Confused help please

[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.

[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

[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

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.

[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

[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

[vint1954]

Re: Confused help please

That's the spirit.

Just enjoy Christmas

[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

[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

Thanks MrsD Will wait and see

[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

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.

[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

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

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?