Confused help please

[Never-In-Doubt]

Re: Some advice please

Well if they don't have the paperwork utilise the UE route....

[Oldandblue]

Re: Some advice please

Thanks but what's that

[Deepie]

Re: Some advice please

Thanks but what's that

Have a read here-----> UPDATED - A Full Guide to Unenforceability

[Oldandblue]

Re: Some advice please

Thanks will read it now

[Oldandblue]

Re: Confused help please

Hiya. Still a bit confused because although this was originally a loan when I got into difficulties the Coop bank moved the balance of the loan to my current account and made it an overdraft. And it's my current account that they have sold to CABOT So what would happening a case like this

[Never-In-Doubt]

Re: Confused help please

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

[Oldandblue]

Re: Confused help please

Hiya yes but they did and then charged me for being 9k overdrawn although they don't give this info in the SAR I do have the original statements where they closed my loan account and transferred it to my current account

[Never-In-Doubt]

Re: Confused help please

Well first, complain to the FOS. That's a major breach!!

--> http://www.financial-ombudsman.org.u...complaints.htm

[Oldandblue]

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

Hiya Update
sent your letters #31
Good news. Default removed
received SAR. No loan agreement very limited info. Coop say account to old
you say complain to FOS about making loan into an overdraft as this is a no no
could you tell me please should I do this now or wait until CABOT come back to me with a reply as they say they are looking into to this themselves
Need to do this right as I have made too many mistakes in the past but now with your help I'am finally starting to get somewhere
Thank you

[cymruambyth]

Re: Confused help please

The FOS take ages to do anything, so I would start your complaint now.

Surely they should still have paperwork as there is a live account?

[Oldandblue]

Re: Confused help please

Hiya. I can't understand why they say there's no paperwork ( better for me though) as they still have agreements for old loans from 1995/6 that were paid off . Maybe it has something to do with the big blunder they made

[Oldandblue]

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

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

[Oldandblue]

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

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

Sorry forgot this bit CABOT also say that a CCA request under section 77 needs to be made to original lender in relation to the loan Done this months ago to CABOT and they said I was not entitled to this as it was an overdraft (no it was not )
anyway the Coop have already said there is no copy of my agreement I think we are going round in circles here trying to confuse me more than I already am. Any advise please

[Oldandblue]

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

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 Goes on to say can't trace my request for SAR send £10 and new request. Already
received this weeks ago
This is our final response unless I give the new or further info.

Enclosed is a cheque for £250 in settlement of my complaint

Suggestions please on what to do next. Thanks you

[Deepie]

Re: Confused help please

.

Enclosed is a cheque for £250 in settlement of my complaint

Suggestions please on what to do next. Thanks you

First things first.....cash the cheque.