Clark v Co-op

[Clarky]

Hi all,

 

Just about to send of my data protection letter and just wondering if anyone can tell me if it will make any difference that the account is closed??

I had issues with the bank a few years ago and they actually opened two accounts instead of one when I first applied. They sent a chequebook out which I used and never bothered to check the account cause basically the money that went in was spoken for each week.

After a year I received a call from them stating that I owed them loads of money! And a good telling off for writing cheques that couldnt clear! I was completely baffled. After A LOT of investigation it turned out that the chequebook was for the account with no money going in but was also the account with all the d/d's coming out. I was furious!!! Whats more baffling is that they allowed all these items to be paid for a year when it was clear no money was going in!! I had one account with loads of money in and one massively overdrawn!! Once they'd tranferred all the money and apologised for the mistake I was left more than 1000 quid overdrawn from charges! And had to pay it back.

I'm now going to pursue these charges but as soon as I paid it off I demanded the accounts be closed! I have the account numbers etc but I think they might be funny because the account is closed!

Can anyone advise if I'm just wasting my time??

 

Cheers, Clark x

[nellio]

To the best of my knowledge it doesn't matter if then account is closed. as long as it is within the last 6 years you can still claim. I also have a privilage account which i am in dispute about at the moment. i get charged £7.50 per month for my huge £100 overdraft and cheque account. they still charge the subscription yet wont issue a cheque book.

good luck and stick to your guns!

[Clarky]

Thanks for the advice nellio. How can they charge you for something their not gining you??

Anyway, just checked Royal Mail and it says my Data Protection Act letter was delivered this morning, that was quick!!

40 days and counting......

Good luck to you too!

[NitrousOxide]

Still ask you for money when they close them don't they!

[Clarky]

I know its ridiculous!!! I must admit I'm getting a little disheartened now that Ive sent off my letter. I dont think I'm going to see a penny of my money now!

I know its not the right attitude to have but surely the banks or their hot shot solicitors are going to come up with some sly loophole soon.....Just hope Ive got my letter in in time!!

[ladymoonray]

I'd have thought you have a better chance of getting your money back if the account is closed. You can take the bank to court with no qualms about what they're going to do to you - because there's nothing they CAN do. Don't be disheartened; even if you have to go to court you'll win. If the banks didn't think that, they'd be defending every action.

[Clarky]

Thank you for the advice ladymoonray. I know I can take them to court but at what cost?? I'm not in the financial position to pay money out without KNOWING that I'm going to get it back!! I'm trying to pay for my degree and my two little ones!

I think I've spent far too long on this site reading and absorbing the info (about a month) before registering and then doing something about it!

Oh well only time will tell I suppose!

 

Clark x

[Clarky]

Well heres a little update.....Got a letter yesterday (17th) dated for the 14th (the day they got it) saying we received your letter and will process within 30 days of your letter!

I'm quite impressed. At least they've acknowledged my request which is more than Natwest has done! And it was signed by the lady herself who I sent it to!

Just hope I get them soon.

Can anyone advise how long from the date of this letter Co-op are actually sending info out??

 

Clark xx

[Clarky]

Good morning all.....

 

Can someone tell me if it is too early to send the letter reminding them of my SAR?? I sent it on 13th July, they got it on the 14th. There time is up 21 August.

Do you think Im being a little premature sending in now? Should I wait another week or so

 

Thanks guys

 

Clark xx:p

[nellio]

I don't think it would do any harm but the co-op take between 21-28days to send it out and they have the right to send it on the 39th should they wish. As they are being kicked from pillar to post at the moment they are probably taking longer to process as more claims arrive. Do not be disheartened by this. I too went on a roller coaster ride but support from the forum and persaverance paid off. read my thread nellio v co-op bank and you'll see i had all the same concerns as you. Go get em!

[Clarky]

Thanks nellio!

 

Ive already been looking at your thread! I think Ill wait a little longer, they've cashed the cheque now so maybe.....who know??

Its weird, all the banks must be having the same type of problems with all these requests yet some are really quick and others arent!

The thing is with this account was it got opened without my knowledge and they allowed all the cheques I'd written and d/d's to be paid out for ages before they noticed no money going into the account! After Id transferred all my cash from the real account to the fake one(!) I was still left owing loads in charges!

So unlike the others where its my own fault for being charged, this was genuinely wasnt and I'd really like to think I could get it back!

Sorry for the essay!

Good luck and thanks for the support! I'll keep watching your thread with interest!

 

Clark xx:oops:

[Clarky]

Well today is the last day for co-op to comply with my SAR, hopefully there will be something on the doormat tomorro morning otherwise ill be sending the non complience letter

Im amazed cause i phoned last week and they said 'yes we have until the twenty first to send them to you'

So basically there waiting until the very last day to send out the info. I think thats pathetic!

Well Ill let u know if they come

 

Clark xx:p

[Clarky]

I NEED HELP!!!

 

Got my statements as well as a few pages of complete nonsense!

 

Now as far as I can see there are hardly any references to charges but there are lots of 'fees' and 'commission'......is this their way of showing charges??

 

I ask because I know I had loads of charges befire the account was closed and I dont want to add stuff that isnt charges by mistake. These fees and commission are usually 30 or 60 or 90 quid so it does sound like charges but can anyone just clarify for me ??

 

Thanks in advance

 

Clark xx:oops:

[gazzah]

Clark

 

I Claimed for everything that was classed as either commission and daily excess charge, and most of the service charges.Commission as you say usually a multiple of £30, or £25 in the past is the charge for bouncing cheques/direct debits etc, Daily excess charge speaks for itself and should be claimed also. The service charge could be for using your overdraft which you can't claim or for going over your od which you can. going back 5 or so years the service charges were either £8 (authorised od) and £10(unauthorised) so claim the £10's and not the £8's. The way that I did it was if their was a daily excess charge and service charge on the same day on my statement I claimed them both.

 

Hope this helps

[Clarky]

Hi gazzah and thanks for the reply

 

Finally got through all the statements and sent of my pre lim this morning. Not sure how likely i am to get a reply but im expecting to start my 14 days from tomorrow. Full amount before interest £1140.00.

If it goes to court the interest is about £300. How good are Co-op at paying up?? Have most people had to do MCOL or is it just taking an LBA??

Any advice much appreciated and thanks to all those who have hepled up to now!

 

Clark xx:p

[gazzah]

They paid mine after the LBA but their doesn't seem to be any pattern to who and when they pay up, although I have suggested elsewhere before that it may depend on how your account is currently been run. As yours is closed they may take a bit longer to pay up, but in the end who knows !! sorry I can't be of more help.

[Clarky]

Thanks Gazzah,

 

the account has been closed since Nov 2004 so Im hopin it will be straightforward but like you said who knows??!!

 

Ive just issued MCOL for my Natwest account so at least Im kind of familiar with the whole process now should I need to go that far with co-op.

 

Its unbelievable how much they took cos at the time I was only earnin around 80 quid a week so how I afforded all the charges I dont know!!

 

Clark xx:p

[Clarky]

Hi again,

 

Quick update.....letter delivered this morning so LBA will go on 13th September if I dont hear from them! Fingers crossed I get a quick settlement cause the account is closed!

Fingers crossed for me and everyone else

 

Clark xx:p

[Clarky]

Hi all,

 

Letter received dated 4/9/06 in relation to my pre-lim saying they are very sorry i am unhappy and will i give them 7 days....ok fine i suppose cos its only been 7 ish since i sent but i will be sending my LBA next week as planned if i have not heard from them by then

 

Can someone tell me if this is normal for the co-op and if they usually get back to people before the seven days or am i gonna be sending the LBA??

 

Advice/words of comfort anyone??

 

Clark xx:razz:

[bexsta]

I am in the process of claiming back charges too. I also got the same letter asking for 7 days after my prelim letter and suprise, suprise I had no reply in 7 days and had to send LBA. 2 days after LBA received a letter saying very sorry they had failed to respond in the 7 days and said I would be contacted by phone, mail or e-mail within 7 days. That was last 29th August so their 7 days is now up unless I get a reply today but not feeling very hopeful:rolleyes: . They have until this Friday 8th sept before i can start action. We'll see what happens!!

 

becks x

[Clarky]

Thanks for the info bexsta

 

Ive read a lot of threads on here who got settled at LBA stage so fingers crossed! However those people had the money put directly into their account and mine is closed so we shall see what happens with me.

 

I'll keep an eye on your thread to see how your gettin on. Good luck!!

 

Clark xx:razz:

[bexsta]

Thanks clarky, good luck to you too.

 

I have just received letter today asking for 6 weeks while they look into it seems the same letter many others have revcieved too.I'll let you know how i get on.

becks x

[Clarky]

Thanks for the good luck wishes bexsta,

 

Well co-op sent me a letter 8 days ago saying they would get back to me in 7 days and guess what??? They havent!

 

Time up! LBA going recorded delivery today!

 

**Fingers crossed**

 

Clark xx:p

[Clarky]

Got my 'sorry you are not happy, sorry for the delay, give us another 6 weeks' letter today.

 

Not happy:mad:

 

Gonna write a stern letter in the morning telling them they have had four weeks since first letter and they have seven days to send me a cheque OR ELSE!!!!!

 

Anyone know if i will get a cheque or gonna have to do mcol???

 

Clark xx:p

[Clarky]

Can someone please advise me on my letter??? This is what I am sending in response to my 'please give us 6 weeks' letter. Any help really appreciated!

 

Co-Operative Bank

PO BOX 101

1 Balloon Street

MANCHESTER

M60 4EP

27th September 2006

FINAL LETTER BEFORE ACTION

For the attention of Ann Walker

Dear Madam,

 

ACCOUNT NUMBER: xxxxxxx

Thank you for your letter dated 22nd September 2006 which I received today stating that you will contact me within the next 6 weeks. I am very disappointed that you have sent me such a letter considering that my first letter was delivered to your offices on 30/8/2006. You have known of my request for a refund of the unlawful charges applied to my account for 4 weeks now and I feel that asking me to wait another 6 weeks considering all of the information has been presented to you in my letter, is quite frankly, a joke. I now understand that the regime of ‘fees’, which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract, which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £1140.00

I am enclosing a copy of the schedule of the charges that I am claiming. I have already sent you a copy of this in my original letters of the 29th August 2006 and the 13th September 2006.

I require repayment in full of this money.

If you do not comply fully within 7 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

This ok???

Clark xx:p