Andykb3 Vs Cahoot

[andykb3]

And it all started so well......

I sent a Data Protection Act letter - recieved a full list of all transactions, plus my cheque back.

Sent initial letter...have recieved this response:

Dear Mr

I refer to your letter dated 19th July 2006 regarding your cahoot Current account. I have taken ownership of your particular case in order to provide a response to the issues you have raised.

We do not accept that cahoot's charges are unfair under the Unfair Terms in Consumer Contracts Regulations 1999. The object of these Regulations was not price control nor were they intended to interfere with people's freedom to agree the terms of their contracts.

It is well known that banks make charges and cahoot's charges are in line with those of other banks. The terms and conditions of the account and the charges that apply are clear and fair and were provided to you at the time you opened it. You freely agreed to the terms and conditions and the charges when you opened the account. You were not under any obligation to do so and could have gone to another bank if you did not agree to the charges. Equally, you are free to move your account to another bank at any time if you do not agree with the charges.

In any event, we do not agree that the charges are disproportionate. The charges are reasonable and proportionate to the administrative costs incurred by cahoot.

I am therefore unable to refund the charges you've incurred fully appreciating the disappointment this may cause.

If you need anything further please do not hesitate to contact me.

Yours sincerely

(Name Removed)
Service Relationship Manager, cahoot

I guess it's time for the LBA.....

Andy

[Chimera]

Standard letter... mmm... you gonna wait the 14 days?

[andykb3]

14 days was up today.

I'll send the LBA to Cahoot (and HSBC, whose 14-day deadline has already expired) in the next couple of days1

[andykb3]

OK - an update.

I sent the LBA, giving the 14 days to respond. They duly responded, saying that their position on bank charges was unchanged from their first email.

I then started the process with MCOL. They have to respond by the 27th or 28th (can't remember which off the top of my head, but this Monday at the latest).

Since this deadline is getting awfully close, I was wondering:

1) Have many other claimants against Cahoot have this problem?

2) Assuming I don't hear anything, the next step is to ask the court to enter a judgement. How long would this take? Assuming the judgement was in my favour, how would I then go about chasing Cahoot, or would the court do it?

Andy

[andykb3]

I have gone through the process to the letter (initial letter, LBA, court claim filed on 9th August). The court issued a deadline for response of 28th August, and I recieved a letter from Cahoot / Abbey's solicitors on the 30th.

Basically, it says:

• We are acting on behalf of Cahoot
• We are in the process of deciding a response, a defence will be filed in due course
• Give us a breakdown of your claim

No deadline is given regarding when they will respond (and this response was slightly late anyway, as mentioned).

Please could you give me any (constructive) criticism of this letter of response.

Thanks

Andy

I am writing in response to your letter dated 25th August 2006, in which you request more information regarding my claim against Cahoot bank, totalling £xxx plus costs.

Please find a full breakdown of my claim overleaf.

I also would like to point out that I started this claim on the 4th July 2006, almost 2 months ago. Cahoot / Abbey National could have made this query at any time during this period and chose not to. I would also point out that since I only received your letter on the 30th August, it was received after the deadline set by the court – it is fortunate that I decided to allow a few days grace before continuing my court action.

In your letter you give no indication of how long you will take to decide on your response. I am prepared to wait 14 days for your response before I continue with the court action - given that this issue has been ongoing for nearly 2 months already I think this is very reasonable.

I would also take this opportunity to repeat my claim – I am claiming a total of £xxx, consisting of £xxx in charges, £xxx in interest, plus £50 in court costs. I require this sum in full and unconditionally. A partial payment is not acceptable.

I look forward to hearing from you.


Yours Sincerely

[andykb3]

Have just recieved an offer of 50% of my claim, plus costs - from DLA Piper - Cahoot's solicitors.

Have also just drafted a letter rejecting the offer.