Confused help please

[IF]

Re: Confused help please

I'm so pleased for you too Oldandblue (not so old and blue now eh!!) and brilliant letters from Nid

[Oldandblue]

Re: Confused help please

Hi MISSY thanks for your reply. Yes the letters are cracking . I haven't discovered what UE is yet and I will read your diary
I'm still trying to find my way around here but I'll get there, I just found AAD this morning nearly pass it by. Soooo glad I didn't

[fluffystuff]

Re: Confused help please

Hiya Never-In-Doubt I can't THANK YOU enough for your help wish I found you all a long time ago and these NUMPTIES would have sat up and took notice but I was just plodding along with bit of info I was picking up on the net. Your letters are FIRST CLASS I could not have done that myself especially as I'm not firing on all cylinders at present due to my illness. I will get cracking writing them today and sent them recorded delivery so they can't say they didn't receive them again.
I will follow your instruction to the letter and stop loosing me loaf and pick the phone up it doesn't get me anywhere at the end of the day. Toady has been a really GOOD DAY for me and I'm feeling better all ready. You are all so confident an hope it will rub off on me cos when I get this lot sorted I've got another one to start with but not in a mess like this one
Anyway I must stop babbling on and say again a BIG THANK YOU TO YOU ALL Will let you know what happens when they reply or get the SAR

I told you that you would get the answers you needed didn't I!

So pleased that you are ending today feeling a whole lot better than early this morning.

[SA Gold]

Re: Confused help please

Fair play Nid, those letters are bang on!

[Oldandblue]

Re: Confused help please

Hiya Never-In-Doubt I can't THANK YOU enough for your help wish I found you all a long time ago and these NUMPTIES would have sat up and took notice but I was just plodding along with bit of info I was picking up on the net. Your letters are FIRST CLASS I could not have done that myself especially as I'm not firing on all cylinders at present due to my illness. I will get cracking writing them today and sent them recorded delivery so they can't say they didn't receive them again.
I will follow your instruction to the letter and stop loosing me loaf and pick the phone up it doesn't get me anywhere at the end of the day. Toady has been a really GOOD DAY for me and I'm feeling better all ready. You are all so confident an hope it will rub off on me cos when I get this lot sorted I've got another one to start with but not in a mess like this one
Anyway I must stop babbling on and say again a BIG THANK YOU TO YOU ALL Will let you know what happens when they reply or get the SAR

[Never-In-Doubt]

Re: Confused help please

The above should resolve all elements from the credit agency records, to the merging of accounts to Cabot and where you go next.

Can you update us here with any replies before sending anything else to either firm - you need to follow our process if you want to win this fight. If you go and speak to them on the phone and/or send letters back and forth then forget it - we simply cannot help.

As you'll see, we will get you somewhere - so trust us, update this thread with any updates and we'll go from there.

Good luck

[Never-In-Doubt]

Re: Confused help please

Hiya

Ok, you need to send a couple of letters - you will send these quoting both the correct, original account numbers - one for the bank account and one for the loan account.

The following will be sent to Cabot, using the address within the letter below. Note, with this you need to use the reference number they are quoting on their letters to you. You also need to attach a copy of the second letter below, to Co-Op, to Cabot as we refer to the copy attached.

Cabot Financial (Europe) Limited
PO Box 241
West Malling
Kent
ME19 4NA


Dear Sirs,

Your Ref: xxxxxxxx

I write with reference to recent correspondence.

There is an ongoing dispute with the original creditor, Co-Op Bank, which maybe you're unaware of so to avoid duplication, instead I have attached a copy of my letter to them. I also have an outstanding s.7 DPA(1998) Subject Access Request pending action by the original creditor. They are allowed up to 40 days to respond so please leave me in peace until the original creditor gets back to me with both the content requested within the attached letter and my recent Subject Access Request.

However, in the meantime I draw your attention to the libellous data you are submitting to the credit reference agencies. As you will see from the attached letter to the Co-Op, this account was properly defaulted already in the past. You have no legal right to add a second default upon expiry of the original one. I suggest therefore that you remove all traces of Cabot and these accounts from all credit reference agencies immediately.

I may yet seek legal advice as to your libellous reporting, which is having a severe effect on my ability to obtain mainstream credit.

I look forward to your confirmation of removal of the unlawful default entries, supplied to the credit reference agencies within the next 7 days.

Yours faithfully,



Sign Digitally

See how to sign digitally here --> User Guide - Sign Digitally - allaboutFORUMS

-----------------------------------------------------------

The following will be sent to Co-Op, using the address within the letter below. Note, with this you need to use the original account numbers for the bank and loan account. You also need to send a copy of this to Cabot, with their letter above.

Customer Relations
The Co-operative Bank Plc
4th Floor
Miller Street
Manchester
M60 0AL


Dear Sirs,

Bank Account: xxxxxxxx
Personal Loan: xxxxxxxx

I write with reference to recent correspondence and the above two accounts as detailed and numbered above.

I am rather dismayed at events of late and wish to formally complain about the way in which not only Co-Op have behaved, but also the way your appointed debt collection agencies have behaved.

I must start by stressing that I had two separate products with you, one was an unregulated bank account and the other was a regulated personal loan. Let's not confuse the two, one must be properly sold to a customer with certain prescribed terms present at the time of signature whilst the other is more informal and can be operated without any such legislative boundaries.

The bank account was opened around 1993 and the loan in question was opened around 1999 - some 6 years after the bank account.

Ok, so from memory of events at that time I recall falling into financial difficulty around the turn of 2000 and requested my bank account be closed around May 2000. This request was ignored, and for some reason you tried to take a loan payment from the bank account thus sending me into an unauthorised overdraft situation - something strictly forbidden within OFT Guidelines. Different if I already had an overdraft and/or funds from which to absorb the loan payment but I did not. The balance at the start of May 2000 was £0 - ready for account closure. Then for some crazy reason I notice that in July 2000 my bank account balance was overdrawn by -£9825.09.

Clearly you have amalgamated two accounts, fine - if you want to do that for accounting purposes great but the problem here lies with the fact you have unlawfully tried to merge a heavily regulated product (a personal loan) into an unregulated bank account which is strictly forbidden. You simply cannot do this.

Therefore, and as a result of your actions, both the bank account and loan are seriously in dispute. How on earth am I supposed to manage what is happening with these accounts when you've merged them thus applying wrong interest rates, wrong charges, wrong APR's - the lot. It is a mess from start to end. The bank account, for instance, was a zero balance and should have been closed. Therefore no matter what, this must occur. You must retrospectively reverse your actions and close the bank account then apply the correct charges and interest to the apparent loan, taking into consideration and account my monthly payments for the last 10 years.

I will then be in a position to properly understand what is owed, why it is owed and what rates are being applied to the debt. I feel that this has been repaid and some, and that the alleged balance is acutely incorrect by a few thousand.

Likewise, I also wish to formally complain about the false, libellous and unlawful reporting of derogatory status' to the credit reference agencies. This loan account was originally defaulted back in 2001 and by 2007 was fully exhausted regardless of the fact I continued with monthly payments or not - after a default the entry disappears as you can only be defaulted the once, you cannot be defaulted then up to date to then get defaulted again - it doesn't work like that and we both know it. This is an abuse of your licencing activities and as such will be reported to the OFT and ICO as matter of course. There is a new entry showing another default for this loan account, added July 2009 and a third added July 2009 from Cabot. This is blatantly incorrect, unlawful and clear abuse of the ICO Guidelines on Issuing a Default, for clarity you can read about it at the following address:

http://www.ico.org.uk/for_organisations/sector_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

This document is crystal clear in what it states is acceptable behaviour. Trust me when I say that adding one default, letting it expire to then add two additional ones is an extreme abuse.

I suggest you demand Cabot remove their entry and you remove all entries you have made immediately, prior to my seeking formal advice as to recovery of lost reputation as a result of your libellous reporting to the CRA's.

I have sent in, under separate cover, a Subject Access Request in line with s.7 Data Protection Act 1998, please can you ensure that this request is dealt with as a matter of urgency as I have Cabot breathing down my neck refusing to comply with their own regulatory obligation as they are trying to tell me that this is a bank account, so refuse to comply with s.77 CCA(1974). They need reigning in before I report them to the OFT as their behaviour is nothing short of illegal, I am certain about that.

They, as are you, are under clear obligation to comply with any s.77 request made. If you messed up and merged a loan into a bank account and thus try and hide behind the provisions within s.74 then not only is that directly deceiving your customers but also puts you in the firing line.

I suggest you also ask Cabot to comply with a s.77 request for this separate regulated product which was a personal loan.

I look forward to your response, within the next 14 days.

Yours faithfully,



Sign Digitally

[Oldandblue]

Re: Confused help please

The default don't know exactly but think it was around MARCH APRIL 2001 By THE CO OP
Second on entered 8th July 2009. By THE CO OP
The third one I can't understand it says CABOT FINANCIAL START 26/1/1995 SETTLED 8/7/09 UPDATED 10/3/13 ?????
This is call credit

Just checked equifax that one says
CABOT FINANCIAL. START 26/1/95. DEFAULTED 8/7/09. UPDATED 10/6/13

States for account number ending 5537. THIS IS NOT MY ACC NO

[Never-In-Doubt]

Re: Confused help please

Last questions. Both are based on credit reference records.

When was the original default date and who applied it?
When was the new default applied, and who added it?

Thanks

[Oldandblue]

Re: Confused help please

YES WILL DO THANKS

[Never-In-Doubt]

Re: Confused help please

Ok thanks. Sit tight

[Oldandblue]

Re: Confused help please

Hiya
CABOT' S say I owe them £6989.87 have asked FREDRICKSON for a full statement of all payments to date so I can work out my correct balance

[Never-In-Doubt]

Re: Confused help please

Ok thanks. Bear with me for now then.

I'll sort you something to send back. No more talking to the bank ok!!

Final question, what's the approximate balance owing now?

[Oldandblue]

Re: Confused help please

Hiya. Here goes then
1) Opened account in approx 1993/94
2). Don't think I had an authorised overdraft but not sure
3). Now this is where it get a bit funny so current ACC MAY 2000 balance. NIL
12th MAY 00 unable to make loan payment of £253.01 C /A NOW O /D £253.01
June 00 add charges of interest £4.78 plus service charge £10 plus daily excess charges. £73.50. NOW £341.29. O/D
July 00 IN FUNDS ADJUSTMENT (THIS IS MY LOAN ). £9476.65.O/D Plus £7.15 interest SO NOW BAL IS £9825.09 O/D

4)Continued paying money in until 10th July 2009 when they closed the account and said to pay FREDRICKSON under the same arrangement terms.

5). The loan started on 4th Jan 1999

6) The last full payment was April 2000 But my disability money of £92 was still being paid in till 29th DEC 2000 when I stopped it because it was only going off the charges

7). From July 2009 till June 2013 paid via FREDRICKSON

8) Have sent another SAR off to THE CO OP


What do you think of this?
Spoke to the bank last week RE this mess and what were the doing about my complaint And then they said WELL it appears that errors have been made and if we worked hand in hand we could work things out as this was a case from redress and when it comes to conclusion if I am still not happy i can refer it to FOS AM I BEEN TAKEN FOR A RIDE AGAIN?
Hope you can understand my answers to your questions

[Never-In-Doubt]

Re: Confused help please

Ok let's try and sort all this for you in one go. A SAR to HSBC is spot on. Good. Await that - that's all you need from HSBC at the moment.

It's the historical elements I'm interested in. Please answer the following;

1. When did you open the bank account (approx year);
2. Did it have an authorised overdraft? If so, how much?
3. What was your approx balance at the time you stopped using the bank account?;
4. When did the loan commence?;
5. When was the last full loan payment made?;
6. Have you been paying a dca monthly? If so who and dates from - to.

Thanks

Please answer each point from 1-6