MarkyT vs Cahoot

[121o121]

Hi Marky

 

How are you getting on? Did they withdraw the money from the savings account? Is it still there to withdraw, lol?

[MarkyT]

No its gone - family emergency just recently put an end to that - I now feel I am in an awkward position.

The Letter they sent me didn't state any terms - it was just a goodwill payment according to them.

I have written back to them to say that I will accept as part settlement but will be continuing my action in the courts. And hopefully will have the court bundle in tomorrow. That is proving to be a real nightmare to put together.

Am I right in saying that anything with "without prejudice" on it must not be included in or referred to in the court bundle?

[MarkyT]

Court bundle is in.

Tried to contact shabbey this morning to ask if they'd like to settle before I handed the bundle in. The guy at the other end of the phone was very unhelpful and just said its a cahoot account and you have to speak to them. I tried to argue that abbey was handling the complaint and the litigation and that it will be them who decide to settle. He then told me to write a letter but wouldn't really help with any questions.

Can I ring the legal department to try and pester them into a settlement?

[121o121]

Hi Marky

 

Sorry to hear of your family emergancy, I hope you didn't feel offended by my comment. I would definately contact Shabby and negotiate.

 

My claim was with Cahoot, but Abbey were dealing with it. They told me they wouldn't prioritise my claim infront of others unless it was beneicial to them (ie, a lower settlement). My claim was for something like £532 and I told them I'd accept £500 to end it now. They accepted.

[MarkyT]

Dont worry about the comment 121. Actually made me laugh out loud. The lads at work have been taking the mick for a couple of weeks as I was adamant I wasn't going to spend it.

The lower settlement is exactly what I'm after really. All I want is for them to pay off my overdraft (£1500) and close my account. My claim is obviously higher than the overdraft so this looks good. Who can I speak to in Abbey to arange this. The guy I spoke to this morning was so unhelpful it was unreal.

My claim is also with cahoot.

[MarkyT]

And the request for strikeout order is now in as I have still not recieved any correspondance from cahoot or abbey - handy working next door to the court .

I noticed that the nice lady that took my letter gave it a good read this time whereas the previous letter I put in to notifiy them of the goodwill payment she litterally just scanned it. Hmmm.

[121o121]

Hi Marky

 

I wrote:

 

You are aware my claim currently stands at £736.46. In an attempt to reach a compromise with you, I will accept £700 to settle my claim.

 

I faxed it to them, I will try and find the details.

[MarkyT]

thanks man, I'm in court this friday and have heard nothing from Cahoot at all.

Getting really nervous.

[MarkyT]

Well, I'm in court today - 2pm and bricking it. I got a letter on wednesday from the court saying that it is up to the trial judge wether or not to hear any evidence from the defence following my request for the defence to be struck out.

Please all can you wish me luck.

 

I'll post back this afternoon.

[MarkyT]

Bad news. Judge stayed the case. As soon as I introduced myself to the usher, he then introduced me to Cahoot/Abbey's Barrister. I almost collapsed at that point.

Young lad (said barrister) who looked no older than 21 took me into a room and explained that they would be applying for a stay and asked if I would object the application. I said no as I had already heard a barrister for HSBC talking to the guy next to me and he explained that Newcastle County Court are now staying all cases in light of the test case.

We went into the court and the judge explained straightaway that he is staying the case until the test case is heard. He also explained that I should follow the case very closely as if the banks should lose then I need to contact the court again within 28 days of the ruling to have a judge direct an order for me to be refunded.

I was quite suprised as there were a lot of barristers and the guy from cahoot explained that all of the banks were being represented today.

[121o121]

Hi Marky

 

Sorry not been around much lately. Changed jobs and not office based anymore so finding it hard to get online. Not many people seem to be replying to your thread do they? Is it because most of the cases now are being stayed awaiting a test case?

 

Well done for last Friday. I can imagine how intimidating it was, but you kept your cool and played it well.

[MarkyT]

Hi Marky

 

Sorry not been around much lately. Changed jobs and not office based anymore so finding it hard to get online. Not many people seem to be replying to your thread do they? Is it because most of the cases now are being stayed awaiting a test case?

 

Well done for last Friday. I can imagine how intimidating it was, but you kept your cool and played it well.

 

A pretty teriffying experience tbh. I should have gone to court earlier to sit in on a small claims case beforehand - I think it would have prepared me better.