CO-OP OD all charges - and Loan to pay off OD...

[phatram]

Debt one is completely made up of bank charges and interest on those charges

so to me does not exist,

 

debt two is a loan which was sold to me to pay off a similarly made up overdraft. I

 

contended that the interest on the loan should have been changed to allow for this so lowering my repayments.

 

There are cases where banks were challenged about this and lost but in my case the COOP just blankly refused to alter it.

 

Then of course we had the "bank charges ruling" which screwed it up.

I'd not heard from the COOP for ages then LOWELLS got in touch.

 

Forgot to mention these are over 5 years old, the O/D charges debt close to being statute barred.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?11431

 

An example of the loan dispute.

 

Should I send this to the Coop?

 

Legal notice issued under Section 10 of the Data Protection Act 1980

Legal notice issued under Section 10 of the Data Protection Act 1980

 

date

 

Your reference................ .......

 

Legal notice under the Data Protection Act 1980

 

To; The Data controller/compliance Manager.................. .................

 

Dear Sir/Madam,

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980

 

I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and

organisations.

 

In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.

 

In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.

Specifically because;

 

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to unfair charges currently in dispute,and found by the Office of Fair Trading to be unfair.You can also add other stuff here as is applicable and any or all of the following that apply (since you need to show reasons as to why continual processing will or is likely to cause distress harm or damage)

 

(ii)That recorded defaults on my credit files by yourselves are in dispute.

 

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

 

(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.

 

(iiiii)That as a data controller/compliance officer,you have a responsibility under the Data protection act to observe all principles set out therein,within the act.

 

 

I expect an acknowledgement of your intentions to comply,and if you do not agree,your reasons for being unable or unwilling to do so.

I will give you 14 days to forward this to me in writing.

 

Under the Data Protection Act,a county court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.

 

Should you fail to comply,or give just and reasonable reasons as to why you will not comply,I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.

 

Yours Faithfully

[BRIGADIER2JCS]

Debts that consist entirely of charges without which the account would no have been defaulted should not have a default recorded.

 

ICOs \Guide to Defaults. so your debt 1 is a no no anyway.

[Old Cogger]

O.K. so Bank sets default on Overdraft account for which there are 3 x more charges & intereset spreadsheet, than outstanding?

[BRIGADIER2JCS]

If a default sum consists of charges without which the account would not have been defaulted, no default should be placed.

[Old Cogger]

Interesting as HSBC make out we owe £950+ in overdraft,

 

I have battled for a few years under Hardship etc as reduced hours after heart attack few years ago (now pension) and the spreadsheet shows at their rate £2,000+ and Wetcloths have passed back to HSBC this last week.

[BRIGADIER2JCS]

Then I think I would be making a SAR to the bank about this account Mike.

[Old Cogger]

O.K. that is an idea.

 

but they do know from the past that a figure is on a spreadsheet = more than the overdraft amount,

 

they did lie to FOS who in their usual stance side with the Bank.

[phatram]

Sent to me in April.

 

Todays offering,

 

 

Should I be complaining to the OFT?

[phatram]

Today,

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?310457-Lewis-and-Howard-Cohen

[phatram]

This has just arrived. It is concerning a debt which is all bank charges (we were in the process of reclaiming 5 yrs ago). I have written to Lowells on numerous occasions telling them so and yet they continue to harass me !

 

[BRIGADIER2JCS]

Hello Phatram,

 

What is the original debt for and how much are Lowlifes claiming you owe.

 

You say this debt is all charges were these charges the sole reason the account defaulted?

[phatram]

£1500.

Current account O/D made up of charges.

We successfully claimed back £12k

this was our second claim on same account.

 

Lowells haven't added anything extra

but they do know what this debt is and what it's made up of.

 

It was also a joint account but the letters are only sent to me.

 

The COOP closed the account when we refused to pay it off as we were claiming the charges back.

 

Any ideas as to what I should do?

 

bump

[phatram]

Two "preparing for litigation" letters just arrived.

[phatram]

Returned from hols to the following,

 

 

and another preparing for litigation letter for the other "account" !

 

What now?

[citizenB]

Phat, I am a little confused - is this a loan or a bank overdraft ?

 

Charges can be reclaimed on the loan but not on an overdraft ?

[phatram]

This letter concerns our old current account with the CO-OP and the debt is made up completely of charges and interest on the charges.

[citizenB]

This letter concerns our old current account with the CO-OP and the debt is made up completely of charges and interest on the charges.

 

I kind of think you are not going to win this one

[phatram]

So an OD made up of what nearly six years ago were considered unlawful charges is not defendable?

 

How can the bank claim these charges off us but we cant claim them back? Are bank charges from before the OFT ruling reclaimable or not? Surely the banks can't have it both ways?

[citizenB]

When the Supreme Court ruled these charges were no longer reclaimable, that was it.. the end of it.

 

It is my understanding that Mike Dailly of Govan Law Centre, was looking into another way of presenting a defence/claim but from what I can see there has been no further information regarding this.

[phatram]

That's as I thought, so surely the banks can't claim these from us if we can't claim them back? Also we were in the process of reclaiming them when that decision was taken, some of the charges go back to 1999 !

[BRIGADIER2JCS]

There is the point that the ICO Technical Guidance on Defaults states 'if a default sum is made up of charges without which the account would not have been defaulted, NO default should be placed'.

 

The OFT lost the landmark test case on bank charges, so as CB says no reclaim.

[phatram]

Do you have a link to that info please? Can't find it anywhere.

 

 

 

ACCOUNTS IN DISPUTE

 

 

 

 

Dear Sir/Madam,

 

Thank you for your letters of the contents of which are noted.

 

 

 

As holders of a Consumer Credit Licence you are obliged to comply with theOffice of Fair Trading Guidelines on Debt Collection. I would therefore beobliged if you would provide me with an explanation as to why you areattempting to collect alleged debts which were disputed with THE COOPERATIVE BANKprior to your first contact with me, and has yet to be resolved and is subjectof a Financial Ombudsman Service investigation.

 

 

As per OFT guidelines Section 2.8k "not ceasing collection activity whilstinvestigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines,you should consider this letter as a formal complaint, and provide me with acopy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines,and will not attempt any further collection activity whilst the dispute isunresolved.

 

After taking advice, I am of the opinion that your continued pursuit is inviolation of the CPUTR 2008, Protection from harassment Act 1997 section 3 aswell as breaching a number of the OFT Collection Guidelines.

 

Should you fail to provide me with the required undertaking within 7 days, Ishall report your breach of the OFT guidelines to Trading Standards and theFinancial Ombudsman Service.

 

 

Take notice that I will not discuss this matter on the telephone, and allfurther communication must be in writing. Any further telephone calls will beperceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matterand I am writing this letter to you on the assumption that you would prefer todo this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

 

Yours faithfully

 

 

Would the above letter with a few add ins be applicable?

 

There is the point that the ICO Technical Guidance on Defaults states 'if a default sum is made up of charges without which the account would not have been defaulted, NO default should be placed'.

 

The OFT lost the landmark test case on bank charges, so as CB says no reclaim.

 

I cant find this anywhere, do you have a link please? Thanks

 

Would you please move this thread to the Debt Collection Industry section. Thank you.

[BRIGADIER2JCS]

The answer will be that they no longer considered any dispute existed and or there was nothing to dispute anyway.

[phatram]

Not for Lowells to decide?

[BRIGADIER2JCS]

Lowell will go down the line that the OC sees no reason for a dispute and or they have no knowledge of any dispute.

 

Standard replies I'm afraid.