The Co-op are rubbish!!!

[Under Siege]

I have an old account which I do not use anymore with our friends the co-op bank.

the account was overdrawn by £700 which is entirely made up of charges.

 

I sent them the usual letter asking them to refund these charges but received a bogoff letter telling me that they are awaiting the results of the high court case.

 

Now they are calling me almost every day, they are rude and even though I tell them that I am unemployed they say I should pay from my benefits and if I do not they will continue to add charges.

 

The balance is now over £850 overdrawn (What the hell, weve got a sucker here lets add another £150)

 

What should my next move be?

 

I thought that since they told me that they were waiting the results of the high court case they could not more charges.

[Michael Browne]

I thought that since they told me that they were waiting the results of the high court case they could not more charges.

Unfortunately, not the case. Send them this letter:

 

Account_in_Dispute

[saintly_1]

Unfortunatly they can and do still add charges

If you have sent the prelim approach then send them the LBA adding the new charges onto the claim

[Under Siege]

I have sent them Michael Brown's letter -

 

"ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,"

 

I also sent them a S.A.R and Telephone Harassment letter, however the telephone calls are continuing and I had a heated debate with one of their staff (I know I shouldn't but they wind me up!)

 

She said that "the account is not in dispute and they can still proceed to register adverse information with the credit agency's" plus they are not obliged to stop calling me even though I have formally requested this in writing!"

 

 

Who do these people think they are? I am so angry I will take this all the way!!

[sallysas]

You can send them http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

for a start. Were you on benefits when they started taking these charges as that is against the law. If that is not the case you can still send all the relevant letters, lba next as advised above but because your income is made up entirely of benefits you can play the 'hardship' card as it will quite rightly applies in your case. All the best - and think about NOT calling them. Nasty people.........

[Under Siege]

Hi sallysas,

My first post is a little misleading, when I told Co-op that I am unemployed, they assumed that I was claiming benefits, however I am currently trying to establish my own business.

Not that it makes any difference to the way they are trying to rob me!!

[rory32]

Have you opened another bank account?

 

Regarding the phone calls, the last paragraph of the harassment by telephone letter states:

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

I would now do this. I would also make an official complaint to the Co-op. If they don't resolve it to your satisfaction you can then get the FOS involved as well.

[Under Siege]

Thanks rory,

 

I have another account and do not use the co-op one at all now.

I will compose a letter of complaint over the weekend.

[sallysas]

If I had brains I'd be dangerous!!! Glad you've got some good advice.

[Under Siege]

Thanks sally,

 

Ive just been reading your thread, good luck.

[Under Siege]

I have sent the "Account in dispute" letter the "Telephone Harassment" letter and a S.A.R

Whilst the telephone calls have stopped.

I have received a letter this morning - WARNING - FORMAL DEMAND IS IMMINENT Which is telling me they will commence litigation in 7 days time!!!

 

What should I do? remember this overdrawn amount is entirely made up of charges.

 

Another thing that winds me up is the first sentence on the letter - "We are very disappointed that despite several attempts to obtain realistic repayment proposals for this account, you are still choosing to ignore our letters" - Which is a load of rubbish as I have responded to several of their letters (by recorded delivery)

 

After reading about Tom Brennan's bravery I am prepared to fight these swines however I need advice as to what my next step should be.

[dave]

Now, if this were me (and it will be soon enough), then I would write back saying that you welcome litigation, and as the OD is made up entirely of charges that you will be applying for a stay pending the outcome of the OFT court case.

 

Then actually do so, if and when they come good on their threat.

 

I personally doubt they will come good on it. It's rare, although not impossible. And each bank is different. It could be that the co-op actually do as they say.

 

Yeah - right - a bank actually doing what they've told you they will. ;-)

 

I have been harrassed for an amount in dispute from a util company for over a year - they WILL NOT provide me the information I have requested and keep threatening court. The last time they threatened court was in August this year. They told me I had 7 days to pay or else....

 

Well, I'm still waiting for the court papers - I have a pretty good defence for them when (or if) they arrive.

 

Have you put them on notice under S.10 of the Data Protection Act?

 

You should. If they then continue to tell a third party about your personal information, then you can complain to the Information Commissioner, and back it up with records of the S.10 notice.

[dave]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

[Under Siege]

Dave,

 

I like the Data Protection Act Notice, I will send that off tomorrow.

 

Any suggestions as to how I could word my letter to co-op because If they do take me to court I will do everything in my power to fight them however I have no experience of this what so ever and I am a little nervous.

 

Thanks

[sallysas]

Write whatever you like in the main body of the letter but I suggest you add this as the last paragraph.

 

I note from your latest correspondence that you have issued me with a Default Notice on this account - I need to make you fully aware that as I am disputing the sum owed you must refrain from any further action until this dispute is fully resolved.

 

I did this and now have reason to believe that the bank in question (has a well known employee called Howard) have defaulted me anyway. Going to check my credit rating and if my belief is correct I will take further action. I have no idea how long it took them to ignore my notice I'm afraid. Maybe the co-op won't be so diabolical. They have proved fairly reasonable in the past............

[Under Siege]

Can anybody take a look at my response and possibly tweak it a little, Please bare in mind English is not my strongest subject

 

With regards to your letter dated ***********, could you please advise me whether this letter is generated by computer or has actually been written with reference to my account.

I am confused by your statement “you are still choosing to ignore our letters” when I obviously have not ignored them (I have copies of all my correspondence plus delivery receipts to confirm this).

 

 

On your threats to commence litigation –

 

I welcome litigation. As the amount you claim I owe is made up entirely of charges I will be applying for a stay pending the outcome of the OFT court case.

 

 

 

I note that you have still not responded to my Subject Access Request