JKOP Vs Cahoot

you can but they can apply to have judgement set aside

[jkop]

I've sent a copy of the cliam and schedule to cahoot. Do I have to send a copy of this also to the court? Who do I send it to? Court is listed as northampton (the MCOL default) do I send it there?

[meeru]

Sorry JKOP, I meant 14 days not 40, must have been becasue they sounded the same in my head, lol.

Glad someone cleared it up.

Once I filed with moneyclaim I just left it with them, they will send a copy of your claim to Cahoot. I would leave it now and wait for them to get back to you.

Good Luck

[jkop]

I already sent cahoot a copy (as I promised in my statement) but won't send anything to the court.

Thanks for the help - good luck with your claim too.

[jkop]

*** UPDATE ***

Cahoot have filed a defence. Says:

You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

What do I do now? Just wait? I take it i'll get an allocation questionaire now to complete? Why did they defend so quickly? I'd assume they'd want to string it out as long as possible?

I take it I just put this on the AQ and then hopefully the judge orders a standard disclosure right?

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

[jkop]

bump - can any help with allocation questionaire is the text above correct?

[Lager_Lou]

Hey Jkop,

Did you take this from the templates section in the library? It looks fine to me and what I plan to use when the time arises.

I submitted my cliam last thursday in person but haven't heard anything yet - the courts said they were very behind though

They acknowledged and defended your claim very quickly - have you actually received your allocation questionnaire then?

Lager Lou x

[jkop]

nope but I spoke to the court yesterday who said the allocation questionaire is going out in the post. I was suprised they defended so quick when they could have bought another 28days but who's to argue... 28days sooner I get my money!

[Lager_Lou]

That's well quick - I hope they're finally getting their act into gear!

good luck and keep us posted, Lager Lou x

[jkop]

*** UPDATE ***

Got my Allocation questionaiire (along with someone elses!)

No defence attached apart from my printout of the schedule of charges, I beleive the court have accidentally taken my schedule of charges as cahoots defence! I don't think cahoot have even acnowledges the claim! They've taken my schedule of charges as a defence saying cahoot have paid me the money LOL

Spoke to coventry court who were really nice and when the case papers arrive today/tommorow will confirm this error and we can go back to it not being acnowledged and therefore apply for judgement by default on the 24th october.

[Lager_Lou]

I've read about Cahoot doing this on other threads - how rubbish are they?!

[jkop]

this was the courts fault! I sent a copy of the schedule to the court and they thought this was cahoots defence . i.e that they had already padid me LOL

[jkop]

got confirmation from the court cahoot HAVEN'T filed a defence - so 24th I can apply for judgement by default

[Lager_Lou]

Hey Jkop,

when's the deadline for them entering a defence? Don't the get two weeks?

[jkop]

24th to acnowledge the claim - the court deemed the claim issued as of 10th Oct. I submitted it on the 4th and it said issued on the 5th but they allow a couple of days for it to get there so because of weekend they officially start the clock ticking on the 10th which is a little irritating but here is hoping.

[Lager_Lou]

Ahh, I got a bit confused!

I'm just a couple of days behind you - received a letter from the court on Friday saying my claim was deemed issued on the 11th and they have until the 26th to acknowledge the claim....

[jkop]

cool - will be interesting to see how they proceed with our claims - seeing as the timescales are so similar.

[jkop]

cahoot have acknowledged my claim as of 16th October - they have 28days of date of issue which is until 07/11/06 to file the defence.

[Lager_Lou]

Good stuff - let's hope I receive something similar in a day or two....

[jkop]

Excellent - got a copy of their defence, looks very standard and quite short.

Here is it: If someone can confirm what I think:

1. Save as is specifically admitted in this defeance, the defendant denies each and every allegation set out in the particulars of claim.

(OBVIOUS)

2. It is admitted that the claimant has a current bank account with the Defendant, account number xxxxxxxx.

(OBVIOUS)

3. At all time the account has been subject to the applicable terms and conditions which form part of the contract between the clamant and the defendant and to which the claimant agreed when he opened the account. The defendant will refer at trial to the full conditions but for the purposes of this defence will refer to the following extracts

1) You can apply for an overdraft on your account. If we give you n overdraft we will tell you your limit and the interest rate applicable
2) An unauthorised overdraft occours if without our agreement you overdraw your account or exceed the limit of an overdraft which we have agreed.
3) If you have an unauthorised overdrafr you will be charged fees as set out in our tarriff of charges or specified to you and these may include fees for transactions we are nuable to process due to lack of available funds in your account.

(So basically tough you agreed to it when you signed up)

4. Throughout the period that he has had the account, the claiment receive a number f copies of the conditions and of the said tariff of charges as tehy were ameded and updated (though there has een no meterial ammendments to the conditions extracted in paragrahs 3(1), (2) and (3) above

(I knew about the charges and terms and conditions)

5. Any overdraft facility was (and is) subject to these conditions

(OBVIOUS)

6.The claimand has overdrawn or exceeded authorised overdraft limits on the accoun on a number of seperate occasions, full details of which will be provided on disclosure. Therefore by virtue of the conditions refered to in paragraph 3 above such overdrawing was unauthoriseds and in breach of contract and the claimant became liable to pay fees to the defendant in accordance with its tarriff of charges applicable at te relevent time. In accordac with conditions such ffees were debited to the acccount.

(I went overdrawn and so had to pay the fees - (though no mention of returned items)

7. In view of the facts and matters referred to in paragraphics 3, 4, 5 and 6 above, the dedant denies that the amount of £1995 or any other amount was unlawfully debited to the account and the claimants claim for the replaent of that amount is therefore denied

(You agreed to the terms therefore it's touch)

8. The claiment's conention thatsaid fees are unenforceable and/or are "penalty charges" is deneid. Teh fees reflect and are proportionate to the defendant administrative expenses incurred de to the claimants breach of contract and are a genuine pre-estimate of the damage suffered by the defendant.

(The huge charges are what we reckon it costs us (though we won't prove it as asked mayn times by me!)

9. Further or in the al