tilleyedie v Cahoot

[tilleyedie]

Hi All

 

currently me Vs Cahoot, for £1500, no sure what im doing so may need your help soon

[maroondevo52]

Hello and Welcome, Tilleyedie.

 

Have a look at the step-by-step......

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Start your own thread in the Forum 'linked' below.....

 

http://www.consumeractiongroup.co.uk/forum/cahoot/

 

If you have any questions regarding your claim, ask them on your thread.

Also keep your thread updated, so people know what stage your at and how they can help you.

 

 

Regards.

 

Scott.

[MARTIN3030]

Good to see you here..as Maroon suggests you need to get started in the Cahoot forums so will move this there for you.

Feel free to ask away for help should you need it.Read some other Cahoot threads too.

[tilleyedie]

Thanks Guys, i have not got a clue !!

[MARTIN3030]

Have replied to your PM.

Dont worry...we are all new here at the beginning.

[tilleyedie]

Ok Guys this is where the help is requiered

 

First Replay

 

Dear Mr XXXXXXX,

I’m contacting you further to your letter regarding your cahoot credit card account.

We do not accept that cahoot charges are unfair under the Unfair Terms in Consumer Contracts Regulations 1999. The object of these Regulations was not price control nor were they intended to interfere with people's freedom to agree the terms of their contracts.

It is well known that banks make charges and cahoot charges are in line with those of other banks. The terms and conditions of the account and the charges that apply are clear and fair and were provided to you at the time you opened it. You freely agreed to the terms and conditions and the charges when you opened the account. You were not under any obligation to do so and could have gone to another bank if you did not agree to the charges. Equally, you are free to move your account to another bank at any time if you do not agree with the charges.

In any event, we do not agree that the charges are disproportionate. The charges are reasonable and proportionate to the administrative costs incurred by cahoot.

I've considered this matter carefully and am not in a position to refund the charges you've incurred.

Please be assured I have carried out a full investigation for you and I hope you feel I have offered a fair response to all of the issues you've raised. I will keep your file open for the next 8 weeks and if I don't hear from you within that time, I will assume that everything is resolved and will close your file. If you remain dissatisfied though you can find details of how to take your complaint further within Abbey at http://www.cahoot.com/legal/legal.html#importantInfo under the heading 'Complaints policy'. The complaints policy also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.

Yours sincerely,

David Freeman

cahoot Service Relationship Manager

Told them I wasent happy

2nd Reply

Dear Mr XXXXXX,

Thank you for your recent e-mail.

I’ve again considered your complaint and do feel that the charges are fair. This is my final response in relation to this matter.

If you wish to escalate your complaint you will now be required to write to Abbey's Stage 2 complaints team. This department is an autonomous body within Abbey who will review your complaint on an independent basis. If you decide to write to them please state that cahoot has issued its final response in relation to this matter and please quote my name so that the relevant paperwork can be quickly obtained.

Stage 2 Complaints

Abbey

PO Box 911

Central Milton Keynes

MK9 1AD

Stage 2 Complaints will review the details of your case and carry out its own investigation. In the unlikely event that you are still dissatisfied you can write to the Financial Services Ombudsman at the address below.

South Quay Plaza

183 Marsh Wall

London

E14 9SR

Please be assured I have carried out a full investigation for you and I hope you feel I have offered a fair response to all of the issues you've raised. I will keep your file open for the next 8 weeks and if I don't hear from you within that time, I will assume that everything is resolved and will close your file. If you remain dissatisfied though you can find details of how to take your complaint further within Abbey at http://www.cahoot.com/legal/legal.html#importantInfo under the heading 'Complaints policy'. The complaints policy also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.

Yours sincerely,

David Freeman,

What is my next step, again thanks for your help

Tilleyedie

[maroondevo52]

Hi, Tillieydie.

 

Was that your first letter to them, and did you also include a schedule of charges ?

 

If so when did you send it ?

 

 

Regards.

 

Scott.

[tilleyedie]

BOTH SENT 20/02/08

 

I got the standerd letter back 3 Weeks Later stating nothing was happening due to test case, I pointed out that the test case did not effect Credit Cards i never got a Reply, I Pointed out AGAIN it did not effect Credit Cards and Got The Previoustly Posted Reply on the 24th Apr

 

Dear Sir or Madam,

Re. Account number: XXXXXXXXXXXXXX

I am writing to request that you repay all the late payment fees and/or over limit fees that have been applied to my account.

I do not believe the charges reflect the true cost to Cahoot and are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999.

This is supported by the Office of Fair Trading’s April 2006 statement into credit card charges, which noted that the level of charges at the time, and prior to that period, were unfair.

I request that my complaint continues as it is not covered by either of these arrangements.

The FSA Waiver states - “We are making this waiver by consent available only to providers of current accounts with overdraft facilities. The test case aims to establish legal certainty on the lawfulness and fairness of charges levied by current account providers for unauthorised overdrafts.”

THE OFT Agreement states – “The OFT has initiated an investigation under s.224 of the Enterprise Act 2002 into the fairness or otherwise for the purposes of the Unfair Terms in Consumer Contract Regulations 1999 of certain terms contained in each Bank’s personal current account arrangements…”

As my complaint is not in relation to current account provisions and you are not authorised to suspend my complaint

The charges total £250.00, plus as I believe I have been unlawfully deprived of the money I have calculated £99.51 interest at the statutory rate, the amount the court will award.

 

I therefore ask that you repay me the full amount of £349.61. I have attached a full schedule of the charges and interest with this document.

I look forward to a full response to this letter within 14 days.

Yours faithfully,

XXXXXXXXXX

Charge Value

Date

Interest

Total

£25

01/09/2002

£10.95

£35.95

£25

01/11/2002

£10.62

£35.62

£25

01/12/2002

£10.45

£35.45

£25

19/12/2002

£10.35

£35.35

£25

01/01/2003

£10.28

£35.28

£25

01/02/2003

£10.11

£35.11

£25

20/02/2003

£10.01

£35.01

£25

01/03/2003

£9.96

£34.96

£25

20/03/2003

£9.86

£34.86

£25

19/08/2004

£7.02

£32.02

Total

£250

£99.61

£349.61

 

 

AND

 

Cahoot

Friars House

Coventry

CV1 2ET

Dear Sir or Madam,

Re. Account number: XXXXXXXXXX

I am writing to request that you repay all the default charges that have been applied to my account during the past six years from the date of this letter. I do not believe these charges reflect the true cost to Cahoot of going into unauthorised overdraft.

 

The charges total £905.00, plus as I believe I have been unlawfully deprived of the money I have calculated £301.31interest at the statutory rate, the amount the court will award.

 

I therefore ask that you repay me the full amount of £1206.31. I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days.

Yours faithfully,

XXXXXXXXX

Charge Value

Date

Interest

Total

£20

12/08/2002

£8.85

£28.85

£25

20/08/2002

£11.02

£36.02

£25

20/09/2002

£10.85

£35.85

£25

20/10/2002

£10.68

£35.68

£20

04/11/2002

£8.48

£28.48

£20

15/11/2002

£8.43

£28.43

£25

20/11/2002

£10.51

£35.51

£25

20/12/2002

£10.35

£35.35

£20

03/01/2003

£8.22

£28.22

£20

09/01/2003

£8.19

£28.19

£25

20/01/2003

£10.18

£35.18

£20

21/01/2003

£8.14

£28.14

£25

20/02/2003

£10.01

£35.01

£25

20/03/2003

£9.86

£34.86

£25

20/04/2003

£9.69

£34.69

£25

20/05/2003

£9.52

£34.52

£25

20/06/2003

£9.35

£34.35

£25

20/07/2003

£9.19

£34.19

£25

20/08/2003

£9.02

£34.02

£25

20/09/2003

£8.85

£33.85

£25

20/01/2004

£8.18

£33.18

£25

20/02/2004

£8.01

£33.01

£25

20/03/2004

£7.85

£32.85

£20

08/06/2004

£5.93

£25.93

£25

20/06/2004

£7.35

£32.35

£25

20/07/2004

£7.18

£32.18

£20

04/08/2004

£5.68

£25.68

£20

18/08/2004

£5.62

£25.62

£25

20/08/2004

£7.01

£32.01

£25

20/09/2004

£6.84

£31.84

£25

20/10/2004

£6.68

£31.68

£25

20/05/2005

£5.52

£30.52

£30

20/06/2005

£6.42

£36.42

£30

20/07/2005

£6.22

£36.22

£30

20/08/2005

£6.01

£36.01

£30

20/09/2005

£5.81

£35.81

£30

20/10/2005

£5.61

£35.61

Total

£905

£301.31

£1206.31

 

 

 

THANKS

[maroondevo52]

Hi, I take it that's two seperate account, if so send them your LBA, giving them a further 14 days before you take them to court.

 

Here's the link.........

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

**Edit to suit**

 

 

Regards.

 

Scott.

[tilleyedie]

Ok guys, Letter sent, not sure where to go from here, sorry for needing spoon fed but thanks again

[tilleyedie]

Hi guys

 

really hope i havent left things too late, been away for a few days,

 

 

NO REPLY whatsoever with regards to my last letters, what is my next option,

 

cheers, and thanks

 

till eye die

[roboticboy]

Hi Peeps,

 

Just thought I'd drop on in this one. I'm about to start claiming for my Cahoot credit card charges. They are right gits. Tell me someone. I have a current account with them & the entire minus balance is made up of charges. Are Cahoot part of the Test case as they are part of Abbey or not. I see Abbey's name on the test case so does this include all of there sub divisions - i.e Cahoot?

[tilleyedie]

Please Help,

[maroondevo52]

Hi, Tilleytedie.

 

 

You now have to file at your Local County Court, fill in the N1 form.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

 

Regards.

 

Scott.

[tilleyedie]

Thanks for your reply, i live in scotland is this still the same form i fill in ?

[maroondevo52]

Hi, tilleyedie.

 

You live in Scotland No that's not the form you fill in

 

Have a look here............

 

http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html

 

You need to fill in Form 1A and 1B (both the same)

 

Then take them to your Local Sheriff Court.

The Sheriff's Clerk will go over your forms with you and correct any mistakes.

Also take enough money to pay the fee.

 

Which town are you in ?

 

 

Regards.

 

Scott.

[maroondevo52]

Tilleyedie.

 

It really is easier than you think to claim back your charges, I did'nt have a clue when I first found this site.

 

The Scottish claims limit has been increased to £3,000 for Small Claims and £5,000 for Summary Cause. I used both against HBOS before the increase.

 

If you need a hand filling in the Form, give me a shout, the link I gave you above gives a good explanation of what to do.

 

Once you fill in the forms, take them to your Local Court and as I said before, the Clerk in the court will go over them with you and help you correct any mistakes.

 

You can fill the forms in on the computer, then print them off.

 

 

Regards.

 

Scott.