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!?

[old_andrew2007]

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