Confused help please

[Oldandblue]

Re: Confused help please

Hi, that's just what I was thinking. It's my own money anyway what the ripped me off for all the charges

[PriorityOne]

Re: Confused help please

Hiya Update on the 2 letters (#31) you drafted for me to Coop and Cabot
SAR received from Coop No Agreement for loan and nothing about my current account or any overdraft they said that these accounts were to old
Received letter today from Cabot they say as far as they are aware it is not unlawful or forbidden to merge a loan a/c with a current a/c. In relation to my credit file they do not believe they have breached the regulatory guidelines as they are unable to locate any evidence that Cabot have reported on this and can I send them a copy of my credit file No chance anyway they have already removed the default they put on in march this year (3rd for this account)
They've sent copy of Notice of Assignment but nothing in the SAR bundle from Coop
have asked me to phone their collections team within 21days to arrange payment
Can you advise me what to do now. Thanks

I always love the "as far as we are aware" responses. Anyone demanding payment from you, needs to be damned sure of what they're doing and this kind of response is fluff. I would be inclined to write back asking them to liaise with their legal team and state clearly the point of law that their "awareness" is relying upon..... but thank them very much for confirming their "awareness" that accounts had indeed been unlawfully amalgamated prior to an alleged balance being sold to them.

As Niddy says, it's a no-no to amalgamate accounts and I pulled Moorcroft up over this one years ago.

[Oldandblue]

Re: Confused help please

[QUOTE=Oldandblue;353744]Hi everyone, it's been awhile been waiting for reply to above from Co op. Received letter today.
Brief outline. Loan taken out over 10 years ago so information is limited
june 2000 they say they explained to me that the loan and current account would be amalgamated in line with the default process
they must clarify that an overdrawn balance on a C/A is regulated under CCA 1974 but unable to substantiate if it applied at this
as statements no longer available.
Their decision is Amalgamated accounts in line with their debt management process and if I had concerns they should have been
raised within a reasonable time. As it is over 13yrs ago. They cannot investigate the matter further and my complaint is Rejected.
and the debt remains due so pay CABOT
This is our final response unless I give the new or further info.

Enclosed is a cheque for £250 in settlement

Hi some advice please Received letter today from CABOT pay up or else already sent CCA request to the months ago and they said they did not have to give me this. The CO OP have already said that they don't have a copy of the agreement so what would you suggest as my best course of action. Repeat the CCA

[Oldandblue]

Re: Confused help please

Sorry back again, getting more and more confused Been reading through the template letters to see which one to send to CABOT in reply to their pay up or else letter today Already sent CCA77/79 request but said this was not a loan it was an overdraft. The COOP have confirmed it was a loan turned into an overdraft
so should I send CCA 77/79 again or the one for the overdraft or both. Thanks

[Deepie]

Re: Confused help please

They cannot transfer a regulated loan into an overdraft. That's a huge no-no

Sorry back again, getting more and more confused Been reading through the template letters to see which one to send to CABOT in reply to their pay up or else letter today Already sent CCA77/79 request but said this was not a loan it was an overdraft. The COOP have confirmed it was a loan turned into an overdraft
so should I send CCA 77/79 again or the one for the overdraft or both. Thanks

I'd be sending---> CCA Reminder - Unenforceability Threat and reminding them this was a loan and not an overdraft

[Oldandblue]

Re: Confused help please

Hi Deepie. Thanks for that can I just ask will I send it to CABOT. Or THE COOP. Also I know that they can't transfer a regulated loan into an overdraft but the COOP say in their last letter that in 1999/2000 that the law allowed this and I was made aware of what they were going to do and I did not complain at the time. Funny when she had already stated that everything to do with my accounts had been destroyed years ago

[Deepie]

Re: Confused help please

Hi Deepie. Thanks for that can I just ask will I send it to CABOT. Or THE COOP. Also I know that they can't transfer a regulated loan into an overdraft but the COOP say in their last letter that in 1999/2000 that the law allowed this and I was made aware of what they were going to do and I did not complain at the time. Funny when she had already stated that everything to do with my accounts had been destroyed years ago

just send it to cabot for now.....and try an relax

[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

[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

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

[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?

[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.

[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

[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 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