Cahoot loan any1? - they can't find the T&Cs!

[KennyVinegar]

Hello everyone

Just wondering if someone can help. I wrote to Cahoot a few weeks ago asking them for a copy of my T&Cs from when I took out my loan in March 2003. They wrote back saying they don't actually have them so can't send me any. What do I do now??!

Has anyone else tried to get PPI back off Cahoot? I didn't know I was paying PPI until May this year and I'm finding this process difficult because it was purchased over the internet. I've not finished paying off the loan yet either.

[hellhasnofury]

Originally Posted by KennyVinegar

Hello everyone

Just wondering if someone can help. I wrote to Cahoot a few weeks ago asking them for a copy of my T&Cs from when I took out my loan in March 2003. They wrote back saying they don't actually have them so can't send me any. What do I do now??!

Has anyone else tried to get PPI back off Cahoot? I didn't know I was paying PPI until May this year and I'm finding this process difficult because it was purchased over the internet. I've not finished paying off the loan yet either.

Hello KV,

You are still paying the loan and you do not have a copy of the terms and conditions of the premium.

Did you send a Subject Access Request, or just write a casual letter to ask.

If you did not do a Subject Access Request send one now. A full Subject Access Request asking for every piece of information they have on you. There are a few kicking about the ppi forum. If you can't find it give me a shout.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[KennyVinegar]

I sent a template letter from moneysavingexpert.com, which just asked for the T&Cs.

I'll send a Subject Access Request, thanks for your help

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Hopeful1]

Hi KennyV. I'll be interested to see how you get on with Cahoot. They are next on my list for a S.A.R. I'll also be checking for PPI as well as charges.

[KennyVinegar]

I got my response today from cahoot - all they've sent me is a list of the payments I've made to my loan since it's been open (including the PPI) and a standard letter basically saying 'ok, you've asked for your statements so we know you're going to ask for your bank charges back but you're not going to get them'. WHat's THAT got to do with my loan?!?!?! And surely there should've been some more information with my statements - like my agreement for example??! Is there anything else I should have received? In fact. they said they'd send me my agreement before I sent them the Subject Access Request, but I never received it. I left it as I thought i would get it with my statements.

What should I do now?

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[KennyVinegar]

Wondering if someone can help me again...
When I took out my loan I had been in permanent employment for less than a month, previously to that I had been on temporary contracts (at the same company), lasting from 4-6 months at a time. Does this mean I have been mis-sold the PPI? Sorry but I find it difficult to get my head round what the T&Cs say.
Also, I have been on anti-depressants for over 7 years, so surely if i claimed for time off with stress (not that I've had any) I wouldn't be covered because I had this condition when I took out the loan and the PPI? I don't recall being asked about illnesses but then again as I did it all on the net I'm not sure I would remember anyway.

Futher to the Subject Access Request thing, I've requested by credit agreement be sent again.

If anyone can give some advice I would really appreciate it.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[hellhasnofury]

Originally Posted by KennyVinegar

Wondering if someone can help me again...
When I took out my loan I had been in permanent employment for less than a month, previously to that I had been on temporary contracts (at the same company), lasting from 4-6 months at a time. Does this mean I have been mis-sold the PPI? Sorry but I find it difficult to get my head round what the T&Cs say.
Also, I have been on anti-depressants for over 7 years, so surely if i claimed for time off with stress (not that I've had any) I wouldn't be covered because I had this condition when I took out the loan and the PPI? I don't recall being asked about illnesses but then again as I did it all on the net I'm not sure I would remember anyway.

Futher to the S.A.R - (Subject Access Request) thing, I've requested by credit agreement be sent again.

If anyone can give some advice I would really appreciate it.

Hello Kenny,

Please read around the ppi forum, you will get info regarding ppi and mis-selling. It is also important to try and get your heard around the terms and condition you have regarding ppi.

If they have not sent your credit agreement with the Subject Access Request, send a non-compliance letter (bank template letters),

Consider also sending a request for your ca under the cca you will find the letter to send in the general debt forum in the stick Creditor template letters, you need letter N. It costs £1 and of course there are legal timelimits.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[KennyVinegar]

OK, thanks hhnf, I'll have a look for those.

[hellhasnofury]

Originally Posted by KennyVinegar

OK, thanks hhnf, I'll have a look for those.

Data Protection Act - Non-Compliance - Template Letters

Creditors and DCAs - Letter Templates & Budget Planner Letter N

Good luck and ask if you need help

[KennyVinegar]

Its been a while, life has been too hectic since xmas.

Cahoot have still not sent me my credit agreement. The last letter I sent them was the non-compliance letter on 13th Nov. After this they sent me some more information but still no cca.

Should I know send them the letter stating they have still not complied and if they don't within the next 7 days then i'll start a court order? I feel I've given them enough chances to supply me with this though as I asked for it 2 or 3 times before I sent out the official Subject Access Request letter.

I'm also a bit confused as to whether I start a claim with moneyclaim or complain to the financial ombudsman, which would be the best route? Does anyone know of any threads where someone else hasn't received their cca and has pursued it via the courts?

Thanks

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[hellhasnofury]

Originally Posted by KennyVinegar

Its been a while, life has been too hectic since xmas.

Cahoot have still not sent me my credit agreement. The last letter I sent them was the non-compliance letter on 13th Nov. After this they sent me some more information but still no cca.

Should I know send them the letter stating they have still not complied and if they don't within the next 7 days then i'll start a court order? I feel I've given them enough chances to supply me with this though as I asked for it 2 or 3 times before I sent out the official S.A.R - (Subject Access Request) letter.

I'm also a bit confused as to whether I start a claim with moneyclaim or complain to the financial ombudsman, which would be the best route? Does anyone know of any threads where someone else hasn't received their cca and has pursued it via the courts?

Thanks

Hello,

Did you send them the legal request under section 77/78 of the cca.

Creditors and DCAs - Letter Templates & Budget Planner Letter N.

By law if you send this, they must comply.

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[KennyVinegar]

Hi hhnf, sorry I didn't realise you'd replied.

No i didn't send Letter N, just the non-compliance letter. I'll send it tomorrow and see how that goes.

Thanks again for your help

[KennyVinegar]

They've sent me my £1 back! Still no sign of the CCA yet though. They've got til the end of this week....

[hellhasnofury]

Originally Posted by KennyVinegar

They've sent me my £1 back! Still no sign of the CCA yet though. They've got til the end of this week....

Hello KennyV,

You just send the £1 fee back straight at them and tell them to send you true copy of the CA. Let them know you are serious

[KennyVinegar]

In the letter though it stated that they were sending it me back because CCA information was free. Should I still send it back?

[KennyVinegar]

Right their time is up and I haven't received anything, I've been having a scout around the forums for what to do next but it's a bit confusing. Is it right that I now wait another month and then it becomes a criminal offence? Is there a letter I should send them stating this?

[Hopeful1]

It's 12+2 working days and then after 30 calendar days they are in summary criminal default. You do not need to do anything.

I am not sure from quickly scanning your thread, but did you send the S.A.R - (Subject Access Request) off?

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[KennyVinegar]

Hi hopeful

Thanks for the reply. This is what I have sent them so far:

03/09/07 - letter requesting T&Cs (which they couldn't find)
22/10/07 - Subject Access Request letter
13/11/07 - letter of non-compliance (including section asking for my credit agreement under the cca)
12/02/08 - Letter requesting cca (letter N) from which they have sent the £1 back

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[KennyVinegar]

Right Cahoot's time is up, I have received no credit agreement. Do I now go straight to the court process, i.e. fill out an N1 form using the POC for the 'Data Protection Act - non compliance'?

[KennyVinegar]

*bump*