Sev Vs Moorcroft c/o Cahoot

[Sev]

Hello to all.

 

This thread is sister to my orginal thread : Sev vs Moorcroft vs Cahoot found here in the debt action group forum.

 

After two years of trying to be agreeable, I see that Cahoot have no intention at all of helping me try to clear my debt with them, instead choosing to let their collection agency dogs do their dirty work.

 

So, it's about time I got any and all charges back off them in order to help me get them off my back a bit quicker.

 

I'm going to send two letters - one to their MD, another, the SAR.

 

Here they are:

 

Matthew Tims

Managing Director

CAHOOT

Friars House

PO Box 1981

Coventry

CV1 2ZD

Date

Re Account No No:

Dear Sir,

I am writing in order to express my utter disgust at the levels your organization has stooped to in order to recover the above debt, and the carefree attitude to your industries own rules and regulations.

I had been a loyal customer of Cahoot since 2003. In 2006 I came into financial hardships which I had hoped would pass quickly, however, they did not. I contacted Cahoot every step of the way thinking wrongly that they would be sympathetic to my needs.

In December 2006 my debt was passed onto a collection agency without any prior warning or notice, which in itself is against your own industry regulation. This collection agency’s staff member felt the need to threaten my elderly parents and intimidate them into paying monies towards my debts. I also am sickened that they have such a ‘who cares’ attitude towards confidentiality in pursuit of their commissions.

The trust and relationship that I held with my family is now utterly destroyed because of these callous actions, having caused emotional shame and stress which is beyond words.

As of April 2008 the debt allegedly was passed to Moorcroft Debt Management for collection. Once again, no notification or documents were issued by you or Moorcroft, instead preferring to telephone late into the evening and state that as the debt could not be paid, they would ‘begin court action’.

Given that my original complaint was never pursued, given that Cahoot has never been in contact with me personally despite my regular token payments in order to show goodwill on my part and demonstrate that I am not running away from my obligation to pay this debt; I can only draw the conclusion that Cahoot are fully aware and endorse these aggressive methods of collection and you as director fully sanction.

As I am sure you are aware Harassment of debtors is a criminal offence in England and Wales under section 40 of the Administration of Justice Act 1970.

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997, and given the gravity of the situation I should have sought an injunction against yourselves and your collection agency under section 1 of the Harassment Act 1998, acting on advice from the Crown Prosecution Service.

It was I who came to you in order to ask for help to deal with my debt situation. It was one of your staff who convinced me to borrow on my loan in order to ‘maintain payments’. A copy of the conversation recorded which I await as is my right.

Your parent company destroyed any chance of being able to repay you in any meaningful manner by stripping away what resource there was in the form of charges, which I now know to be unlawful and am in the process of recovering.

You have persisted in adding interest, and charges, uncaring as to my situation. I have a very real desire to repay this debt, but as of this moment I do not have the means to do so. Hence my token payment of ten pounds per month.

Since I first came to you to come to some agreement, I have had two collection agencies aggressively attacking me and my family psychologically and through verbal intimidation. Never has Cahoot thought to call in order to discuss a reasonable plan.

If Cahoot has sold the debt on, why have I not been notified, and more importantly why is it still taking what little I can afford?

If cahoot has not sold the debt on, why have you not contacted me to come to an agreeable arrangement, rather choosing to let collection companies do your work – knowing full well of the tactics they use – again I ask you, does this then mean that Cahoot fully endorse those tactics and methods used for collection?

Why should I pay a debt collection company when they will only hand a portion of it to you? And what makes you feel that I can pay them anymore that I can pay you? – unless of course you sit and take the pleasure of knowing what for the harassment and collection method will take – My just deserving punishment for not being able to pay you.

How does it feel knowing that you had driven me to a point where suicide was a very real option?

How does it feel knowing that it was easier to throw the rope I was holding over a branch and ending it all, rather than facing my family and dependents again?

I feel that it is only right to go public with this matter, as it is only right in the current economic climate that the public at large understand what happens when good debts go bad, and what methods are used by your industry and endorsed by people such as you.

I await your reply in this matter, and as always will gladly talk with Cahoot, as I have always been prepared to do, and will continue to make my payment until my situation improves. Cahoot has obviously decided that I am one of the ones who ‘wont’ pay rather than ‘cant’ pay – but more than likely there is no real difference in your eyes.

Yours Sincerely

 

Does anyone know for certain that Matthew Tims is the director of Cahoot?

[Sev]

Ammended SAR request:

 

Dear Sir/Madam

 

Thank you for your letter of 13th November 2008, the contents of which have been noted.

Before I can enter into an agreement with you please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

Supplied as Requested – Thank you

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

The statement of account will also show the regular token payments I have made to this account since the beginning of my financial hardships.

Once supplied with the said information, I will be more than happy to enter into a payment agreement and acknowledge you ownership of the debt.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

[Sev]

Also have sent S.A.R from the library.

[42man]

Good letter to Cahoot MD Sev....

[Fred Bassett]

Hi Sev, you've raised some good point in your letter. It will be interesting to see if they respond and how.

 

In the meantime, I would advise you to ask the Mods to move this thread to the Debt Collection Forum which is very active and where you are much more likely to get a quick response.

 

You can do this by clicking the red triangle at the bottom of the post (it will say something about 'report this post' and sending a quick message to the mods.

 

Good luck.

 

Regards.

 

Fred

[Sev]

Hi Fred, thanks, I have already got one in the debt action group forums. The reason this is here is that I heave decided to claim back any charges levied on the loan whilst all this was going on. If nothing else it would be interesting to see whether and what the reply is going to be.

[Sev]

Hello all, hope that you've had a nice crimbo.

 

Right the update so far:

 

On the 15th Moorcroft sent a letter, which postmarked 16th arrived on the 20th.

 

it reads as follows:

 

Dear Mr Sev

 

I write further to your recent correspondence dated 25th November 2008 and in order t osupply this information please provide proof of your identity (a copy of your driving licence, a copy rent book, utility bill etc.).

 

I have enclosed a stamped addressed envelope so the relevant information can be sent directly to myself.

 

Upon receipt of the above your request will be given our immediate attention.

 

Yours sincerely

 

Mrs K Murray

 

Operational Support Supervisor

 

 

Now, i'm sure that in the letters I have sent them, it states that my address and identity should be found acceptable to them, and anyway - if identity was so important, why did they never ask for it initially on first contact?

 

Any templates for a reply from anyone that has had this before?

 

 

I have also received a reply from cahoot themselves, but not from their MD.

 

Their letter just bangs on about how I shouldn't be seeking to reclaim bank charges, but doesn't address the other requests for informations, just a print out of payments made and charges imposed.

[Sev]

Hello all, and I hope that you've all had a good crimble.

 

I received a letter from cahoot finally in relation only to my SAR but nothing from their directorship in reply to the letters sent.

 

Strangely enough, it is two pages of why I should use the FOS, and their internal complaints procedure instead of trying to reclaim charges.

 

Similarly, you should be aware that if you choose to issue a claim to the courts, the bank will immediately apply to the court for an order to stay your action until resolution of the bank's proceedings with the OFT.

 

To be honest for the sake of 90 quid, i'm more interested in the recordings of conversations and letters authorising collection which have not been supplied.

 

Oh and their wonderful cop out of signing everything 'the cahoot team'.

 

So I think another letter reinforcing the need for disclosure of the other information is in order, and then a call to a tabloid or two perhaps.

[spamheed]

Hello all, hope that you've had a nice crimbo.

 

Right the update so far:

 

On the 15th Moorcroft sent a letter, which postmarked 16th arrived on the 20th.

 

it reads as follows:

 

 

 

 

Now, i'm sure that in the letters I have sent them, it states that my address and identity should be found acceptable to them, and anyway - if identity was so important, why did they never ask for it initially on first contact?

 

Any templates for a reply from anyone that has had this before?

 

 

I have also received a reply from cahoot themselves, but not from their MD.

 

Their letter just bangs on about how I shouldn't be seeking to reclaim bank charges, but doesn't address the other requests for informations, just a print out of payments made and charges imposed.

 

The CCA makes no mention of having to provide documentary proof of identity, after all, they have repeatedly sent sensitive items to you, at your address, if there was any doubt about your identity, they should not have contacted you in the first place.

 

The government themselves have stated that there is no circumstance whatever where confidential information should be given out to unidentified individuals or companies.

 

I would refuse their kind request on the basis that according to the government of this country, sending personal information through the mail creates a real risk of identity theft and fraud and also because they should already know who you are, otherwise would they kindly accept that in approaching you without first verifying your identity, they are accepting that they are in breach of the OFT guidelines

[Fred Bassett]

Hello all, and I hope that you've all had a good crimble.

 

I received a letter from cahoot finally in relation only to my Subject Access Request but nothing from their directorship in reply to the letters sent.

 

Strangely enough, it is two pages of why I should use the FOS, and their internal complaints procedure instead of trying to reclaim charges.

 

 

 

To be honest for the sake of 90 quid, i'm more interested in the recordings of conversations and letters authorising collection which have not been supplied.

 

Oh and their wonderful cop out of signing everything 'the cahoot team'.

 

So I think another letter reinforcing the need for disclosure of the other information is in order, and then a call to a tabloid or two perhaps.

 

Sev,

 

I had a similar response to my SAR so I wrote back to tell them I wasn't satisfied. I'm not that bothered about reclaiming charges from them because they don't amount to much (less that your £90), but I think they automatically assume that this is what it is all about.

 

Regards.

 

Fred

[Sev]

Well ,it's taken quite a few months but I received a reply from Moorcroft, and it reads as follows:

 

28th Mat 2009

 

Dear Mr Sev

 

Forther to our previous correspondence regarding your request for a copy of all personal data held about you we note that you have failed to supply the requested proof of identity. We therefore return the £10.00 payment you submitted with your original request and this is duly enlosed.

 

Consequently, we advise that we have closed our file regarding this request houwever, should you still wish this information please resubmit your request together with your payment of £10.00 (cheques being made payable to Moorcroft Debt Recovery Limited) as well as an acceptable proof of your identlty (a copy of your drivers licence, passport, rent book or recent utility bill).

 

hould you have any questions please do not hesitate to contact us direct on the above number.

 

Yours Sincerely

 

Mrs K MUrray

 

Oerational Support Supervisor

 

I just love the way that they can ring and send documentation, but when I write back asking for information apparently it's not me.

 

So do I wait until the next barrage or write back?

[Sev]

Hi all,

 

Like many on here I had a cahoot flexiloan, and like many when things went bad for me with work and income I was encouraged to borrow on the loan in order to keep repayments up.

 

I kept sending only what I could afford (and still do) of which nothing was ever acknowledged and only defaults filed every month.

 

My 10 pound token payment has never been refused (yet) and today I get a letter saying the following, not from cahoot but from Santander Loans;

 

Dear Mr Sev

 

We recently contacted you to confirm that the management of your loan transferred to Santander on the 21 March 2010. You can now namage your loan using contact centre support and will receive monthly statements through the post.

 

This statement is for information only and you do not need to contact us.

 

Your loan account number is xxxxxxxx and there is currently no interest being charged on this account.

Below are the transactions on your account for the periods (three day period in march)

 

Minimum Payments

If you make only the minimum payment each month, it will take longer and cost you more to clear your balance.

 

Dispute resolution

If you have a problem with your agreement, please try to resolve it with us in the first instance. If you are not happy with the way in which we handle your complaint or the result, you may be able t ocomplaint o the financial ombudsman service. If you do not take up your problem with us firstyou will not be entitled to complain to the Ombudsman. We can provide details of how to contact the Ombudsman.

 

Yours sincerely

 

Graham Rymer

Head of Collections Operations

 

I never reveived any initial letter about the transfer of the loan, nor email nor call. I'm just curious if anyone else has had the same happen and is more advanced in the situation?

Edited April 27, 2010 by Sev

[cymruambyth]

Hi I've received the same letter and have also had no other communications.

[ncf355]

This is due to the fact Santander bought Abbey, so nothing particular to worry about