Cahoot and Consumer Credit Act

[hopkinson]

This is incredibly interesting information. I will update the second I hear from the Ombudsman whom I guess checks the authenticity/enforceability of the documentation as well.

[citocoms]

Originally Posted by keith4444

Some good points there Citocoms!

Can I ask when your (and your wifes) accounts with cahoot started? i.e what year?

Keith

Keith

Better half Nov 2001
Mine Nov 2002

Again we have the original copy of the Nov. 2001 T&Cs

[citocoms]

Originally Posted by hopkinson

This is incredibly interesting information. I will update the second I hear from the Ombudsman whom I guess checks the authenticity/enforceability of the documentation as well.

I hope it helps Hopkinson, we now have to turn incredible interesting information into some legal clout, that is the hard bit I guess. I will let you know if the report I get says:

Enforceable (Off to FO for last chance saloon then)
Enforceable only by court order (Negotiating position to confront Cahoot)
Unenforceable (Lets just hope for this result)

[meshi]

i thinks it unenforceable as the rate of interest APR etc has to be in the signature part of the document. The signature is on the second page which has no prescribed terms on.

[keith4444]

Originally Posted by meshi

i thinks it unenforceable as the rate of interest APR etc has to be in the signature part of the document. The signature is on the second page which has no prescribed terms on.

Does it count if the original is double sided? I.e its technically "on the same page"????

Thanks for the updates Citocoms/Hopkinson we all await with baited breath!
I'm awaiting my reply to my Subject Access Request

[jellybabe]

i thinks it unenforceable as the rate of interest APR etc has to be in the signature part of the document. The signature is on the second page which has no prescribed terms on.

I too have the same agreements from Cahoot. And it sure would be nice if it was unenforcable.

[meshi]

to be honest I think it would be okay if it is on the reverse page but I am no expert. I still think that the agreement doesnt have a proper credit limit this £100 thing is nonsense.

[hopkinson]

I have contacted the Ombudsman to ask if they look enforceability when reviewing the documents. They have confirmed that they do not.

[citocoms]

Originally Posted by hopkinson

I have contacted the Ombudsman to ask if they look enforceability when reviewing the documents. They have confirmed that they do not.

Wow, what a consumer friendly service from the FO, they will make a ruling on an agreement while simplyoverlooking and ignoring the fact that it is UNENFORCEABLE. FO hang your head in shame. This is why financial institutions have brought this country down and put people like us into serious debt; a total lack of real regulation, just a sham for show.

It is time consumers had proper rights to protect them from negligent, greedy organisations exploiting us.

[citocoms]

Originally Posted by meshi

to be honest I think it would be okay if it is on the reverse page but I am no expert. I still think that the agreement doesnt have a proper credit limit this £100 thing is nonsense.

The original agreements I have were indeed two sided A4. I think the key is one page must be linked to the other; e.g. see T&Cs other side.

A cancellation clause I believe only appies if there were antecedent negotiations, e.g. someone spoke to you in the shop about the agreement and then you yook it home to complete. I am no expert just read most of this stuff on here, this site is really appallingly badly set out for CCA 1974 Agreement issues. I am no internet novice but it confuses me, and I can hardly find anyone who who reports a CCA Agreement success. I suspect most people with a dodgy agreement as soon as they know or suspect this head off to a no win no fee Solictor specialising in this area.

You can also get agreements checked for free, I am no dunce but I still reckon checking your own is a dangerous route to go down.

Here is a link to a very useful and greatly informative thread to help people get their proper Agreement and to avoid the pitfalls that are all over this site (dodgy advice), and it is on this site:
why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

[[JayZ]]

Looks like im in the same boat...

JayZ vs Cahoot CCA

Mines a Cahoot Credit Card CCA and they all look very similar if not the same.

My debt was passed to a DCA so im disputing it with them now.

Watching this thread with interest...

[hopkinson]

Really sorry to disappoint everyone but have now heard back from the FO and they have supported Cahoot. They say that we were kept informed regularly of the hikes in interest and could have paid up at any time. Very bad news

[citocoms]

Typical FO ignoring the fact that we are trapped and cannot pay up, just as Cahoot know only too well. FO should consider it an Unfair Contract, but they are in the hands of the Financial Institutions, their paymasters and no doubt hosts at many big events.

Whole damn system waited against the powerless consumer. Take Financial Agreements we are meant to read and UNDERSTAND all that garbage and can even now be mislead on APR and Interest Rates, yet Agreement is enforceable by a court (post 1 Jan 2007). It is a disgrace and exploitation of consumers.

[keith4444]

Thats terrible news Hopkinson, thanks for updating the thread though.

Does this mean its no way out for us Cahoot customers?

The "could have paid up at anytime" bit makes me laugh, so we get 30 days notice of interest rate hikes and we are supposed to find the entire balance to clear the loan?

[hopkinson]

have asked for legal opinion on the agreement. In their opinion: Under paragraph titled Variations it is considered that this wording is ambiguous and unreasonable. It refers to paragraph 8 of the T&C and on the T&C sent to me that para is about care of cards etc and has no relevance therefore to that paragraph and this would make the agreement unenforceable. He also thinks that the para confirming "APR is calculated on an assumed credit limit of £100" is ambiguous as the credit limit is clearly more than that. He also wants to know if Cahoot can confirm they have a copy of the original agreement. Need to think about this all some more and would be grateful of anyone's input

[keith4444]

Hi Hopkinson,

I'm very glad that your still fighting this one! May i ask who is checking this out for you? PM me if you prefer. I had a company check out the agreement and they came back saying in there opinion it was enforceable Of course i do not know what elements in particular they were looking for, I know that due to these loans being "flexible" its not easy for someone to say whether it is enforceable or not as its neither a typical loan or a credit card but a mixture of both!

I have all my fingers crossed for us all!

Please please keep us updated!

[hopkinson]

I work in a Law department in a University. I have sought the advice of one of the tutors who teaches Contract law and Sale of Goods. He gave me the opinion. He also confirmed that it is often up to a judge on the day

[[JayZ]]

Interesting hopkinson.
I will check my CCA once more but i still dont have a copy of the T&C's.

[citocoms]

Originally Posted by [JayZ]

Interesting hopkinson.
I will check my CCA once more but i still dont have a copy of the T&C's.

JayZ you can get a copy of the current T&Cs online at Cahoot; go to home page and scroll down to the very bottom, along the bottom you will see legal info (thats T&Cs) click on it to get the T&Cs.

I suspect they are updated to ensure compliance with CCA 1974 by now. I have a much earlier version.

[citocoms]

Thanks useful post and information.

I have the original T&Cs as at Nov. 2001. I will pm you. The Variation clause is 13 in the current T&Cs you can obtain online at Legal Info.(Bottom of Home Page)

Originally Posted by hopkinson

have asked for legal opinion on the agreement. In their opinion: Under paragraph titled Variations it is considered that this wording is ambiguous and unreasonable. It refers to paragraph 8 of the T&C and on the T&C sent to me that para is about care of cards etc and has no relevance therefore to that paragraph and this would make the agreement unenforceable. He also thinks that the para confirming "APR is calculated on an assumed credit limit of £100" is ambiguous as the credit limit is clearly more than that. He also wants to know if Cahoot can confirm they have a copy of the original agreement. Need to think about this all some more and would be grateful of anyone's input