S**Tstreet
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Thanks CitizenB I've read Andorch's pdf and think I understand it.... I've checked their online banking system and there are definately no archives. Of the two default debts, one has completely disappeared the other has had enormous amounts of charges and interest added to it. At first I thought perhaps they have combined the two without telling me... but this hasn't happened, as calculating the interest from April this year, it seems that they have been charging it since april 2010. The other thing is that this increase in one default is not reflected in my credit report. I am now in an awful position of not knowing what my financial position is with the Cooperative Bank and neither do CAB. They requested amounts outstanding for both defaults and only got one. They are nonetheless going to challenge both defaults, plus the other two accounts (which are currently being paid by ex) because there is fraud on all four, that relates to forged signatures on loans, as well as Amex who have already admitted fraud, and provided evidence of cooperative bank cheques that were used to pay them. It's now almost 3 years that I have been disputing these accounts with the Cooperative Bank, they know that I'm disabled, but this has just made matters worse for me, as their behaviour has become more outlandish. They have charged intersts and charges against the two defaults during the period of dispute, but this will not be addressed by CAB who are simply challenging the whole amount. I have correspondence from the FOS that confirms that the Cooperative Bank as a matter of Policy destroy all original loan documents, which is why the police could not proceed with prosecution of my ex because of lack of forensic analysi. I need this nightmare to end......
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CitizenB I have never received a default statement from the Cooperative Bank, nor anything about not charging interest for 30 days. I can't see what's wrong with the default notices issued, so I'm totally baffled. I'm assuming from your reply, that the Cooperative bank are allowed to charge interest after 30 days? The other thing is that they have been charging more than interest. They've been charging late payment and over credit fees each month, against which they've been charging every increasing interest. Surely if an account is terminated, they are only permitted to charge interest. Also there is a complication, in that when logging onto their online banking, the statements for this account only go back to April this year, previous to that they have all disappeared, and I have never been notified either of their intention to charge interest, nor of what they have charged.
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Thanks CitizenB, what you've written is very useful, I will check the DN/T and see if I can see what's wrong with them. Can't believe though that it's taken them over year to find the last fault whatever that might be, and to keep charging is incredible.... but what you've said has been really helpful, and please also thank Andyorch too for such a quick response, I very much appreciate your help.
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Thanks CitizenB .... if there were issues with the original DN/T then I don't know what these are.... the first set were issued over a year ago with the 2nd a few months later, and the 3rd yesterday. Are they likely to have decided themselves that there was a problem with these termination Notices? I have never disputed them, and always centred my complaint on the fraud. It is horrifying having received a 3rd default notice (with coming 3rd termination) and to see that the amount has increased over £2,000 during the period between the last issue. They never advised me that they would continue to charge late payment fees and over limit charges after the 2nd DN/T nor did they send any statements, and the amounts have not changed on my credit reports since the first DN/T. I am shocked and horrified and frightened too, that no matter what anyone does they just will continue to harrass me and the amount they believe owed increase.....
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Thank you so much CitizenB xx
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Thanks CitizenB, Yes I can confirm that the account has been terminated twice and that there are documents to prove this.... they are quoting the Consumer Credit Act in issuing each default/termination. Is there any Act that clearly states that they are not allowed to do this? CAB are not going to query this aspect because they are disputing the whole amount so that fact that it's increasing is not regarded as an issue to be addressed. However I've asked them to include in the complaint that I'm being harrassed by receiving these default/ termination notices. CAB are mystified that so many default/termination notices have been issued and their opinion is that the Cooperative Bank departments are not communicating with each other. CAB asked them verbally to suspend the account, and yet they have charged interest during this period and issued a third default notice. Anyway that's the detail... I would just like to know where I stand in Law regarding these termination notices, for my own peace of mind please. Thanks
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I've just been issued with a THIRD default notice for the same account advising me that the will terminate the account a THIRD TIME!! Is this legal?
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Thanks for the response cerberusalert, much appreciated. The FSA don't deal with individual cases, with information relayed to them from the FO. This also applies to OFT, where you advise them of the case but they gather all the info against the financial institution rather than dealing with an individual case I've discussed with CAB making a further SAR, who have advised to hold back for the moment, because the Cooperative Bank have only provided one balance to them instead of the two requested. They are going to dispute all four accounts. I am deeply depressed by it all.... Anyway if anyone can advise on the questions regarding charges after default.... I'd greatly appreciate this. Many thanks
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The only triangle I can see is one that marks my posts as offensive :/ Help anyone?
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Thanks dx and good luck with your move, hope it's smooth and hassle free. First where is the triangle that I hit? (sorry for being dense) Secondly CAB also have this view, they will prepare a complaint on my behalf. They have said that it doesn't matter whether it's 10k or 100k they are going to dispute my liability with the Cooperative Bank. It's infuriating that almost 3 years later, the Cooperative Banks response to CAB has been that they did not know they were in dispute! This is after contact from a solicitor, the FO, Police, and a very thick lever arch file of letters from me... I would just like to know where I legally stand on these aspects - I feel totally helpless, it's like they have all the power to do whatever they like and make my life a living hell
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I would really appreciate some guidance on knowing what my rights are, to give me a bit of peace of mind, my CAB advisor is away at the mo..........
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I've checked the OFT debt collection guidelines, and understand the situation regarding these. However SAR copy of the original agreements is too poor to read to determine whether they are able to continue adding things like late payment fees, interest etc. after they have terminated the account. I've tried searching the library here and the net for information, but have come up with a zero as to wether this is permitted. Can anyone help direct me where to look, or better still provide an answer please? Many thanks
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Hi dx100k, Yes there is a very extensive paper trail, and that is part of the problem, in how to condense it into the valid points. So much has gone wrong on these accounts that it's become extremely difficult to manage. Are you able to provide me with answers to my questions please? Or would you require further info from me in order to answer?
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I don't know where to start with this one which has been going on since 2008, and has become extremely complicated. Basically I am now with a CAB agency that will lodge a further formal complaint with this bank regarding two defaulted credit card debts. I now have evidence that they misled the financial ombudsman did not disclose information to either my solicitor or the Police regarding the fraud on these two accounts. They did not carry out an internal investigation marked on their computer systems that 'it was not fraud' in the middle of a police investigation, which has left the case open to further disclosure. in January 2010 the Coop placed both accounts into default and issued termination notices. My credit reports show the amounts that were defaulted at this time. On one credit card account two sets of Termination and Default Notices were issued all showing different amounts that increased the debt with a 6 month gap in between. Is this legal? It has now also come to light that since CAB have taken on my case (april this year) one of the credit card amounts is no longer on the online banking, the other has doubled without my knowledge. I have received no statements since the termination notices on both. Yet both defaults are on my credit report with amounts the same as the first default notices. On looking at the online statements the remaining card, has been charged overlimit/late payments charges and interest on cash/merchanise since April. Are banks able to levy these charges after default and termination? Without advising me? Are they also able to combine two defaulted debts into one without telling me and not reflecting this in my credit report? Any information regarding this would be greatly appreciated, as it's worrying me sick.
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Equidebt just confirmed today that they are only collecting and haven't bought the debt..... so will post what happens regarding call to Coop bank later.
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Can anyone tell me about the DCA and what their remit is with regard to the debt please? Also if a police fraud investigation is open to further disclosure, are the Coop able to give this to a DCA?
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If a debt is passed to a DCA, do they take ownership of the debt? Or are they simply collecting with a commission?
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The Coop issued default notices last year, I think another was issued after they felt their complaints department had said I had 6 months to take it back to the FO. I could take it back to the FO, but feel that they have limited powers, and that it would be better dealt with the ICO. The DCA are chasing payment for an account that is in dispute, and which basically the Coop are deciding isn't fraud despite the evidence to the contrary and the fact that they cooperated with the police.
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LOL! PGH did that!! Today gave the DCA the crime reference number and asked why the Coop hadn't given them the history of the account, ie fraud and dispute, as required by OFT. Did a SAR on Coop last year, and asked them to disclose the details of their own internal investigation, plus the payees of the cheques on the credit card. They failed to do that.... hence why I was due to take it to the IC. I'm too ill to keep going on at this, it's really taken a toll on my health, was even contemplating waiting the 6 years because of this.....
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Hi, Hopefully I'm posting on the right forum! Long and complex story involving the Coop, and briefly there are four accounts on which fraud was reported to the Coop. Police investigated and left this open to further disclosure about a year ago, it has a crime reference number. The Coop customer complaints acknowledged that they cooperated with the Police, so in my opinion there has been some acknowledgement on their part of fraud. I had been intending to take this to the IC office, to request the removal of this and the other debts, but due to ill health and disability, I haven't yet. The debt went into default last March, as I will not pay off a fraudulent debt. I'm registered with CIFAS, have notices of correction on my credit report etc. The case went through the FO initially, and although the Coop failed to disclose all that was requested, the FO decided that the matter was better left to the Courts rather than their decision. Anyway to cut a long story short, they have issued several default notices on this particular debt of approx £2,500, and today I was contacted by a 2nd debt collection agency threatening to take me to court send bailiffs around. I've scheduled a telephone call with the Coop customer care woman tomorrow. Any help advice that anyone can give would be greatly appreciated.
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Hi Wycombe, I don't understand why I would need a copy of the Police Report, as I have a letter saying that they are keeping the case open to the disclosure of further evidence. What I have done is ask the Cooperative Bank under SAR to disclose their witness statement, and details of fraud investigation which they stopped for some unclear reason. I made a request for all of my info in January, yet they are quoting these instances that weren't disclosed to me...... Would you explain please why a copy of the Police Report would be useful? They advised they needed original documents for forensic analysis and the cooperative and the FO have confirmed in writing that the docs are destroyed as soon as they are scanned/filmed. So I think this comes under the Information Commissioner. Many thanks
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Thanks Pinky I have a full lever arch file of documents, following a SAR request. It's difficult to know how to use these documents to present a case that is quite complex: 1. There is the fraud i.e. breach of the protection of my data that crosses four accounts 2. The breach of my data is represented by forged signatures on loan documents 3. They admit that they don't have a customer identification record against which to check my signature and didn't check it 4. There is a whole load of stuff where the addresses are an issue, but I'm thinking perhaps I should leave those for the Office of Fair Trading 5. There's also stuff that they didn't disclose in the SAR that relates to their own fraud investigation which they stopped for some unclear reason 6. They also didn't declare their witness statement to the police in my SAR request, yet are using this as their reason for having fully cooperated with the Police. Despite the fact that I have in writing from them and the FO that they destroy all original loan agreement documents as a matter of policy before scanning or film...... so the police although having left their investigations open could not proceed to forensic analysis for criminal prosecution. Yet, even though they have provided witness statement, can't prove my signature, they refuse to accept fraud, and pursue me with threats of court action, bailiffs and making me bankrupt. What I feel about them is unprintable.... but I need to effectively present my case. Typing it out this way is helping
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Thanks again Cerberusalert, Are you able to provide any advise regarding submitting a complaint to the Information Commissioners Office please? I have a full lever arch file of documents and I'm not sure about the best way to proceed in presenting the case and crossreferencing this to evidence. Many thanks again
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Thanks Cerberusalert, Will the Information Commissioner's Office be in the know about the Money Laundering Act?
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Thanks Cerberusalert, I've had a look at these two acts, are you able to direct me to the relevant point please as I can't seem to find it? Many thanks
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