willybobs v cahoot

willybobs · 8th August 2006, 13:35

Hi All,

I am currently claiming £700 + court costs after rejecting CAHOOT's offer of 50% + costs to drop the case. I returned my Court Allocation Questionaire a couple of weeks ago (emailed a copy also to Cahoot's solicitor).
The deadline for the questionaire expired today and I don't know yet if Cahoot have filed theirs. If they have, I am presuming I will get a court date soon. If not does anyone know if this constitutes a win by default ?
The defence they have entered by the way, centres around their belief that they must be entitled to charge 'something' to recover costs and that a full refund is not applicable.

I have claims to make against Barclays, Barclaycard, Capital One & HSBC pending confidence I gain from winning against Cahoot !

Cheers,

Willybobs

willybobs · 9th August 2006, 09:23

Got a letter yesterday, on deadline day for return of the court allocation questionaire, from Cahoot's solicitor, to say that they had returned theirs. They also stated that the 50% offer was still open, and invited me to reurn the acceptance note sent previously.

I am planning to write back to say that I can accept their 'goodwill' offer of 50% settlement but that I will be claiming back the other 50% on the allocated court day. Is this the right thing to do or should I just ignore them ?

cheers,

willybobs

Chimera · 9th August 2006, 23:19

FWIW
I wouldn't respond, I would let them chase you. I am pretty sure they wouldn't let you accept the 50% as a partial settlement anyhows... But that's only my opinion

Good Luck

gkerr4 · 10th August 2006, 10:02

as above - if you accept the 50% then thats the deal closed - you won't have the option (even in the courts eye) of claiming the other 50%

just ignore it unless you are willing to accept 50%

missm · 10th August 2006, 10:48

Thats not at all the case, you can accept it as a partial payment and still claim the rest, just dont sign anything stating Full and Final payment

willybobs · 10th August 2006, 14:22

Thanks all for your advice & opinions.

Whilst agreeing with Chimera that they are unlikely to pay a partial settlement, I think I will respond with an acceptance of the 50% "goodwill" offer but NOT in full and final settlement.
My own "goodwill" gesture would be to drop the case for 100% settlement + costs.

My reasoning being that it's probably better to keep a dialogue going, at least to let them know it's only their money I want, not their head-on-a-stick.
It's only business after all.

willybobs · 17th August 2006, 17:36

|I have today received a letter from the court about my claim.

'General Form of Judgment or Order'

Upon reading the file

IT IS ORDERED THAT

The Claimantshall by no later than 4.00pm on 6 September 2006 file and serve a schedule showing precisely how the sum claimed has been calculated and the dates and sums involved on each occasion when sums have been debited to the Claimants account during the period the subject of the claim.

Dated 09 August 2006

I did return a copy of the 8% spreadsheet detailing all the debits with my questionaire, so I am left wondering what it is that the Court is demanding?

I am guessing that as this is dated 1 day after the questionaire deadline, that CAHOOT's questionaire form has requested that this information be disclosed, much the same as I indicated that CAHOOT should disclose details of the reasonable admin costs covered by the charges as per their defence.

Can anyone help please?

Abby · 17th August 2006, 18:36

Did you do this claim on money claim?

When you did the claim did you send a copy of the spreadsheet to the bank and to the court? If not then send another copy to the court. I think there is a form to go with it (possibly called N1?) and I think there are details in the library.

willybobs · 17th August 2006, 19:38

Abby,

Yes, I claimed via Moneyclaim.

...and yes I attached a copy of the charges spreadsheet to the Court allocation questionaire, with reference to it 'other information' box. I also emailed a copy of the charges spreadsheet and the questionaire to Cahoot's solicitors.

I looked on Moneyclaim for the form you mentioned but I don't see it. Will I need a form to resubmit it?

Or can I just post it to the Court manager quoting my claim number?

Michael Browne · 17th August 2006, 20:15

Quote:

Originally Posted by willybobs

..and yes I attached a copy of the charges spreadsheet to the Court allocation questionaire, with reference to it 'other information' box. I also emailed a copy of the charges spreadsheet and the questionaire to Cahoot's solicitors.

This is fine. You don't need to re-submit. Normally you send copies if you are using N1. With moneyclaim , you can't attach anything, so once you have a claim no., you can send 2 copies to the court clearly marked with your claim no. Failing that you can do what you've done and send a copy with the AQ.

Abby · 18th August 2006, 08:50

You could give the court a ring just to make sure they have received the spreadsheet and check that they do not need anything else, after all you don't want it all to go wrong now.

willybobs · 23rd August 2006, 13:32

I rang the court, and it transpires that they have my charges spreadsheet 'on file'. The request for details comes form the Judge who will have seen the spreadsheet and either does not understand it or is not happy about something!

Any suggestions for an explanation of what the spreadsheet represents?

Lager_Lou · 7th September 2006, 11:06

Hi Willybobs, any news on this one?

Lager Lou

willybobs · 11th September 2006, 13:22

I resubmitted the spreadsheet together with a full wriitten explanation of what it represents. (even though I thought it was self-explanatory)
I haven't heard anything more, but as Saturday 9th was the deadline for the schedule to be filed, I am guessing that a court date will be forthcoming shortly. :o

willybobs · 9th October 2006, 14:18

Still no court date received! My impatience got the better of me so I rang the court to find out what is happening. I was told that the judge has my case, but is reviewing it together with all the other bank charges claims they have with a view to making a joint decision !
Anyone heard of this before, what can they mean ?

Abby · 9th October 2006, 15:25

Never heard of this, unless they are trying to arrange all the court dates on one day.

Just phoned the local court to see when I would get a court date. Told they should have sent it to the district judge and they will do so as a priority and I will hear in a couple of days.

Lager_Lou · 9th October 2006, 15:57

Nope, I've not heard of this either - sorry.

My guess is that judges are fed up with these claims - I submitted mine on Thursday and the first thing I was told was that the court was really behind at the moment.

Keep us informed,

Lou

willybobs · 22nd October 2006, 20:57

I have my court date. 22nd November. I have to send copies of my supporting evidence to the court and the defendants no less than 14 days before this date.

This gives me just over 2 weeks to prepare and submit some credible case documenatation. Sufficient to beat Cahoot into submission hopefully.

Any suggestions where to start please ?

Michael Browne · 22nd October 2006, 21:05

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