Meeru vs Cahoot

[Karnevil]

Hi Meeru

Please dont be worried about using the N1 form. You can pop in or give the court a call to get the exemption forms and N1 forms - or most forms can be downloaded from the hmcs website. (hm courts service) do a google and you'll find it.

If you read a bit of my settled thread in abbey - about page 3 - theres some help with my N1 which might get you started...

I hope you dont mind me not just giving all the info to you - it really does help if you find stuff yourself then you feel more confident about things, and you did the moneyclaim bit okay.

now - wheres that coffee....

[meeru]

Thanks Karnevil, have had a good read of your thread and you have done really well considering the obstacles in your way ... Congratulations.

Another question FOR ANYONE please.

For some reason I cannot gt my figures to add up.

I am claiming 477.36 in total and as I'm at my N1 stage and preparing to add the 8%. I have downloaded the spreadsheet and amended it and even though I have charges at £477.36, the spreadsheet works out that I add £24.98.

However, I work it out to be £38.19 (477.36 / 100 * 8 )

Which is the correct figure and how do I amend the spreadsheet to show this.

Thanks

[Karnevil]

Go with the spreadsheet answer....

to work out your daily rate its TOTAL CHARGES x 0.00022 = pence per day

don't include the 8% interest in this TOTAL CHARGES figure.

[meeru]

My particulars of claim for N1 form ... any comments anyone??

1. The Claimant has an account xxxxxxxx ("the Account") with the Defendant which was opened on or around 25th February 2002

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied will be sent to the Defendant and the Court.

4. The Claimant contends that:
a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.
5. Accordingly the Claimant claims:
a) the return of the amounts debited in respect of charges in the sum of £477.36 total and any interest charged thereon;
b) Court costs;

c) Interest pursuant to section 69 County Courts Act 1984 at the rate of 8% a year from 23rd February 2002 to 3rd August 2006 of £24.98 and also interest of the same rate up to the date of judgement or earlier payment at a daily rate of £0.11 or at such rate and for such periods as the court deems just


I believe that the contents of these particulars of claim are true

[Karnevil]

earlier payment at a daily rate of 0.022%.

should be ealier payment at a daily rate of £0.00 or at such rate and for such periods as the court deems just

(do 477.36 x 0.00022 to get the figure)

[meeru]

...ooh, do I add 5b if I am also submitting a EX160 form?

[meeru]

Thanks ... N1 form completed and printed ... EX160 completed and printed ... now need proof of benefits and away we go!!!

Fingers crossed!

[Abby]

Best of luck Meeru.

[meeru]

Well what a stressful couple of weeks I've had and not a 'bank' in sight!

I won't go into it here but I have had a lot of family problems etc and so not been able to make it to M/cr County Court to file my papers as I am pretty much tied to home at the mo ...

...so I filed with moneyclaim and paid the charges. I know I'm exempt but I'll get them back anyway

So, hopefully, things can get back to normal here and I can get my charges back.

I'll keep in touch, thanks all

[meeru]

Update time:

I got 2 letter through the post this morning. One is from DLA PIPER with a copy of the defence that Abbey have filed and (their) full and final offer of £331.17 which includes the court costs.

I also got a questionaire through the post from the courts to fill in.

So, I need a bit of help if possible.

I am going to refuse the offer of half I am asking for plus bank charges and go for the lot. They say I can send the letter back signed and accept or tell them I accept by email. Can I email them to say I dont?

or

Do I ignore the letter and just complete the questionaire. As they have both come today I am a little unsure at how to approach it.

Any advice welcome, thanks.

[Abby]

Hi Meeru

I had exactly the same thing. I email DLA Piper and rejected thier offer, I never recevied confimation of this although I did ask for a receipt. Then I tackled the questionnaire. It is easier than it looks and there is a good section in the FAQ's that will help.

Abby

[meeru]

Thanks Abby

I have just realised that Cahoot have messed up my claim somewhere along the way. They seem to have my claim confused with a William Eagle as the defence is in his name, although the letter and the offer are in mine ????????????????

Also, the defence from the court addressed to me is in my name, but the back page says William Eagle v Abbey ??????????

What are they playing at?

[Lager_Lou]

You're kidding?! Cahoot are really useless aren't they. If I was you I'd be on the blower right away demanding this be sorted out right now. How totally incompetent.

Good luck

[meeru]

I phoned DLA Piper asking for a Charlotte Thubron who was out of the office. Spoke to a guy and explained about the error on the letters and the defence filed and he ummed and ahhed and err ... just ignore it ...er... its just a mistake errr......

He added 'It doesn't really matter as WHEN you accept the offer the money will be sent to you/bank' ... Excuse me? I am not accepting the offer as I am about to fill in my questionaire which incidentally also has someone elses name on it and be sending it registered post to the courts first thing tomorrow morning!!!!

Bring it on Numpty's!!!!!!!

[meeru]

Can I just ask, do I have to send a copy of the questionaire to Cahoot or just the court?

AND ... they have added another £30 charge + 7.29 interest since the defence ... how do I claim that bit back?

Thanks

[Abby]

I sent a copy to cahoot just to be nice.

I am saving up the charges I have incurred since I began the whole thing until they make me another offer. If they don't agree to add them on I will start the whole process again.

Abby.

[meeru]

I've just rang Cahoot asking that they remove the charges they have put on this month as the account is currently going through court. I said that if they stayed then I would have to take them to court again and again they would be liable to pay my costs.

A supervisor is (supposedly) ringing me back later so I will update then.

[meeru]

Well surprise surpise, a supervisor never rang me back yesterday and I so I called them back instead. I was told they would get someone to call me before 3pm, so I waited.

Bang on 3pm I got a call from a really nice guy (name escapes me, have it written down upstairs) and I asked him if he could possibly remove the charges on my account since I had filed my claim against them.

He went on to mention that my case was now with the legal team and that they were about to make me an offer. I told him they had already offered me half and I refused and he seemed shocked although he did say, and I quote 'I don't blame you, the charges are quite high aren't they'.

Anyway, he took off the charges on my account since 3rd September and I asked if more were to go on and he told me that he had suspended any charges going onto the account whilst it is being dealt with.

He said he will confirm this by email, he will also inform the legal team what he has done and that I should email back at the beginning of next month just to remind them not to place charges and to check my file.

So at least now I don't have to try and reclaim more charges and go through the whole process again.

It may be worth trying with whichever bank you are with, if you are overdrawn with recurring charges going on, that they may want to freeze the charges until there is an outcome with your claim.

Anymore news and I will update. Cheers.

[Piggy bank]

The same happened to me - had additional charges coming up on the account, after I'd lodged my claim with court. I emailed cahoot asking them to withdraw these new charges pending the court case, and they agreed to do so.