Cahoot bank charges Claim

[James220]

Is it worth me sending a SAR to cahoot regarding a bank account i had with them of which they added alot of overdraft charges through the years, The account is now being sold to a outside debt collecter so I'm expecting to hear from them soon regarding collecting the debt,

 

The ballance is mainly made up of the charges they added, I did set up a plan with them at one stage That I kept up with where they froze the charges for a few months, But now they refuse to set anything els up and want the balance paying in full of £566,

 

So my original question is it worth me sending a SAR or is it impossible to get these charges back from banks now?

 

Or Should I just wait for the New debt collection company to get intouch and try to set some kind of payment plan up with them?

[dx100uk]

BCOBS might be worth a try

and also p'haps a hardship claim or alike.

 

they might be your only routes .

 

however

dont be too worried about the dca thrat-o-grams

 

if the OD is mostly charges

they'll never go near a court.

 

dx

[slick132]

Hi James,

 

If you feel you are in Financial Difficulty, read here - http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

When was the payment plan set up.

 

Did you make every payment that was due under it.

 

Was the payment plan agreed for a fixed period. If so, when did it expire.

 

[James220]

Hi Slick,

 

The plan was set up about 8 months ago for six months,

Yes all payments were sent on time via a standing order i set up with my bank,

 

After the plan expired I recived a letter telling me so and requesting the outstanding balance now in full,

So I contacted them to set up another plan only to be told there wasn't another one for me even though i'd kept up all the payments on the last one,

Only option was to pay the full amount or the debt would be passed to a outside dca and of course untill that happends the £30-£35 monthly charges would continue again,

 

So now its been 2 months since i last made contact and i've heard nothing from them,

I'm expecting a letter from a dca anytime now with a higher balance than how i left it after the plan expired(cahoot seem to be dragging there feet with this so they can add as many charges as possible before passing to a dca)

 

I've sent no payment since the plan ended as it was pointless due to the charges being added again

[slick132]

You didn't say if you consider yourself to be in "Financial Difficulty".

 

Eg, do you struggle to meet priority debts like rent, mortgage, council tax, utilities, food and not have enough left to pay debts to all creditors. We don't need details - just a yes or no.

 

If you ARE in FD's, this could have a major impact on what the bank can and cannot do.

 

[James220]

Yes I'm in Financial Difficulty due to job loss, cahoot were told this the first time i made contact

[slick132]

Then you should use the article that I linked you to in post #3 above.

 

They have a duty to treat you in accordance with the Lending Code.

 

Write to them in accordance with the template letter, enclosing a Budget Planner.

 

You should also add something like :-

 

Although the initial interest and charges freeze was set for 6 months, my circumstances remain the same and I am still in Financial Difficulty. Please refund the charges and interest applied to the account since xxdate [when they started charging you again].

 

In the circumstances, the account should not be sold, or passed to any third party for collection.

 

[James220]

Thanks for he info slick,

 

I Phoned them today just to get a update on the balance and I was told its unchanged as the account has now been closed pending a outside DCA to take it on,

 

So There will be no more charges applied, Only problem they wouldn't accept a new payment plan to clear the debt saying i will have to work that out with the DCA when they contact me.

 

Am i best now just waiting untill the DCA get intouch and work somthing out with them or write to cahoot now requesting a plan quoting the lending code?

 

I take it I wont be able claim any charges back?

[dx100uk]

yes all of them + int

 

dx

[slick132]

As this is a bank a/c we're talking about, getting any charges back is never a certainty (unlike credit card charges).

 

You should should read the Lending Code carefully (the sections that I mentioned) and then decide if the bank has treated you properly or not. If you think that they have flouted the rules, you should complain to them about the charges, any interest and the fact that they're selling the debt to a DCA.