Confused help please

[Oldandblue]

Re: Confused help please

Hi Cymruambyth
all thats in the bundle is current account statements starting from Dec 2000 showing a balance of £9543.78 o/d and transactions from then till 10 July 2009 balance Nil. Account closed
That's it. So I'am stumped

Well, if the balance is nil, then there's nothing owing on it......

That's what it says.

Thank you P1 for your reply.

I thought this was because my account had been taken over by Fredrickson''s
I continued to pay them for another 4 years, until I found AAD, and with advice from the wonderful people here I stopped the monthly payments,but CABOT are shouting for £6859 for a Coop overdraft which is a loan amalgamated with my current account back in 2000

[PriorityOne]

Re: Confused help please

Hi Cymruambyth
all thats in the bundle is current account statements starting from Dec 2000 showing a balance of £9543.78 o/d and transactions from then till 10 July 2009 balance Nil. Account closed
That's it. So I'am stumped

Well, if the balance is nil, then there's nothing owing on it......

That's what it says.

[Oldandblue]

Re: Confused help please

Hi Cymruambyth
all thats in the bundle is current account statements starting from Dec 2000 showing a balance of £9543.78 o/d and transactions from then till 10 July 2009 balance Nil. Account closed
That's it. So I'am stumped

[cymruambyth]

Re: Confused help please

What is on the sheet?

[Oldandblue]

Re: Confused help please

Thank you Cymruambyth Will ignore
I'am going through old letters and CABOT wrote to me on 13 Sept 13 acknowledging my letters of the 24 July and 15 Aug 13 and said that it is not unlawful or forbidden to merge a loan with and current account but they will send the CCA request to the Coop Bank and let me know when they are in receipt of same To date nothing.
Coop have already told me they don't appear to have it.
After re reading correspondence from the Coop re my SAR request they say due to the age of this account they are unable to recover any other history on the account but have enclosed a copy of a charge sheet for loan in 1999/2000 .
I've gone through a hundred and odd pages mostly blank and I can't understand what this charge sheet is , know I'am a bit thick but Charge sheet. Can you tell me what I should be looking for please

[cymruambyth]

Re: Confused help please

I would probably ignore for a while and see what they send next. At present they are not threatening anything, just being a pain.

[Oldandblue]

Re: Confused help please

Hi all,
CABOT again, I just don't seem to be able to get through to these people.
After their last letter in April I again informed them that they had again failed to comply to my CCA requests and my letters explaining that this was a LOAN account that had been amalgamated into an overdraft. But it just seems it's falling on deaf ears.
I have received a reply today from my last letter to them in April and they state as they are unable to contact me it may be that I need some help to understand this account more. NO I DON'T. If I am experiencing difficulties then they will spend some time to understand my personal situation and set up a payment plan for me as they are experienced in helping thousands of customers to being debt free each month. LOL
We need to talk to you as the balance needs to be cleared and this could affect my credit file and any new credit.
Once we know your financial situation we will help you with free advice for this and any other budget planning I need.
NO THANKS.

I have sent CCA requests to them, they replied with This is a current account overdraft so CCA does not apply.
informed them this was not the case, but the only replies I get now is PAY UP.

Sent SAR to Coop Bank. They said account to old it's from 1999 and paperwork was no longer available.

Any advice what to do next please as I'am really worried about this

[cymruambyth]

Re: Confused help please

With Cabot I have regularly sent letters saying please find enclosed a copy of my last letter, I am still awaiting your reply. Or ignore,

They like to go on and on and on, plus they seem incapable of understanding written English! If they keep phoning have you sent the 'I will only communicate by letter' template?

[Oldandblue]

Re: Confused help please

You may want to send something like the letter below to Cabot, but get other opinions on it before sending.

Forget the COOP for now, just deal with Cabot.


Dear sirs,
Your ref: xxxxxxxxxxxxxxxxxxxx
I refer you to my numerous earlier correspondence to yourselves, that you seem unable to understand. I will therefore try to explain the situation once more in simpler terms.
1. You state that I must make a CCA request to the original Creditor. I am afraid that you are wholly incorrect. You will be aware that when you purchase an alleged debt, you inherit not only any benefits, but also the obligations of the Original Creditor. As the current declared owner of the alleged debt, it is you and you alone that are responsible for responding to my request under s78 of the Consumer Credit Act 1974. Please do not try to mislead me further on this point. As I made the above request on xxxxxxxxxxxx, you will now be aware that you are firmly in breach of my lawful request. I suggest that you deal with this element immediately and without further delays.

2. Being experts in your field, you must be aware that it is unlawful to combine a regulated agreement with a Bank Account, which is unregulated. Before you suggest that the CooP Bank had a right of set off, you will be aware that a regulated agreement would have to be correctly defaulted and legally terminated before the CooP Bank could invoke the right of set off, and then there would have to be a credit balance in any associated account, recover any amount legally owed. An overdraft cannot simply be created at will. You must surely be aware of the regulations surrounding set off, so I am bemused as to why you would try and continuously attempt to mislead me in this matter. In case you remain in any doubt on this subject, I have extracted the text below from the Financial Ombudsmen Service website.

“The basic position is that a firm has a right - but not a duty - to look at a customer's overall position and to "combine" the accounts held by that customer. This is sometimes called a right of "set off" or a right to "combine" accounts. A firm has this as a general right, whether or not it mentions the right in the account terms. So, in the examples above, the firm can transfer money from an account that is in credit in order to make payments due on another account. But it does not have to do this.”

The Coop bank have indicated that the amalgamation of the Regulated Agreement and the current account was part of an agreed Debt Management Plan. I can advise that I have no records, nor have I ever received any communication to this effect. I would add that COOP Bank are unable to provide any documentation to back up their position, just referring to a phone call, which clearly will not do in this situation as I am sure you will agree. In any case such an amalgamation would not be lawful, as you will be aware.
You will clearly see from the above, that the Coop Bank have acted unlawfully and that you have now inherited this mess. I expect you to now resolve this wholly unacceptable situation within 7 days of the date of this letter.
Any further attempts to mislead me in the future will trigger immediate complaints to the apposite authorities.
Yours
Sign digitally

Thanks Cymruambyth but I have already done that, they take no notice, every time I send them a letter they just reply with the same The above was the last letter I sent in Dec 13 and since then I have had numerous phone calls and letters Pay up or else.
I have previously sent CCA & SAR requests to the COOP BANK but no loan agreements from them as they say they no longer have this as it is a very old account.
So I think I'am wasting my time Any other suggestions please?

[cymruambyth]

Re: Confused help please

You need to send them the failed to comply with CCA request template. Have you signed in to the new website as this is now needed to access templates. http://forums.all-about-debt.co.uk/s...bsite-Live-Now!

[Oldandblue]

Re: Confused help please

Hi Everyone,
Can I start by Wishing you all a Very Happy and Peaceful Easter

Its been a while, but CABOT have reared their head again. Started with phone call which I answered, It was them I asked them where they have obtained my mobile no from and told them NOT to call again and again told them to put everything in writing.

Have now received a letter from them asking for my proposal for payment and to complete a I&E form.
just wanted to check what was the best way to proceed as they still have not complied with my CCA requests.

[vint1954]

Re: Confused help please

And you obviously WON'T recall any such call from them.

Regardless they if they are changing to a new product, it would have been in writing.

[Oldandblue]

Re: Confused help please

Thanks MrsD Will wait and see

[MrsD]

Re: Confused help please

You need that information in writing, see what comes back from them and we can take it from there

[Oldandblue]

Re: Confused help please

Hiya, Sent the COOP an email on Monday asking them to supply the omitted info from my SAR for the so called agreement that I was supposed to have entered into with them back in 2000 for the amalgamation of my loan and current account and them to supply the signed copies of same
Just had a phone call from them today I know I should not speak to them on the phone but I thought I would listen to what she had to say. Confirmed there is NO written agreement. Knew that she said it was notes made at the time from phone calls I had with them and she will forward these on to me, and as for the CCA this is no longer available due to the length of time that has elapsed,
So am I right in thinking that CABOT can't make me pay them