CO-OP OD all charges - and Loan to pay off OD...

[phatram]

This is the 4th or 5th DCA to have these accounts and all have returned them. What has changed to make these parasites think they can carry on?

[BRIGADIER2JCS]

Persistence and bloody mindedness.

[citizenB]

Moved to Debt Collection Industry forums as requested and the link for the ICO Technical Guidance on Defaults is below.

 

 

 

[ATTACH=CONFIG]46311[/ATTACH]

[phatram]

Many thanks.

[phatram]

For anyone looking in these two accounts are now with Lowells.

[citizenB]

Have added that to the thread title, Phat

[phatram]

Thanks

[phatram]

Today.

 

 

[citizenB]

Both letters dated the same day ?

[Old Cogger]

push button company no doubt

[phatram]

One letter relates to the O/D on the current account and the other to the loan account.

[citizenB]

One letter relates to the O/D on the current account and the other to the loan account.

 

Righto, well you need to bone up on Lowell - they have been issuing stat demands like confetti at a wedding.

 

If I recall, there are disputes on both these so you should advise Lowell of this.

[phatram]

Told them numerous times but they take no notice. I'm fed up of this bullying and I'm seriously considering billing and turning it onto them .

[phatram]

The current account O/D contains charges going back from December 1999 to May 2007 so how can they claim I owe those, surely they are SB?

[unclebulgaria67]

The current account O/D contains charges going back from December 1999 to May 2007 so how can they claim I owe those, surely they are SB?

 

If you have not made any payments towards this overdrawn account, it should be statute barred by now. You really need to get in touch with the bank concerned to find out when they entered the account into default. This should have been within a couple of months of you not paying.

 

Is this debt still on your credit record ? If it is not, then this may be an indicated it is SB'd.

 

Because of the way Lowells behave, you would probably be best to approach the bank concerned to get the information you need about statute barring. i.e when you actually paid any money to the account and when they defaulted the account. Ask them about their terms and conditions on the account at the time, about when they would consider the account to be in defaulted status.

[phatram]

Thanks. As these accounts should not have been passed to them should I be asking anything of Lowells? Have they bought the alleged debts? Do they need to prove to me they are legally entitled to ask for this money etc ?

[BRIGADIER2JCS]

Were you informed by the creditor and/or Lowell that the account had been sold?

[phatram]

I think I had a letter from Lowell but nothing from CO-OP.

[unclebulgaria67]

Thanks. As these accounts should not have been passed to them should I be asking anything of Lowells? Have they bought the alleged debts? Do they need to prove to me they are legally entitled to ask for this money etc ?

 

I don't think you should trust Lowells with any information. They are there purely to collect on the debt and may not have much info on file. It would be safer to find out info from the original creditor.

[BRIGADIER2JCS]

An NOA can come from both the creditor and or the DCA.

The likelihood that a DCA would be chasing the debt with out it being sold or assigned to them is remote if not impossible.

[phatram]

So, what should I be doing next?

 

I'm going to write pointing out the ICO default stuff and I'm going to SAR the Coop for the loan account.

 

'll be asking for transcript of phone calls for the selling of the loan which WAS sold to me to in part consolidate an O/D made up of charges and interest on those charges.

 

I do not believe I have been treated fairly, is there any BCOBS stuff I can quote?

 

I've just found a connection between Cohens and Lowells.

 

A few years ago Cohens returned these accounts to the Coop and apologised to me for all the hassle !

 

I ACKNOWLEDGE NO DEBT TO YOURCOMPANY

 

Thankyou for your letters dated 12 September 2013, the contents of which have been noted.

 

I have been advised to inform you of the following;

 

The Co-operative Bank has failed to follow ICO guidelines on defaults and has treated me unfairly

 

I will repeat once again that these accounts are in serious dispute with the Cooperative Bank for reasons known to them. Due to your unwillingness to believe me, you leave me with no option but to take matters further. I will now SAR the bank to obtain the information I require to enable me to do this.

 

Yours sincerely

 

Anything else I should add?

 

Should I be asking anything of Lowells?

[unclebulgaria67]

Should I be asking anything of Lowells?

 

What do you want to ask them ? Confirmation in writing that they note your dispute with the Coop. That would make sense, as you then have it in writing that Lowells confirm that they have your letter advising of a dispute.

 

In your letter to Lowells, I think you should provide some basic information about your dispute with the Coop.

[BRIGADIER2JCS]

I ACKNOWLEDGE NO DEBT TO YOURCOMPANY

 

 

Thankyou for your letters dated 12 September 2013, the contents of which have been noted.

 

 

 

I have been advised to inform you of the following;

 

 

 

The Co-operative Bank has failed to follow ICO guidelines on defaults and has treated me unfairly

 

 

 

I will repeat once again that these accounts are in serious dispute with the Cooperative Bank for reasons known to them. Due to your unwillingness to believe me, you leave me with no option but to take matters further. I will now SAR the bank to obtain the information I require to enable me to do this.

 

 

 

 

Yours sincerely

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Anything else I should add?

 

I would point out to them that this 'matter' had in the past been sent back to the creditor by Cohen and that Cohen had apologised for making contact in regard to this matter, you should send a copy of that letter to:

 

Private & Confidential.

Ms Sarah de Tute

Director of Legal & Compliance

The Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

[phatram]

Thanks

 

Sent letter recorded delivery, will post reply when it arrives.

[phatram]

 

Confused.com :???: Not long ago they were threatening to take me to court for this none existent current account debt.

 

What should I put in a SAR if I require a copy of what was said in phone calls concerning the setting up of a consolidation loan to pay off an OD made up of bank charges and interest?