at the moment is absolute nonsense.

[diamond]

Re: co-op bank has no signed aggreement

theres still £3,000 owing. i am still paying this monthly, i complained over the phone and they have responded , apologising that they cant find the agreement and they cant find any original letters direct to me regarding fees. they have enclosed only sample letters of what the original should have looked at , but they are unsure i was sent them just pressuming . i can upload the reply and a copy of my statement if it will help you.
chris.

[MrsD]

Re: co-op bank has no signed aggreement

so they are just carrying on as if you never spoke to them?

ok so get on to the co-op website and make an official complaint in writing, detailing exactly what your problem is, ie the fees which appear to have appeared from nowhere.

you must complain in writing and they have to address it, or you can go to the ombudsman, did their reply mention anything about that or is this someone trying to palm you off?

[MrsD]

Re: co-op bank has no signed aggreement

have a read here

http://www.financial-ombudsman.org.u...complaints.htm

[diamond]

Re: co-op bank has no signed aggreement

yes the co-op bank has investigated and given there final response together with a f.o.s leaflet . i will take it to the f.o.s , i was wondering if the aggreement was legal since there is not a true paper trail. i am at a disadvantage as i cannot refer to it??. would it be wrong to tell the fos that i beleive the agreement is not enforceable based on this?
chris.

[MrsD]

Re: co-op bank has no signed aggreement

only a court can decide if a contract is enforceable or not and you are not near a court as you are continuing to pay. I would follow the procedure for the FOS and see what happens. We bank with the co-op and they have messed up quite a few times with us, I have NEVER failed to get compensation for their messups. Go for it.

[Pixie]

Re: co-op bank has no signed aggreement

Uneforceability really only matters if you have defaulted on payments or will default and you're not bothered about your credit rating being trashed.

Your issue seems to be the fees. Have you had no explanation why the fees have increased? I would do as MrsD suggests and complain via the co-operative bank's website.

[BuzzyBee]

Re: co-op bank has no signed aggreement

hi buzzybee
the card was taken out in 2001 or around that date, there is no defaults on this account. i complained to the bank via the telephone. i wanted a copy of my aggreement to check it over as there was never a mention of a monthly fee. the fee started when they inherited this account .it was £2.00 now its £6.00 monthly. i am unsure if the aggreement was ever signed as they cannot find it or try to replicate it. the back of the statement dated september 2016 states northern rock base rate tracker cards fees should be £2.00 , i cannot understand where the £6.00 comes from.
chris.

yes the co-op bank has investigated and given there final response together with a f.o.s leaflet . i will take it to the f.o.s , i was wondering if the aggreement was legal since there is not a true paper trail. i am at a disadvantage as i cannot refer to it??. would it be wrong to tell the fos that i beleive the agreement is not enforceable based on this?
chris.

OK, so forget about enforceability or setting up a diary, that only applies to accounts you have defaulted on, which would also impact your record. Enforceability refers to when they take you to court, whether they are able to obtain a CCJ against you or not. This would only go to court if you stopped paying, it's not relevant for the purpose of the fees. If the fees are stated as £2.00 and you are being charged £6.00, you have a cause to take it to the FOS after you've complained to the bank as you have already done. You may be able to reclaim those extra fees with statutory interest.