Josotired v Cahoot

[Josotired]

Ok - sent initial letter last week and got a prompt reply via email of all charges over last 6 years.. nearly 400 pounds. Have sent the preliminary approach letter - just wanted to know were I could find the next letter to send should they refuse to pay up. Have had a good look and can't see the template

Thanks

Dave

ps- got my halifax and wifes Co-Op accounts to look at next

[alanfromderby]

It's the first one in the templates library.

[Josotired]

wow - that was quick...thanks

[Josotired]

And I know I'll drive you all mad and you'll think I'm stupid, but I have had a good read of the FAQ's.

What does Data Protection Act mean?

[alanfromderby]

Data Protection Act.

[Josotired]

Thanks - Jeez i'm stupid!

[Josotired]

Ok - got this reply...

Thank you for your letter dated 17th April regarding your cahoot current account.

We don't accept that cahoot's charges are unfair or unlawful 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's well known that banks make charges and cahoot's charges are in line with those of other banks. As you've stated in your letter, 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 weren't under any obligation to do so and could have gone to another bank if you didn't agree to the charges. Equally, you're free to move your account to another bank at any time if you don't agree with the charges.

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

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

If you need anything further please don't hesitate to contact me.

Yours sincerely,

David Freeman,
cahoot, Service Relationship Manager


What now??

[alanfromderby]

Standard reply - just stick to your timetable.

[Josotired]

this is the last one i sent after i recieved the charges

Letter - Preliminary approach for repayment.

is is this one now

Letter before action - Consumer version -asking for it back

is it me or is the library a little confusing :o

[Josotired]

Help - please can someone tell me which letter to send next - I know I need to give them 14 days but I'm not sure how to legally word it!

Thanks in advance!!

[alanfromderby]

The next one is the Letter Before Action which you quoted above.

[Josotired]

many thanks Alan

[Josotired]

ok just sent this letter - fingers crossed

Letter before action - Consumer version -asking for it back

[gumbodave]

Don't back down... they will!

[Josotired]

great news - got this reply

Thank you for your recent e-mail and letter.

I would like to reiterate that we don't accept that cahoot's charges are unfair or unlawful and we don't agree that the charges are disproportionate. The charges are reasonable and proportionate to the administrative costs incurred by cahoot.

Having reviewed your case sympathetically I would like to offer to refund £200 of the charges incurred as a genuine gesture of goodwill. I can assure you that this is my final offer in relation to this matter.

If you do not wish to accept this and want to escalate your complaint you will now be required to write to the Manager, Regulated and Final Stage Complaints. This department is an autonomous body within Abbey who will review your complaint on an independent basis. If you decide to write to them please state that cahoot has issued its final response in relation to this matter and please quote my name so that the relevant paperwork can be quickly obtained.

Stage 2 Complaints
Abbey
PO Box 911
Central Milton Keynes
MK9 1AD

Stage 2 Complaints will review the details of your case and carry out its own investigation. In the unlikely event that you are still dissatisfied you can write to the Financial Services Ombudsman at the address below.

South Quay Plaza
183 Marsh Wall
London
E14 9SR

If you have any further queries or wish to discuss anything in greater depth, please do not hesitate to contact me via e-mail at: service.relationship.team @cahoot.com.

Yours sincerely,

David Freeman,
cahoot, Service Relationship Manager.

So I'm just a little confused as always - do I accept the offer and press on for the rest, or do I contact the above address or do i go and make a claim to go to court??? AAARRGHHH

[dinghy]

Originally Posted by Josotired

So I'm just a little confused as always - do I accept the offer and press on for the rest, or do I contact the above address or do i go and make a claim to go to court??? AAARRGHHH

Some would advise to wait out your timeframe before applying to the courts.

IMHO they have stated that as their final offer so you could apply to the court now...

It is also a possibility that you could accept the £200 and still claim the rest through the court, however you need to be careful how you word your acceptance.

In the interests of balance I should also point out you could accept the £200 and leave it at that but I don't suppose many on here would advocate that ! It all depends on your own personal circumstances.

[Josotired]

I've been approached by a company who are doing a documentary about bank charges. I've also got my lawyer involved and I am going for it...

Here is my letter...

I have been in recent correspondence with a Mr David Freeman in customer services. I explained to him that I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £349.17 from me in fees

David Freeman made me an initial ’goodwill gesture’ of £200.00 which I wholeheartedly refuse. Since it appears to be the season of goodwill, I will extend my invitation to yourself….to comply fully with full repayment within the next 7 days, before I begin a claim against you for the full amount plus interest plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

I have also been approached by an ITV production company, who are making a primetime documentary about banks with extortionate bank fees. I trust this matter can be resolved quickly so I do feel the need to take this further with them as well.



Yours Sincerely

GGRRR I'm MAD... Its WAR !!

[Josotired]

Just an update if anyone is listening...just filled in the allocation questionnaire...abbey are offing 50% back plus all court charges, but i'm having none of it!

btw - when it does go to court...what usually happens then?