Co-op Current account/Personal Loan merged upon default.

[being-DUN]

don''t as lowell are under investigation on there activity

[unclebulgaria67]

don''t as lowell are under investigation on there activity

 

Don't do what ?

 

If Lowell are under investigation, this would be an ideal time to send a complaint.

 

The debt industry is always under investigation as given what they do people make complaints about them.

[oleg]

Tim

 

I'm unsure what you're trying to achieve here or why you need a new thread now.

 

Personally I would not have contacted Lowell at all, just sit back and watch them get in a tangle if they tried to take it to court. But now that you decided to go the de Tute Route, surely the longer she / they take, the better for you, statute barred ticking away nicely?

 

No need to hide company email addresses, particularly if available online anyway. Last I have recorded for that woman is

[email protected]

I assume still valid. Someone kindly update if not.

 

All that I think happened Tim is Coop paid your loan off using your current account. This is standard [dirty] practice. And now Lowell are in a mess with it. All the better for you.

[unclebulgaria67]

All that I think happened Tim is Coop paid your loan off using your current account. This is standard [dirty] practice. And now Lowell are in a mess with it. All the better for you.

 

Not really a dirty tactic. They are allowed to do this, if it is mentioned in the terms and conditions. It is just a right to set off. ( FOS article on this linked here)

 

It would not remove Tims right to send them a CCA request for the original loan and by doing this, it has made it more complicated for Lowells. If you believe some media reports Coop bank have been run in a shambolic fashion and it quite likely that Lowells will struggle to get hold of documents.

[BRIGADIER2JCS]

Send a stern email to Sara de tute... And then watch them squirm... If you want her email address, then I can give it to you over PM

Yes that's the way forward get away from customer (dis) service and worry the person with the authority to do something.

[BRIGADIER2JCS]

don''t as lowell are under investigation on there activity

I think this need explaining in full, these pointless one line posts are helping no one.

[oleg]

Not really a dirty tactic. They are allowed to do this, if it is mentioned in the terms and conditions. It is just a right to set off. ( FOS article on this linked here)

 

It would not remove Tims right to send them a CCA request for the original loan and by doing this, it has made it more complicated for Lowells. If you believe some media reports Coop bank have been run in a shambolic fashion and it quite likely that Lowells will struggle to get hold of documents.

 

Well of course I'm fully aware of ROSO - that's exactly what I was meaning had been done in this case. When I say dirty, I mean it is unfair insofar as it is invariably buried very deep in the small print and, moreover, banks often vastly inflate an overdraft limit to pay off a loan or credit card instalments.

 

I never suggested Tim's right to a CCA would be affected. Whether he does or not, Lowell are unlikely to get far with this.

 

And I do indeed believe Coop's record keeping to be a shambles just like the rest of their operation. I don't think they have any original credit card agreements at all from the huge tranche they sold to Lowell. As for loan and overdraft facility agreements, I have no knowledge but can only surmise things will be pretty much the same.

[Tim-S]

OK guys, we have some news:

 

Received a packet today from Lowell containing:

 

A letter from Lowell

Credit card statements

Bank account statements

'A' loan credit agreement.

 

So, they have confirmed they have written off the credit card due to no credit agreement and are removing the entry from my credit file.

 

Regarding the loan/bank account they send some statements covering 07-09.

However the credit agreement is the wrong one, it's an agreement from a loan I took out a number of years previously for a much smaller amount and was repaid fully.

 

The incorrect agreement they sent is from early-mid 2004.

 

So I am in belief that they are in a tangled mess and have grabbed anything.

 

I am willing to let them think that the agreement is correct and debate it's enforceability due to it being pre April 2007.

 

They also said they will resume collection in 30 days. They also gave me a FOS complaints booklet. And they said they hoped I wouldn't need to take it further.

[unclebulgaria67]

If I were you I would write back a very short reply which will get them thinking, along the lines of. Thank you for your letter dated xxxxxxx and the enclosures. It appears that Coop have provided you with the wrong loan credit agreement, as it was fully repaid. I would suggest that you contact the Coop again, as there appears to be much confusion.

 

I can't see the point in letting Lowells continue to pursue you, after sending the wrong documents. If you don't write back, Lowells will obviously presume that you don't want to continue your complaint. Sending the letter will ensure that the complaint continues and Lowell will have to go back to the Coop.

[SabreSheep]

If they sent you a credit agreement from a loan that was completed

I would almost be tempted to send a closing statement for that loan account

and say that you now consider this matter closed a

nd any further contact other than confirming the matter is closed shall be viewed as harrassment

and any legal action vexatious which will result in complaints going to the ICO, FOS and FCA along with a claim for damages due to harassment.

 

The danger with just letting it go to court is that there is nothing guranteeing that the real loan will get written off.

You might get their case stopped or struck out but this does not stop them trying again later or selling the debt on to another mug to try and have a go at you.

 

Getting an admission from them that the debt has been paid off (Or at least the loan agreement they are sending you) helps prevent that

[Tim-S]

Stupidly I don't have any paperwork.

 

I was tempted to let them go with their tangled up paperwork and go by that being the "correct agreement" and it's pre-2007 so not enforceable.

 

Thoughts on that scenario?

 

I can upload pictures later.

[unclebulgaria67]

If they sent you a credit agreement from a loan that was completed I would almost be tempted to send a closing statement for that loan account and say that you now consider this matter closed and any further contact other than confirming the matter is closed shall be viewed as harrassment and any legal action vexatious which will result in complaints going to the ICO, FOS and FCA along with a claim for damages due to harassment.

 

The danger with just letting it go to court is that there is nothing guranteeing that the real loan will get written off. You might get their case stopped or struck out but this does not stop them trying again later or selling the debt on to another mug to try and have a go at you.

 

Getting an admission from them that the debt has been paid off (Or at least the loan agreement they are sending you) helps prevent that

 

Yes you could do that, but remember that if this did end up in court, this may be seen by a Judge, so you have to be a bit careful. The OP appears to know what the debt is.

 

You could reply saying that the loan agreement sent was fully repaid and if they contact Coop they will confirm that this is the case. Therefore you are confused as to what debt they are chasing.

[BRIGADIER2JCS]

Personally I would simply write and state:

I am in receipt of your letter and enclosures dated xx.xx.xxxx, as you are no doubt aware the documents supplied have no relevance to the matter Lowell appear to be pursuing.

 

Do Not advise them what is wrong with the document, they a probably fully aware of the problems

 

I now consider the matter closed.

 

 

Address to Ms Sara de Tute Director of Legal & Compliance Group, marked Private & Confidential.

[unclebulgaria67]

Stupidly I don't have any paperwork.

 

I was tempted to let them go with their tangled up paperwork and go by that being the "correct agreement" and it's pre-2007 so not enforceable.

 

Thoughts on that scenario?

 

I can upload pictures later.

 

See my last post. Write back saying that you are confused, as the loan agreement they sent was fully paid, so what debt.

[Tim-S]

So I've just been digging though my HUGE SAR. Anyway, interestingly enough, I have the entire statement from when the loan on the credit agreement was taken out to it being 100% settled due to it being paid.

 

The loan Lowell are pursuing was taken out shortly before I experienced financial difficulties (job loss).

 

However the statements supplied by the co-op regarding the loan in question, end shortly before the loan was dumped into the current account. However, Lowell have provided from the date the co-op supplied right up until the default and account closure.

 

Why didn't the co-op give me this?

 

It says "in funds adjustment £4500". And this caused the account to become £5000 overdrawn.

[BRIGADIER2JCS]

So I've just been digging though my HUGE SAR. Anyway, interestingly enough, I have the entire statement from when the loan on the credit agreement was taken out to it being 100% settled due to it being paid.

 

The loan Lowell are pursuing was taken out shortly before I experienced financial difficulties (job loss).

 

However the statements supplied by the co-op regarding the loan in question, end shortly before the loan was dumped into the current account. However, Lowell have provided from the date the co-op supplied right up until the default and account closure.

 

Why didn't the co-op give me this?

 

It says "in funds adjustment £4500". And this caused the account to become £5000 overdrawn.

 

 

Regulated loan dumped into unregulated current account?

Sounds more than a little cheeky to me.

[unclebulgaria67]

Any fees and charges as a result of what Coop did ? Might be able to challenge.

[SabreSheep]

You see I have issues with that.

 

The right to set off surly means against autherised funds available.

An unautherised overdraft is not agreed in advance and thus in effect a new formal credit agreement formed without your consent and imposed upon you.

Has this evenue not been explored?

 

It would be different if they set off a £4k loan using a pre authorised overdraft limit of £4k

[unclebulgaria67]

You see I have issues with that.

 

The right to set off surly means against autherised funds available.

An unautherised overdraft is not agreed in advance and thus in effect a new formal credit agreement formed without your consent and imposed upon you.

Has this evenue not been explored?

 

It would be different if they set off a £4k loan using a pre authorised overdraft limit of £4k

 

You make reasonable points and this is something to be looked into. I suspect that the OP did have some money in the account before they transfered the loan over. This is the reason they did the set off, as otherwise the OP would have money in one account, while not repaying a loan.

 

It is not too late for the OP to register a complaint with the Coop and take it to the FOS if necessary.

[Tim-S]

Personally I would simply write and state:

I am in receipt of your letter and enclosures dated xx.xx.xxxx, as you are no doubt aware the documents supplied have no relevance to the matter Lowell appear to be pursuing.

 

Do Not advise them what is wrong with the document, they a probably fully aware of the problems

 

I now consider the matter closed.

 

 

Address to Ms Sara de Tute Director of Legal & Compliance Group, marked Private & Confidential.

 

Even though customer relations are dealing with it, do I write to Ms. De Tute, or email?

[BRIGADIER2JCS]

Even though customer relations are dealing with it, do I write to Ms. De Tute, or email?

Write, use signed for post, the letter will be passed to a senior staff member and it keeps it out of the hands of customer (dis) service which works strictly to the "company script"!

 

 

That letter I think demonstrates just how poor " a customer relations officers" authority and knowledge is.

 

 

Close one account, put one on hold then send the wrong document as a result of his "investigations".

Sad he should have his crayons taken away!!

[Tim-S]

 

[Tim-S]

Write, use signed for post, the letter will be passed to a senior staff member and it keeps it out of the hands of customer (dis) service which works strictly to the "company script"!

 

 

That letter I think demonstrates just how poor " a customer relations officers" authority and knowledge is.

 

 

Close one account, put one on hold then send the wrong document as a result of his "investigations".

Sad he should have his crayons taken away!!

It's crazy. DCA's at their finest.

 

I'll get the letter out tomorrow. First class.

 

"Further collection activity MAY take place"

[BRIGADIER2JCS]

It's crazy. DCA's at their finest.

 

I'll get the letter out tomorrow. First class.

 

"Further collection activity MAY take place"

 

 

"It MAY rain tomorrow" Tim, !!

[unclebulgaria67]

It's crazy. DCA's at their finest.

 

I'll get the letter out tomorrow. First class.

 

"Further collection activity MAY take place"

 

When this overdraft was created, did Coop then apply loads of interest and fees ? If so, there may be some merit in making a complaint to Coop, with a view to taking it to the FOS. The advantage is that whilst any complaint is ongoing with the FOS, debt collection has to be put on hold. May give you some extra time of peace and may put Lowell off from wanting to take this any further in the future.