davehaley vs cahoot

[davehaley]

This confuses me more by the day. I thought Abbey had got the judgement set aside but after a call to the court and then a letter yesterday it turns out I have a court hearing so the judge can decide on wether to grant them to the set aside.
The question is, is there any point in going to court as they will get thier own way anyway. Would I be better agreeing to the set aside without going to court and then getting things moving quicker?

[davehaley]

I have another question. In my original claim I didn't claim the interest charged but after going through my statements for the last year I have found that in the list of charges thay sent me they missed some off. Whilst adding in the missing charges I thought I would see how the interest added up and to my supprise it £92 in one year.

Is is now possible to ammend my claim? As I am at the court stage I get that I will have to fill out an ammend claim form and pay £35 ammend charge.

[davehaley]

Any body got any advice, cahoot are in court tomorrow to try and get the judgement by default overturned.

Do I need to go and do I need to take any documents?

[davehaley]

Good news

Abbey got the set aside so I got an allocation questionaire to be back at the court by 31st Jan. Thinking I might as well give negotiation a try I called abbey and to my surprise they were actually quite helpfull. I called on Monday to get things rolling and then again on Wednesday once they had managed to work things out.
To my amazement I managed to negotiate them to refund all the charges claimed + interest+ recent charges + fees minus about 2%. I am more then happy with this as it will put the whole thing to bed and mean I can pay most of a credit card off thus reducing interest charged on it.

The confirmation letter should be here tomorrow and the money should be in the bank before the allocation questionaire is due in so no need to scrape together £100 court fees.

All in all it looks like another win.

When I get the money I will post back here with the good news.

[121o121]

Hi Dave

Have you received anything in writing from them yet?

PS. Did you either yourself or Abbey go to court re the set aside?

[davehaley]

Got the cheque and a letter from them last Wednesday, it should clear tomorrow.

I didn't see the point in going to court as they would get thier own way. I also wanted to get the allocation questionaire ASAP so I would have a bit of leveraage over them. It seemed to have worked.

I sent a fax to the court explaining that I didn't object to the set aside so I didn't have to go. Apparently Abbey (or a rep) did turn up.