Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

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


Tim-S
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2998 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

Around £200. It was closed some months afterwards.

 

 

"It MAY rain tomorrow" Tim, !!

My thoughts exactly ;)

Link to post
Share on other sites

  • Replies 118
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The main reason for complaining is to drag this into the long grass, so having a period of quiet, without debt collection.

 

£200 of charges/interest due to the set off applied by Coop, plus any interest that has been added since. So could be £300+ within the debt currently being chased.

 

If this went to the FOS, they could be looking into this for 6 months +. Some complaints can go on for 2 years, if the position is not clear. :madgrin:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

The main reason for complaining is to drag this into the long grass, so having a period of quiet, without debt collection.

 

£200 of charges/interest due to the set off applied by Coop, plus any interest that has been added since. So could be £300+ within the debt currently being chased.

 

If this went to the FOS, they could be looking into this for 6 months +. Some complaints can go on for 2 years, if the position is not clear. :madgrin:

I have a statement of charges from when the account was opened to close. It's £500.

That was included in the SAR.

 

But if I'm claimed said money, won't that cause problems?

Link to post
Share on other sites

I have a statement of charges from when the account was opened to close. It's £500.

That was included in the SAR.

 

But if I'm claimed said money, won't that cause problems?

 

Not really, as you are not admitting to the debt, just complaining about the process, which caused additional sums to be added.

 

I thought that if there was a set off situation, that the banks concerned could not add these charges to the overdraft, as it was their decision to do this and was not caused by your actions on the bank account.

 

You won't get the money back, as it will be taken off the debt.

 

It is your choice, but if complaining to Coop/FOS gave you a period of peace with no debt collection and in the end there was a chance that the debt would be reduced, it could be worth spending a little time sending the complaint off. Also if the debt was coming up to being statute barred, the complaint process might take it over the 6 years, making the debt unenforceable.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

The letter is written, short and sweet.

 

I ve read the letter a few times over, and each time i spot something new.

 

"The above balance relates to a loan account that you held with the Co-operative Bank".

Funny that.....The co-op paid the loan with the current account. So the loan account is settled. That i have proof of.

Link to post
Share on other sites

The letter is written, short and sweet.

 

I ve read the letter a few times over, and each time i spot something new.

 

"The above balance relates to a loan account that you held with the Co-operative Bank".

Funny that.....The co-op paid the loan with the current account. So the loan account is settled. That i have proof of.

Well done stick to your guns.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

claim the PPI pluse interest back from the original company. If they made a boo-boo when selling this on that is not your worry.

The PPI on the credit agreement Lowell sent me was for a settled loan some 9 years ago.

 

When I SAR'd the original company, they didn't send me this agreement, and now I can see why.

Lowell in their infinite wisdom sent me the wing agreement for a loan that was settled.

But it shows PPI. May look into making a claim for this.

Link to post
Share on other sites

You can still reclaim the PPI because although it was taken 9+ years ago, you only recently found out about it & the possibility of reclaiming it

 

All that it changes is the amount of interest that they will pay on it (9 years worth)

 

CoOp are very naughty offsetting the full amount of the loan into an overdraft - they shouldn't have done more than the credit balance, otherwise they are forcing you to take credit to pay off a credit agreement! However it does take the wind out of Lowell's sails.

 

It will definitely be worth looking at reclaiming any charges incurred because of CoOp's dumping the loan into the overdraft

Link to post
Share on other sites

I sent the letter on Monday first class recorded. Just checked the tracking number and it's still being processed through the network.

 

The last one I sent to Lowell was the same but was received.

 

Thoughts on that then?

Link to post
Share on other sites

I sent the letter on Monday first class recorded. Just checked the tracking number and it's still being processed through the network.

 

The last one I sent to Lowell was the same but was received.

 

Thoughts on that then?

Is that not being processed through the RM network?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

It often means that it has been delivered, but the postman couldn't be bothered to get a signature.

 

Alternatively, it could have been slung through another letterbox, because he/she couldn't be bothered to walk up the stairs, round to the door, or it could have been raining.

 

All part of the privatised Royal Mail!

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

It often means that it has been delivered, but the postman couldn't be bothered to get a signature.

 

Alternatively, it could have been slung through another letterbox, because he/she couldn't be bothered to walk up the stairs, round to the door, or it could have been raining.

 

All part of the privatised Royal Mail!

 

Sam

 

 

 

If it's been addressed to a Lowell PO Box number it will not have been signed for, always use the Ellingington House, 9 Savannah Way, Leeds Valley Park, Leeds LS10 1AB. it will get signed for.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

It often means that it has been delivered, but the postman couldn't be bothered to get a signature.

 

Alternatively, it could have been slung through another letterbox, because he/she couldn't be bothered to walk up the stairs, round to the door, or it could have been raining.

 

All part of the privatised Royal Mail!

 

Sam

 

My experience with a large company dealing with recorded letters is that they don't give the RM delivery person the receipt of delivery the same day, just because of the volume of letters received. I don't know whether it has changed and RM come with a sheet containing all the details of letters received, which is just signed. If it has not changed, there may be a delay in Lowell giving back receipt of delivery to RM and it then being entered onto the RM tracking system.

 

A large company will receive hundreds of recorded items on a daily basis and Lowell given what they do will I suspect receive a large volume.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Generally how long does it take for Lowell's to remove a default?

It will depend on their normal scheme of up dating CRA file, so maybe up to a month.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

So Lowell replied today. Reply from the customer relations team.

 

They are in receipt of my letter addressed to Ms. De Tute, and they refer me back to their previous letter.

 

They said they only agreed to close one account. They made a mistake on the 30 day suspended collection deadline, and they said if I have more evidence to give them they will reconsider basically.

 

It's now been reported to the FOS. They've had 16+ weeks to resolve my complaint. They have failed. So they are sending me out a complaints form, and want letters Lowell have sent me.

Link to post
Share on other sites

So Lowell replied today. Reply from the customer relations team.

 

They are in receipt of my letter addressed to Ms. De Tute, and they refer me back to their previous letter.

 

They said they only agreed to close one account. They made a mistake on the 30 day suspended collection deadline, and they said if I have more evidence to give them they will reconsider basically.

 

It's now been reported to the FOS. They've had 16+ weeks to resolve my complaint. They have failed. So they are sending me out a complaints form, and want letters Lowell have sent me.

 

The complaint form is on the FOS website for you to print off. You might as well bang in the complaint to the FOS with copies of Lowell letters. BUT when you make the complaint to the FOS, you must make it VERY Clear what you are complaining about. The FOS get so many complaints, they will try to weed out as many as possible at the first stage.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

The complaint form is on the FOS website for you to print off. You might as well bang in the complaint to the FOS with copies of Lowell letters. BUT when you make the complaint to the FOS, you must make it VERY Clear what you are complaining about. The FOS get so many complaints, they will try to weed out as many as possible at the first stage.

I have lots to tell them and show them.

Do I tell them everything that is wrong?

Link to post
Share on other sites

  • 3 months later...

Quick update!

 

Said default has been removed from the credit score :madgrin:

 

However i'm still battling with the larger one. Its now with the FOS, i have spoken with an adjudicator last week and this week. I have argued and argued and finally got my point across. I have had to shout at the top of my lungs (figuratively speaking) to make the FOS see that Lowell are illegally trying to enforce a debt with a 10 year old credit agreement that was cleared some 8 years ago. Finally my point is across, and now the FOS are awaiting a response from the Co-op bank by the 11th December. So, we shall see.

Link to post
Share on other sites

  • 1 month later...

Just come off the phone to the FOS. It seems as though the co-op have provided extensive evidence. I have asked for the findings to be provided to me in writing. No mention of a credit agreement for the loan. And a current account has no credit agreement.

 

I think I am almost out of moves here?

Link to post
Share on other sites

  • 2 weeks later...

Looking for advice here:

 

I have received the letter from the FOS. Question i do have is: Will this info be shared with Lowell?

 

Couple of key parts in the letter:

 

As discussed, Lowell has told us that the debt is for a current account that you had with the co-op, and not a loan. You have told me that you did have a current account with the co-op a long time ago.

 

The co-op also provided the FOS with a timeline of events. The last couple may point to the debt becoming SB this year, unless what is in red above will reset the clock?

 

April 2009: You advised the co-op that you were instructing Paypal instead of Chase Saunders to act on your behalf.

 

October 2009: The co-op didn't receive an income and expenditure form from Payplan and sent you a letter giving notice of your account being terminated.

Link to post
Share on other sites

Ouch written acknowledgment... This is a toughie here. If there has been written acknowledgement then it COULD restart the SB clock.

 

I'm not sure... Check with the FOS, ask them not to send this letter to LOWELL...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...