kaz v cahoot***WON IN COURT***

karens25 · 9th July 2007, 10:37

hi everyone
im at the point of preparing my court bundle for my case against cahoot..
just read through an email i received from them and found this little gem..

quote:-

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

what i'd give for a statement like this from Lloyds in view of the recent cases where they have claimed the charges are not to cover costs and in fact are a service charge!

this guy possibly shot himself in the foot methinks!

karen

poppynurse · 21st July 2007, 13:18

in their defence to my claim they do not argue service charge at all just reasonable costs...............

karens25 · 14th August 2007, 18:00

in view of the recent announcement of the "test case" had a letter from abbey saying they would be applying for a stay.. the court date is mon 20th aug, 6 days away! this morning i received a letter from the court saying the defence has been struck out and the case is still listed for monday!! what do i do now, please?!!!!

gwildfire · 14th August 2007, 19:40

Karen, I am in the same boat, I am in Court tommorow! I was told the defence has been stuck out.

Abbey contacted me to say the case had been stayed, I contacted the court, and they had not done so!

I am going to court tommorow but have asked for a judgment in default, I also asked for a letter from Abbey stating the case had ben Stayed be entered in evidence of aggresive mitigation tactics by the defence.

poppynurse · 15th August 2007, 09:54

presumably if the defence has been struck out and there is no stay then you get judgement. You must attend on monday unless you hear different from the court.

karens25 · 15th August 2007, 15:54

hi
thanks for the responses, gwildfire your case will be decided by now, im desperate to find out how you got on!
i am really nervous about going to court, i was thinking of ringing abbey to see if they want to make me an offer..
do i write to the court to ask for judgement in default? not sure what this actually means, does it mean i win by default or will i still have to put my case forward, sorry if being a bit thick!
thanks again
karen

poppynurse · 15th August 2007, 16:09

I'm also in court on 20th and have written to ask for judgement by default as Abbey have not submitted a bundle, but I will attend on the day in case Abbey turn up and request a stay....

gwildfire · 15th August 2007, 16:14

Karen,

I went to court, the hearing was vacated and a Judgment in default entered in my favour, the Judge I was informed is sick of being messed about! After he struck their defence he ruled, I had gone there, but I was told there was non need!

I have been told by the court to fill out an N225 form which activates a CCJ. Meaning that Abbey have to pay immediatley or I can issue a Warrant, in light of their behaviour it was also entered in to record that any request for a Stay in lue will be rejected without a good case.

So hopefully Karen you should be in the same boat as me! Good luck for monday, but I would ring them Thursday / Friday, and ask that

1. If a Skeleton argument has not been filled that the defence be struck out

2. If the defence has been struck out, request a judgement in default and request the hearing be vacated.

Let me know how you get on

karens25 · 15th August 2007, 16:37

hiya
the defence has been struck out, so i will ring the court and ask for the hearing to be vacated and request judgement, as you suggested..... did you say you didn't need to attend gwildfire?
i will ask that too when i ring, well done you! great news, i was almost thinking of accepting an offer abbey made me earlier this year for half the amount, but im encouraged by your story, thank you!
good luck to you poppynurse for monday, keep us posted..
thanks again...
karen

gwildfire · 15th August 2007, 21:18

Yes they said I didnt need to attend and I even rang twice and got names to make sure! and I went but didnt need to. My local court is Oxford County court, so check with your own local court.

I wasnt worried Abbey would turn up, as I work with three people who all had Abbey hearings at the same time in different courts!

I would ask for everything in writing, get names and get the N225 Filled out ready to pop in the post.

Im hoping Abbey dont pay up so I can get a warrant!

karens25 · 17th August 2007, 17:58

hiya
i rang the court today, and i do need to attend and see the judge in his chambers, feel sick with nerves!! she wouldnt tell me why the defence was struck out, a solicitor friend of a friend says it was probably due to them requesting a stay in leiue(cant spell it!) of the test case, ive just rung abbey to ask if they want to negotiate, i was told that they have instructed a barrister to be in court on monday.. feel really, really sick now, and he will file an application for a stay?! slightly confused as to how this would be allowed.. did the judge question you at all gwf? im worried they might expect me to quote from the uttcrs? anyone loitering around chesterfield on monday afternoon?!
karen

gwildfire · 17th August 2007, 18:44

hmm, I didnt even see the judge, if the defence has been stuck out, I would argue that their Barrister has no legal basis to be in court!

I made it to the reception where they sent me away!

I would also argue that any application for Stay should be denied.

The legal basis is that your case is unique, I would also point out that Cahoots terms and conditions differ from Abbeys, and Cahoot is not part of the test case. I would also argue that the test case will take a long time to satisfy and the high court case should not impead your legal right to proccess. I would also point out that Cahoot is unique in that they dont even send a letter, so infact their charges are even more disproportiante than their counterparts. I would also argue that, while the OFT has issued guidlines, it has no legal right to do so, banking is goverend by the banking code and the FSA not the OFT. The reccomendation to allow stays is not an inherent right of the bank and should be considered on its own merit.

I would also immedialty ask for the Barrister to removed from the hearing on the grounds that the defence has been stuck out and are not legally allowed to enter in to any defence argument or indeed actively participate in the hearing.

If you are introduced to the Barrister I would also tell him this before entering the hearing, no doubt they will send a psudo 21 year old snotty nose kid.

On entering the hearing immedialely ask for a Judgment in default on the grounds of a stuck out defence.

I would also post this in the main Abbey forum, as I have noticed this little Cahoot section gets overlooked.

The above was the legal arugment I had prepared, in the mean time I would read up on the UFCA and your court bundle and be prepared to answer questions.

There is a link in the main forum which courts are allowing stays and which are not.

Fingers crossed for you, dont wabble now, stick to your guns, the law is on your side.

karens25 · 17th August 2007, 20:15

thank you so much for the really useful advice, im hoping i dont get any further than the reception either! do you think they may be bluffing about the barrister, perhaps they havent applied for a stay already as i first thought? cos surely had they been refused they wouldn't be applying for one again! but still, that doesn't entitle the snotty barrister be party to the hearing, does it?!
i am feeling quite wobbly, im fine quoting all the stuff on here to friends and family, but i honestly never thought i'd end up in a courtroom, naive i know!
i do have in my evidence an email from them stating they have to charge these amounts to cover their administrative costs, perhaps i can focus on this, since they don't have any, as you point out!
sorry for going on and on.. nerves subsiding slightly now.. ish! thank you for all your help i really appreciate it..
will keep you posted
karen

karens25 · 20th August 2007, 09:17

so its d.day today, im absolutely terrified, been trying to find a buddy all weekend but the link is broken! still, no going back now!!

Boris Becca · 21st August 2007, 00:42

Hi desperate to know how you got on?

karens25 · 21st August 2007, 09:03

hi everyone.. I WON!!!!!!!!!!!!!
havin spent four days hardly sleeping or eating.. i attended court yesterday, they had 27 bank charge cases listed for 2 p.m!!
the barrister (actually quite a nice guy) introduced himself to me and said they would be asking for a stay i said, with all the confidence i could muster, "even though the defence has been struck out?" he looked visibly taken aback, said he wasn't aware of that and asked if i had the order stating that, i flipped through my file, confidence growing now, produced the order, and he disappeared into a room, called me in five minutes later, saying that this changed things quite a bit and they were now in a position to offer me everything i was asking for as a full and final settlement as he actually had no legal basis to be there, (thanks wildfire you were spot on!!) we had to go in to see the judge just to say we had agreed a settlement, the only faux pas i made whilst in the chambers was trying to sit on the same side of the table as the barrister!! oops!!
afterwards the barrister told us, off the record of course, they were being instructed not to contest any cases that stays weren't granted for, and judgement was given for every case there yesterday, no stays at all! although several of the banks had phoned in and settled that morning, we were told by the receptionist..
i would say to anyone with a hearing at chesterfield county court with district judge Butler, dont be nervous he is a lovely man, who apparently is red hot on bank charges, and he really looks after you!
have you got a court date boris?
thanks to everyone on here for all the very sound help and advice, could'nt have done it without you, donation on its way very soon!!!
good luck everyone
karen xx
p.s could one of the mods change my title to WON!!!!!!!!

Boris Becca · 21st August 2007, 19:38

WELL DONE fanbloody tastic, yes I have a court case next wedneasday,. they havnt supplied a bundle and i am almost positive they wil go for a stay , how comes yours had been sruck out before? any advice?

karens25 · 22nd August 2007, 09:09

hiya becca(have read your thread!)
i wasn't told why the defence was struck out but i think it was because they failed to comply with the directions, (they didn't submit a bundle) i'm certain abbey will go for a stay too, and it will be down to the judge whether or not he grants it, if he doesn't i think they will make you an offer,
you seem very together about going to court, well done, i was a jibbering wreck!
just one thing, where they not told to disclose their true costs in the directions in your case, and if so, were they in the bundle?
good luck becca

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