Harvey v Cahoot

Harvey32 · 2nd July 2007, 10:36

About time I started a thread! I'm at the MCOL stage where I have filed against Cahoot (issued 13th June) and they acknowledged on the 25th so I guess its just a case of waiting for their defence now?

I'm claiming back about 1400 in 'stolen' charges (inc fee and interest) and in the last letter I had back from them was a 'Goodwill Gesture' offering to refund my accout with 30.00!! :o They still denied any wrong doing whatsoever!

Anyone know if they tend to defend then settle up quickly?

Cheers

Harvey32 · 2nd July 2007, 10:39

duplicate thread. please delete Mods.

bexterwho · 2nd July 2007, 20:19

I'm afraid Cahoot aren't known for settling quickly! They are part of Abbey, and from now on all your communication will be with Abbey. I think I'm one of the lucky ones, they offered me full settlement 2 days after I submitted the court bundle. In most cases they seem to wait until the day before they are due in court, but they may be speeding up a bit now. Good luck and keep at it, you'll get your money in the end.

Harvey32 · 12th July 2007, 09:53

Now its getting interesting! My total claim at the time of filing was £1200 and I've just received a defence from Abbey which denies that their charges are unlawful. Along with the letter was a offer of 65% £785 to settle.

I don't want to accept this but would be grateful for any advice on the way forward. Should I call and negotaite with them or just decline and carry on?

Harvey32 · 18th July 2007, 09:51

Morning all,

I got notice of tranfer of proceedings to Oxford Count Court this morning and also the judge has dispensed with the allocation questionaire.

I still haven't replied to their partial off of settlement but wondered if anyone can give me some advice on this first please?

Are there any templates for rejecting/negotiating an offer?

Cheers

Harvey32 · 26th July 2007, 23:11

I've now got a court date through for Oct 5th in the small claims track

It says I must pay the allocation fee which I assume I have already done via MCOL? Actually, I'm not sure whether this applies as the Allocation Questionaire's were despensed with. Can someone advise please?

I have to get my court bundle to them by 15th August and they in turn have been directed to send the following:-

i) A response to my schedule for each individual item pursuant to what contractual provision such charge was made and producing copy of the contract relied upon

ii) whether such a charge is accepted to be a penalty

iii) if such charge is alledged to be a pre-estimate of the defendant's loss all facts and matters relied upon as showing that such was a proper estimate of loss

iv) if such charge is not alledged to be a pre-estimate los, showing the basis on which the charge was calculated

I can't see them doing the above so would it be worth trying to settle with them now?

Many thanks

Harvey

andyford2000 · 28th July 2007, 17:23

Hi Harvey

sorry to jump in on your thread,

I am just about to start going after cahoot for a loan and credit card. was just wondering if you could please tell me the address you sent your letters too

many thanks

MarkyT · 30th July 2007, 14:06

You will have to pay the court allocation fee - the one you paid for MCOL is for a different court to your county court so you have to pay both.

Harvey32 · 10th August 2007, 13:34

Just spoken to Oxford County Court and its business as usual. I also spoke to Claire Fletcher from Cahoot and she said no further negotiations until the result of the test case. Their 65% offer is still vaild though.

My court bundle is going off Monday. Can anyone suggest anything else I should send like witness statements that relate to Abbey?

Thanks

Harvey32 · 13th August 2007, 11:57

I've just found a copy of Cahoots T's & C's from 2001, if anyone else needs them here's a link. cahoot

Harvey32 · 17th August 2007, 12:00

This get better.....sent off both my Court Bundles by Courier on Tuesday to meet the Wednesday deadline. The court rec'd and signed for their copy but Abbey REFUSED to take delivery! The Abbey bundle is still with the courier.

Any suggestions what to do now?!?!?

Harvey32 · 30th August 2007, 22:35

Update: I redirected the bundle that they refused to sign for to a 'named' person in their legal dept. The couriers explained that the lack of name was the reason they refused in the first place.

The courts directions stated they must file their defence by 4pm today. Needless to say that nothing turned up.

What's the best plan of attack now?

Cheers

Harvey

Harvey32 · 31st August 2007, 11:52

I've just spoken to Oxford County Court and advised them that I hadn't received Cahoot's defence by the deadline of 4pm yesterday. The clerk said that they hadn't rec'd a defence either.

She said that as the directions states that: IF THE DEFENDANT FAILS TO COMPLY WITH THIS ORDER, THE DEFENCE IS STRUCK OUT WITHOUT FURTHER ORDER AND THE CLAIMANT MAY REQUEST JUDGEMENT IN DEFAULT.

Is it best to do this now? Please can someone help as I feel like I'm close now and don't want to screw up!!

Harvey32 · 4th October 2007, 22:42

after the nightmare of them losing my bundle...then finding it again...reinstating my case...i'm told i don't have to attend the hearing tomorrow as I'll have judgement in a few days.

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki N.B. Please note - due to postage costs these products are only available in the U.K.