Meeru vs Cahoot

meeru · 15th June 2006, 14:34

I have received a letter from Cahoot with a breakdown of everything to do with my account since I first opened it. I am about to prepare my first letter asking for the charges back ... but I have a question.

On my breakdown it shows the unauthorised o/d charge and inbetween each I have 'debit interest' ranging from a few pence to roughly £4. Do I include this in my letter asking for this back as well?

TIA

Thoma · 16th June 2006, 14:39

Not sure about this one myself ?

Received last four years statements from Cahoot, total charges = £690 but I also have overdraft interests (debit interests) which I'm unsure about including.

On the preliminary letter it mentions charges for overdraft interest, is this the calculated 8% from the spreadsheet ?? Apologies if this has been discussed before but couldn't find it anywhere.

If anyone can help I'd appreciate it.

Thanks,
Thoma.
Who would you rather not be in cahoots with ?!?

p.s. just received an email from cahoot stating they were increasing my flexible loan interest to 13.9% .... time to pay it off I think !!

meeru · 6th July 2006, 21:11

I sent my letter to reclaim my charges and the 14 day deadline ends tomorrow. I have had no response whatsoever ... do I send the LBA regardless of whether I had a response or not? Any tips on the next step please, thankyou.

Chimera · 14th July 2006, 20:03

Might not be useful now.. but I waited the 14 days, I did however send them an e-mail back asking them to reconsider and reminding them of my intentions..

Out of interest, what did you do about the interest.. I had a similar confusion and got it a bit wrong.. but you do not claim the 8% interest in letters - you only do this when you file your claim with moneyclaim. The intterest referred to in the letter, is worked out in Vampiress' speadsheet, on your overdraft interest.

meeru · 17th July 2006, 11:34

Ok, I'm back from holiday and still nothing from Cahoot and the deadine was 7th July (letter to reclaim charges)

I'm presuming I have to send the LBA now rather than resubmit a claim for charges. Am I right?

This site is great but can be confusing sometimes, lol, but I'll get there.

Oh, and while I've been away, I have received 4 letter from Cahoot telling me I am overdrawn and owe THEM £240 even though they owe ME over £600 ... the cheek!!!

Chimera · 17th July 2006, 12:08

yep.. LBA now... give them 14 days, then MoneyClaim

meeru · 26th July 2006, 16:11

Since I have sent my LBA (still not heard back yet) I have had further charges placed onto my account. Do I try and add these charges to this action or do I reclaim those once, hopefully, this one has settled.

TIA

meeru · 10th August 2006, 10:43

I'm getting worried!!

14 days after LBA is up on Monday ... I've not heard a thing.

I never got a response from them after my letter to reclaim charges so sent LBA. The thing is, I left it on the side to post registered, but hubby took it upon himself to stick a stamp on it and post it.

I'm now wondering if they even got it ... what do I do if I hear nothing by Monday ... that will mean I haven't had a response from either my letter to reclaim charges or LBA ...

Advice would be gratefully appreciated, Thanks

Chimera · 10th August 2006, 18:42

ermmm.. not quite sure.... I e-mailed them so I didn't have this problem. Were both letters not sent recorded?

meeru · 10th August 2006, 22:52

The letter to reclaim charges was sent registered but heard nothing in response!

LBA hubby posted normal way with a stamp.

Does anyone recommend I email them tomorrow (Friday) or just wait until Monday? I really don't know where to go from here.

Thanks

Chimera · 10th August 2006, 23:53

I would... remind them that you will be filing MCOL on Monday if you haven't had a response. Worth a try? Use the e-mail:

service.relationship.team @cahoot.com

This is direct to them

Good Luck

meeru · 13th August 2006, 17:24

Eeeeeeeeeeeeekkkkkkk!!!!! !!!!

I've got a letter back and they are refusing to pay back ANY charges, so time for the next step. I am soooo nervous about this but I will do it.

I have had charges added to my account since all this started ... Do I add these charges on and 8% on everything now? I'll need help now guys, I know I can do it, but only with your support.

AARRGGHHHHHHHHHHHHHHHH

missm · 14th August 2006, 10:29

claim for the complete amount, now add interest.
email them and say you have now filed, and pls see the REVISED list of charges.

meeru · 19th August 2006, 20:58

Ok, I am now at the 'moneyclaim' stage and quite nervous!

I am at the part of the form where they are asking for Particulars of Claim and am unsure what to write. Do I just edit the guidance notes in the bank template forums to read like this ...

I have a contract with the Cahoot which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.
I have repeatedly asked the bank to justify their charges but they have declined to do so.

...or do I write something more/less. The thing that worried me is I have no idea what this act and that act mean and don't want to mess my case up at the most important hurdle.

Any advice appreciated, thankyou

meeru · 19th August 2006, 20:59

Also, are the answers to below NO then YES? Thanks

Does or will your claim include any issues under the Human Rights Act 1998?

Yes No

Do you want to reserve the right to claim interest?

Yes No

Karnevil · 19th August 2006, 21:05

looking at the partics - you need to add in the s.69 interest statement for the 8%.

No - human rights
Yes - interest (this will give you the above sentence)

meeru · 19th August 2006, 21:11

Quote:

Originally Posted by karnevil

looking at the partics - you need to add in the s.69 interest statement for the 8%.

Sorry to sound thick, but this bit has lost me. Do you mean I add another sentence to my claim

thanks

meeru · 19th August 2006, 21:18

Ahhh, found the answer on the moneyclaim site itself, thanks K

meeru · 19th August 2006, 21:23

Ok, I have changed the paragraph to include s.69 ... is this now ready to send ...

I have a contract with Cahoot which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.
I am claiming interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 03/04/03 to 03/08/06 of £ 24.87 and also interest at the same rate up to the date of judgment.
I have repeatedly asked the bank to justify their charges but they have declined to do so.

Thankyou

meeru · 19th August 2006, 21:50

Arghhhhhhhhh, Bloody Banks!!!

I cannot submit my claim via moneyclaim as I am on benefits and exempt from payment so have to go the old fashioned 'court' way. <gulp>

Anyway, I am going to carry on with this tomorrow so will keep you posted.

Thanks for all your support so far and also in the Chat Rooms, your help has been very much appreiated.

See you tomorrow ... now where is that BACARDI

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