cahoot loan - payment method in T&C?

[willtheywontthey]

Have a Cahoot loan and due to excessive charges from both bank and Cahoot when my direct debit would not have enough funds in it so I decided not to give money to my bank (!!) and decided to send in cheques to Cahoot for their monthly amount.

For some reason they kept saying I had missed a payment and I said no I haven;t .. I then decided to write in and aks them to explain which payment I'd missed.. they never could give a straight answer - so we went back and forth. I'd send a cheque. they'd send you've missed a payment but not say which one... I'd write and ask... they would nor reply other than say you owe us x amount.. I go on in circles..... they also add in automatic letters in middle of all this communication just to confuse issues - yet again does not say which payment I've missed only amount. I must have written to them 5 letters in last 6 weeks... they reply but do not answer my questions.... I keep sending a cheque monthly... I even ask them by which date I should be paying - no reply. oN and on....

Got a letter today which enclosed my T&C (allegedly) - I guess the reason they sent this was either because they had not done so weeks back when I asked for CCA. The T&Cs had the end sentences cut off but basically the letter form Cahoot said that I should look at section whatever where it says payment must be made by direct debit...

Oh they also said they had 'deleted' my phone records ages ago and they've been phoning me regularly.

Also they have 'lost' two of my letters apparantly - their excuse for not replying it seems ... BUT one of the letters they lost had a cheque to them which they cashed...

I replied saying T&Cs illegible send another one.
Basically I would like to know whether they can insist on payment by direct debit.. problem I face with this is that my bank may charge when funds are not available (my fault I know!) but also that Cahoot can deduct 'any' amount they want - they would therefore grab a larger slice which I will have allocated to another company / elsewhere - does that make sense? Then the bank charges for cancelling it.. then Cahoot charge me for it not being honoured....

Another question I would like answered is when do I know whether the T&Cs are correct...? At present they look like copy/paste (badly!) into a Word document which has their header and footer on it.. margins all over the place. How do I know whether these 'are' my T&Cs...? It seems they can make anything up and call them T&Cs?

My 'alleged' CCA does not mention I have to pay by direct debit...

Help!?

	The Direct Debit Guarantee • The Guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society. • If the amounts to be paid or the payment dates change, we will notify you three working days in advance of your account being debited or as otherwise agreed. • If an error is made by us or by your Bank or Building Society, you are guaranteed a full and immediate refund from your branch of the amount paid. • You can cancel a Direct Debit at any time by writing your Bank or Building Society. Please also send a copy of your letter to us. This is a term of your banking contract and you can sue on it.

	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.

[old_andrew2007]

Bump