CO-OP Bank Letter Not Acting in accordance with Credit Act (compensation?)

Options
1356711

Comments

  • antrobus
    antrobus Posts: 17,386 Forumite
    Options
    Whilst this preparation will be on-going, the Bank has made a re-assessment of certain likely future conduct costs and, as a result, the Bank expects to increase its overall provisions by approximately £100-105 million.


    The Bank’s estimates of existing provisions relating to customer redress have been revised, with these revisions relating primarily to a change in assumptions regarding the future costs of PPI redress, arrears charges and the processing of certain mortgage interest “first payments”. An additional provision has also been made in relation to the cost of customer redress that will be required following the identification of a technical breach of the Consumer Credit Act.


    http://www.co-operative.coop/corporate/Investors/RNS-news-releases/Update-on-provisions-for-conduct-risk/
  • loopdaloop
    Options
    Not sure in what way my post was spam . . .?

    It was off-topic, non-contribute and derailing the thread.
    Hence :spam:
    antrobus wrote: »
    Whilst this preparation will be on-going, the Bank has made a re-assessment of certain likely future conduct costs and, as a result, the Bank expects to increase its overall provisions by approximately £100-105 million.


    The Bank’s estimates of existing provisions relating to customer redress have been revised, with these revisions relating primarily to a change in assumptions regarding the future costs of PPI redress, arrears charges and the processing of certain mortgage interest “first payments”. An additional provision has also been made in relation to the cost of customer redress that will be required following the identification of a technical breach of the Consumer Credit Act.


    http://www.co-operative.coop/corporate/Investors/RNS-news-releases/Update-on-provisions-for-conduct-risk/

    Thank you ever so much for posting this.
    To the doubters, this evidences that there will be a 'cost' of customer redress and provisions have been set aside.

    This is very important for other people, such as myself and stirlingdave who have received this letter.

    Your link is very helpful as it enables a start to be made on reading around the subject to ensure that when recompense offers are made that we get fully what is deserved. :T
  • dunstonh
    dunstonh Posts: 116,539 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    we get fully what is deserved.

    you deserve nothing. However, you will probably get something.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • StirlingDave
    Options
    That link is very helpful and it's interesting to see it says 'will be required', not 'may be required'.

    There is a lot of nonsense in this thread. Anyone who believes that banks set their prices to achieve a set level of profit really needs to understand basic economics. The level prices need to be to be sustainable is set by the operating costs; the level prices need to be to be most profitable is set by the market. Refunding customers doesn't push up prices, it reduces profits. The amount of extra cash put aside suggests it's not going to reduce profits sufficiently to make the bank unsustainable, so won't make any difference to customers at all.

    It's also not true to say that a mistake in an annual statement in one year cannot affect the lifetime of the loan. If they have failed to provide what they were contractually obliged to do, they are in breach of their contract. If a breach of contract on their behalf invalidates their claim to interest repayments, then they will have to refund all interest repayments. Without knowing what the mistake is it can't be claimed that will happen, but it seems absurd that speculating one thing is wrong but speculating something equally as unfounded is appropriate.

    There is also no way that my credit record can be affected negatively by a loan ending earlier than agreed due to a banking error. It is also absurd that all the comments pushing negatively on this thread have omitted to correct such an obvious error. That's why I don't think the motives of many on this thread are about providing useful information and clarification.

    A refund isn't something I deserve or have earned, since I did nothing to contribute towards it and wasn't affected in any tangible way. But, it's something I'm entitled to if they broke the law. We live in a world where people park their cars irresponsibly and then use technicalities referring to the wording of signs to avoid fines. There is a huge difference between proactively seeking injustice and inadvertently stumbling across good luck. If people want to whine about others benefiting from technicalities, do so on a discussion were people are actively attempting to misuse the system for their own profits. Such situations are very different to what this thread is about.
  • loopdaloop
    Options
    Just an update to say I rang them today and they are still 'processing what to do'. A waiting game.
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    Combo Breaker First Post
    Options
    You are still confusing a criminal law, for which a fine may be due, with civil law, which compensates for losses.

    A fine may be paid to the Treasury or the FCA - but not to you.

    If you have not lost anything, or suffered no material distress or inconvenience, you should get nothing.
  • -taff
    -taff Posts: 14,557 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Options
    That link from antrobus was published in October 2013.
    Shampoo? No thanks, I'll have real poo...
  • speed_ie
    speed_ie Posts: 13 Forumite
    First Post First Anniversary Combo Breaker
    Options
    You are still confusing a criminal law, for which a fine may be due, with civil law, which compensates for losses.

    A fine may be paid to the Treasury or the FCA - but not to you.

    If you have not lost anything, or suffered no material distress or inconvenience, you should get nothing.



    If the terms of loan state that it is being carried out in line with the CCA, and it isn't, then the agreement isn't valid.


    Therefore any interest charged, was done so, against the rules of the CCA.


    I enquired, with Co-op, about changing the date of my standing order, bringing it forward 5 days.


    I was told this was not allowed, as it was a Fixed agreement(the interest rate and the repayment period are Fixed, but Co-op deem that everything is fixed and cannot be changed).


    I asked if I simply changed my date, what would happen.


    Their reply: It would be a technical breach of the agreement and we would demand repayment of the loan in full.


    They wouldn't have lost anything, or suffered no material distress or inconvenience, be me repaying slightly early, but they would've claimed technical breach.


    They cannot have it both ways.
  • dunstonh
    dunstonh Posts: 116,539 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    If the terms of loan state that it is being carried out in line with the CCA, and it isn't, then the agreement isn't valid.

    That is up to the courts to decide. There have been some successes on that front but in most cases, the courts have gone with the lender.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
    Photogenic
    Options
    I am in the same boat, except I have been making my payments as agreed, they have been fine with me and if I get nothing out of this mistake, I wont care as I haven't lost anything and they and I have honoured the deal we made.
    The truth may be out there, but the lies are inside your head. Terry Pratchett


    http.thisisnotalink.cöm
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.5K Banking & Borrowing
  • 250.2K Reduce Debt & Boost Income
  • 449.9K Spending & Discounts
  • 235.7K Work, Benefits & Business
  • 608.6K Mortgages, Homes & Bills
  • 173.2K Life & Family
  • 248.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards