Confused help please

[vint1954]

Re: Confused help please

That's the spirit.

Just enjoy Christmas

[Oldandblue]

Re: Confused help please

Hi Guy's and a big THANK YOU for your help,
for the last 3 Christmas's I've been very ill with 2 lots of cancer and I'm determined to have a good'un this year so I'll get that letter off tomorrow then sit back and relax and F THEM

[SXGuy]

Re: Confused help please

What they say was said on the phone means nothing, they need proof of this in writing. Get that letter off which Vint has given you and see what happens. Try not to stress, they are clearly in the wrong, no matter what they tell you

[vint1954]

Re: Confused help please

I would stop worrying about this one.

They have clearly messed up and are trying anything to cover their error.

You need to remember to maintain your stance, in that it was only this year that you learned of the amalgamation. Coop have no documents to back up their position.

[Oldandblue]

Re: Confused help please

Hi, in FEB 2001 their recoveries dept phoned me, they asked about what I had coming in and what I was paying out but I never signed anything , it was all verbal, even the 6monthly reviews were done over the phone and all they asked was had I had a change in my circumstances, I never had any correspondence from them not even a statement the account was then passed to Phoenix and then to Fredrickson . When they started badgering me I asked for Statements again and in 2010 I received these and that's when I found out what the COOP had done so I asked Fred's. for CCA next thing I here was in March 2013 from CABOT who said that they had bought my account and pay up or else. I phoned the CO OP and asked if this was correct and also queried why my current account was showing a £9817.94 overdrawn balance she kindly looked into this for me and told me someone had made a big mistake and to write in and complain so I did but getting nowhere fast.

[vint1954]

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

[vint1954]

Re: Confused help please

Did you actually fill out an I&E form at any time?

To amalgamate the accounts, they would have needed your written agreement. Did they write to you?

They can say what they want regarding phone calls, but with regulated agreements, if its not written, its not said. They would need to clearly set out the implications t you in writing.

[Oldandblue]

Re: Confused help please

Hi Cymruambyth,
that was a reply to an official complaint I sent them previously I think it's just a excuse to try and cover themselves for the mistakes that have been made.
The person who investigated this has her fact wrong
she said that I contacted them on 9 June 2000 because I was in difficulties and they explained to me that my loan and current account would be amalgamated and if I sent a I&E in they would look to agree to a Debt Management Plan
she goes on to say they received a completed I&E an a DMP was arranged, now under the debt management process they were allowed to amalgamate the accounts as an overdrawn balance on a current account was regulated under the CCA 1974, so they went ahead and done this , as this was fully explained to me on more than one occasion why have I waited 13 years to complain.
Funny thing is being the old fool I am I paid my loan until Dec 2000. Had no option as my sick money was paid into banks do they grabbed the lot. In Jan 2001 I had enough and stopped my money going into the bank I contacted them in Feb 2001 an offered a token payment of £1 which they accepted, so I don't know where she's got this info from.
i was overdrawn in June 2000 but this was on the 21st it was £253.01 loan payment which I was late with and £88.28 charges for this making my account £341.29 O/D and I have my statements to prove this. So I don't know where she is getting her info from. Oh she enclosed a cheque for £250 for my trouble. Something is not right here

[cymruambyth]

Re: Confused help please

My first thoughts are to make a formal complaint that they have failed to supply all information in earlier SAR of date etc. secondly to the ICO. See what others suggest

[Oldandblue]

Re: Confused help please

Hi again, my head is in turmoil but I'am determined to get to the bottom of this one way or another.
Can I ask when you send for a SAR asking for ALL info they hold on me do they have to give me this.
its just that the COOP sent me a letter saying that they have info in their files about my account which they are using to argue certain points with me, also they say they have no trace of a SAR request from me and to send another request .ii find this very strange as I have already received this from them and the supposed info they have is not included
wonder what they're up to now

[vint1954]

Re: Confused help please

They are missing the point here by a country mile.

Niddy has said on many occasions here that they cannot turn a regulated agreement into a non regulated agreement The CCA stops them doing that.

They would have a right of set off to take missed payments from your coop bank account to pay your coop loan, even to pay the loan in full if you had defaulted, they had terminated the agreement and it had been closed. You would have to have had enough money in your account though, to invoke the right of set off. It is unlawful to put your bank account into debt when they off set. There has to be a credit ballance.

[SXGuy]

Re: Confused help please

Heres a thought, if they have confirmed they have no record of anything, but also state you was made away of the change. Ask them for proof you was notifed of this, and given a chance to object It may well be, you were never told, thus had no chance to object. Could be an FOS matter there?

[Oldandblue]

Re: Confused help please

Rottweilers or what? Oh sorry doggies didn't mean it as a insult to your breed

[Deepie]

Re: Confused help please

RELAX. Wish I could blood pressure through the roof I really must try harder and put these jokers out of my mind for now. Thank you

I've 3 account with Cabot....been playing letter tennis now for about 3 years.........

[Oldandblue]

Re: Confused help please

RELAX. Wish I could blood pressure through the roof I really must try harder and put these jokers out of my mind for now. Thank you