Has anyone been "sold" a loan by the Coop to cover unlawful charges (overdraft) and then been successful in getting their money back?

[phatram]

Fredricson International calling 4 times a day now. I've handed this over to a solicitor. Should I let them know when they write to me?

[photoman]

Phatram,

 

As the account is in dispute, and the Co-Op are aware of such, then they should not have even involved Fredrickson, nor shared any of your personal data with them.

 

You should perhaps seek some guidance from your solicitor, and ask them about your rights in such circumstances.

 

I had a similar situation myself recently with regards a dispute with a utility company.

I sent their debt collectors the following letter, and haven't heard anything more from them since (mind you it has only been 2 weeks, so we'll se just how effective it has actually been soon).

 

Perhaps firstly just check with your solicitor if such a letter would be appropriate to send in your case ?

 

(PS: With thanks to Martin3030 who helped me compose this):

 

 

 

 

 

 

Dear Sir / Madam,

 

With regards the above accounts/reference numbers; 
Your client (COMPANY NAME) have been aware since early (DATE) that these accounts were in dispute.




Despite clear written notification of such, your clients have shown a total disregard to both Consumer legislation and also matters under the Data Protection Act 1980 by its instructions to yourselves to further pursue collection whilst a dispute remains. 



 

I now put you on written notice to the fact that this matter has now been handed over to my solicitors to deal with.

 

Therefore, you must now immediately cease sending any further collection correspondence to myself, refrain from any further attempts at collecting any payment with regards these accounts, and also immediately cease processing my personal data in respect of any alleged arrears or debt.

 

Should your collection activity continue following being made aware of this:

 

1/ I shall immediately seek directions from the Court with a view to obtaining an injunction against your company, preventing your continued harassment.

 

2/ I shall also file formal complaints with the FSA, the OFT and also my local Trading Standards office, with a view to urging a review of your suitability to retain your CCA74 & other regulatory licenses.

 

3/ All correspondence from yourselves will continue to be retained by myself, and may later be used as evidence in a future claim for damages.

 

The FSA has recently issued stern warnings to those individuals and organisations who have initiated hostile actions (threats and secondary actions, addition of collection charges, and the sharing, passing or processing of personal data with third parties) whilst customers are seeking to enforce their Statutory and legal rights, and I strongly suggest you familiarise yourselves to these warnings.

 

Since this is a formal complaint you are also required to send me a copy of your complaints procedure, as per guidance from the Financial Services Association, and also the Financial Ombudsman, who act on their behalf.

 

I look forward to receiving a copy of these, together with your written undertaking that your own attempts at further recoveries will now be suspended.

 

Yours Faithfully

 

YOUR NAME

 

 

(always best to avoid actually signing such documents, in order to avoid any possibility that they may "lift" your signature).

[phatram]

Thank you

[photoman]

Any update Phatram ?

 

Did you seek guidance from your solicitor and/or send the letter ?

 

Do the trick ?

 

What's current status of your issues ?

 

 

PM

[phatram]

I have handed it over to a solicitor who will check the agreement and whether it was mis-sold etc.

Not heard anything back yet.

[photoman]

You still getting hassle ?

 

Did you post a letter to them regards ceasing doing so ?

 

PM

[phatram]

Heard nothing at all after I wrote telling them I was disputing the amount they lent me

[photoman]

I was getting hassled from a DCA regards a disputed account when I sent my above letter.

 

They not only immediately stopped... but they actually DID send me a copy of their dispute procedures !!

 

Obviously a bit panicked about any threat at all to their CCA licence that may arise by their not complying with procedures properly.

 

PM

[phatram]

I don't think I'm saying that. I was just pointing out how you could estimate interest paid on the PPI

Sorry to be a nuisance but can't get me head round that.

What do I need to do ?

Thanks

[phatram]

With regards the above accounts/reference numbers; 
Your client THE COOPERATIVE BANK have been aware since early 2009 that this account was in dispute, and being investigated by FOS.

 

 

 

In your letter of the 23 November 2009, you enclosed copies of 6 statements of our current account with The Co-Operative bank. This data has been illegally processed by yourselves and the Bank as the account was closed on 16 June 2009 with a nil balance. We are in the process of taking action against yourselves and the Co-Operative bank concerning this matter.




Despite clear written notification of such, your clients have shown a total disregard to both Consumer legislation and also matters under the Data Protection Act 1980 by its instructions to yourselves to further pursue collection whilst a dispute remains. 
I now put you on written notice to the fact that this matter has now been handed over to my solicitors to deal with.

Therefore, you must now immediately cease sending any further collection correspondence to myself, refrain from any further attempts at collecting any payment with regards these accounts, and also immediately cease processing my personal data in respect of any alleged arrears or debt.

Should your collection activity continue following being made aware of this:

1/ I shall immediately seek directions from the Court with a view to obtaining an injunction against your company, preventing your continued harassment.

2/ I shall also file formal complaints with the FSA, the OFT and also my local Trading Standards office, with a view to urging a review of your suitability to retain your CCA74 & other regulatory licenses.

3/ All correspondence from yourselves will continue to be retained by myself, and may later be used as evidence in a future claim for damages.

The FSA has recently issued stern warnings to those individuals and organisations who have initiated hostile actions (threats and secondary actions, addition of collection charges, and the sharing, passing or processing of personal data with third parties) whilst customers are seeking to enforce their Statutory and legal rights, and I strongly suggest you familiarise yourselves to these warnings.

Since this is a formal complaint you are also required to send me a copy of your complaints procedure, as per guidance from the Financial Services Association, and also the Financial Ombudsman, who act on their behalf.

I look forward to receiving a copy of these, together with your written undertaking that your own attempts at further recoveries will now be suspended.

Yours Faithfully

Edited February 16, 2010 by phatram

[phatram]

Please follow the next episode of this mess at,

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/235045-us-fredricsons-coop.html

[Ibsys]

Fredricson International calling 4 times a day now. I've handed this over to a solicitor. Should I let them know when they write to me?

 

This calling is excessive. Tell them you don't have to accept phone calls or visits and that you will do everything in writing or in your case then pass them to your solicitor. But do threaten them that if they do persist in this tactic that you will report them to the proper Authority under the "Harrassment Act 1997" which says excessive phone calls leading to distress is a criminal offence and can carry a fine of £5000 and/or imprisonment. In the Act they are not to ring up more than the prescribed amount of times under law (twice).

 

This does have an effect if you be forceful in your tone.

[phatram]

Follow this here,

http://www.consumeractiongroup.co.uk/forum/showthread.php?267034-Moorcroft-CO-OP

[phatram]

Coop have passed this to Lowell

[phatram]

I sent off the " account in dispute" letter and have heard nothing back yet. I do expect them to take this to court and I need to be prepared. Any advice as to what I should do?