121o121 v Cahoot **WON**

[121o121]

Well here we go again. After sucessfully claiming against LloydsTSB, I'm now going through my credit cards one by one.

 

Am I correct in think that I can ask for the SAR by logging in and clicking "contact us"? That may save me a £10 cheque that way?

 

And if anyone has done this, have you done the whole template as in the letter, or just scaled it down?

 

Regards

[121o121]

SAR made using their online "E-Messaging" system.

[Chimera]

Yes.. I did it this way - though you will have to shorten it to fit it in...

Well done on Llyods.. I'm trying to get some dosh back for my OH from them... Just awaiting statements

[121o121]

Well to be honest the judge sped things along by ordering an allocation hearing this wednesday. That prompted Lloyds to settle early.

 

Good luck with them, i'll follow your thread.

 

Thanks

[bexterwho]

Yes.. I did it this way - though you will have to shorten it to fit it in...

Well done on Llyods.. I'm trying to get some dosh back for my OH from them... Just awaiting statements

 

Sorry, I'm new to this. Do you have the wording of your email by any chance. I'd like to do the same but don't want to get anything wrong! Mine is for a credit card with Cahoot, do I go about it in the same way?

Thanks!

[121o121]

I sent it by letter in the end as I received no answer with the 2 emails.

[121o121]

I have today received my account information made under the subject access request. They have returned the cheque to me aswell, so thats another one to cross out of my cheque book (unlike the Halifax).

 

Now I've got the hang of claiming from banks but credit cards are new to me so bear with me please.

 

Looking through my account statements I can see numerous charges.

 

I pressume "billed deferred finance charges" and "billed finance charges" are my interest entries as I cannot see them anywhere else?

 

By the looks of things my claimable charges are marked "overlimit charge assessment & charge for late payment".

 

I hadn't realised how much this would add up to. I think I'll need a new yellow highlighter pen!

[121o121]

I have today sent my prelim letter off for £551.00.

 

What is interesting is that one charge listed is direct debit reversal (manual). That charge is for £40 where as the others are all £25. Why did they write "maunual" next to it? Are all the others automated?

 

A question on its way to the service relatiopnship manager.

[121o121]

My word Cahoot, that is impressive.

 

I have today received a letter (dated the 14th) declining my request for a refund.

 

No surprises there then!

 

I have been advised that should I wish to continue my complaint, I need to write to Abbey's Stage 2 complaints team.

 

Apparantly the stage 2 team will carry out its own investigation.

 

Really? You won't just copy and paste four paragraphs of text under my name and address after the 12th day?

 

They go on to say "Should I choose to seek legal redress, neither Cahoot nor Abbey, will be held responsible for the fee's you incur.".

 

And all signed by a Mr Andrew ******

[121o121]

Have just completed the MCOL stage.

 

I will start to familiarise myself with the court bundle now.

 

More work entailed, but an enjoyable learning curve.

[MarkyT]

I too would have thought where they have "manual" next to a transaction it meant manual intervention was required but I fail to see how a returned DD could require that.

 

 

Have they come back to you yet with an explanation?

[121o121]

Hi Mark

 

I haven't challenged the "manual intervention" entry on my charges statement yet. I've decided to leave it until preparing my court bundle.

 

I have taken the step set out by Cahoot, that I should complain to Abbeys stage 2 team. I know it's a wasted letter, but will be good to submit it in my bundle when the time comes.

 

Regards

[121o121]

This morning I received both a "Notice of Issue" from Northampton County Court, and a letter from Abbey telling me their investigation has taken longer than expected as they want to research it fully. I should hear from them again within 4 weeks.

 

Playing the waiting game now then until a defence is entered.

[121o121]

Claim number 7QZ10585 incase any mods want to put me in their "litigation in progress" catagory?

[121o121]

claim acknowledged 6/2/2007

[Longleigh10]

Hi there,

I'm about to send my SAR off, can't remember my on-line log-in details, so want to send it by post. What address did you send it to? I read somewhere that recorded delivery items can't be sent to PO Box's

thanks

[121o121]

Hi Longleigh10

 

I've not sent any documents recorded/special delivery, and they have all got their ok.

 

The address I have used is:

 

Cahoot

Friars House

P. O. Box 1981

Coventry

CV1 2ZD

 

Hope this helps....

[121o121]

Received Acknowledgment of Service through via post this morning.

 

I addressed my claim to Cahoot, however Abbey have their details on the form. The full name of the defendant on the form is:

 

TS6 BO3 (Bank Charges Team)

Abbey National PLC

 

Abbey National House

2 Triton Square

Regents Park

London

NW1 3AN

 

They intend to defend all of the claim, and signed by James Arrandale (Abbeys Solicitor).

 

Anyone else got the same Solicitor?

[121o121]

I have today, received the following letter from Abbey.

 

 

 

Dear 121o121

 

121o121 -v- ABBEY NATIONAL PLC

CLAIM NO. *******

 

We are in the process of reviewing this claim and preparing our response. A defence will be filed in due course.

 

In the meantime, we note that you have claimed the sum of £656.46 in respect of charges that you say have been made on your Abbey account. How ever, you have provided no details as to how this sum has been calculated or your bank account number. Similarly, you have not provided details of the £105.46 claimed by way of interest, showing how that amount is made up with reference to each charge.

 

As you will appreciate, you will need to produce evidence to the Court regarding these amounts, and this information should have been supplied by you when you filed your claim. We should be grateful if you would provide such details to us as soon as possible.

 

It would also be helpful at this stage if you can provide e-mail and telephone contact details to us.

 

We look forward to hearing from you.

 

Yours faithfully

 

Abbey National Plc

 

 

 

I will respond by sending them my schedule of charges and interest spreadsheet, with a covering letter along the lines of:

 

 

 

Dear Abbey

 

I write in response to your letter dated 6th February 2007, in which you ask for details of how my claim against Cahoot has been calculated.

 

I can confirm that Cahoot has already received two copies of my schedule of charges. Additionally, after receiving their final response, I was advised to continue my complaint to youselves. I did this by way of letter on 27th December 2006, and included my schedule of charges document. You were also given Cahoots reference for your benefit. Nevertheless, I shall forward you these details again.

 

As my claim was filed online at www.moneyclaim.gov.uk, I was unable to attach additional information/documents. These will be forwarded for the courts benefit with my completed allocation questionnaire once you have entered your defence, and my claim has been transferred to my County Court.

 

At this point, please be advised that I am claiming unlawful charges on a credit card, not a bank account.

 

Yours faithfully

 

121o121

 

 

 

Any comments on the above? I take it this standard with Abbey claims?

[121o121]

Thanks Karn

[kilmeedyman]

Hi

 

Although mine is a bank account, it will be interesting to compare the way they deal with our cases which are virtually running sided by side through MCOL.

 

At least we ought to be able to gauge their frame of mind/current tactics between us.

 

Phil

(kilmeedyman)

[121o121]

Hi Phil, and i agree with you completely.

 

Feel abit of a lemon at the moment, so I'm starting to get my court bundle together. Theres plenty to sift through so want to be ready prepared.

[kilmeedyman]

Have today received Abbey's defence and an offer of half of everything claimed.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/53962-cunnington-abbey-startred-14-a.html

[121o121]

Have today received a copy of Abbeys defence with a covering letter offering me 50% of the value of my claim.

 

A rejection of settlement letter will be on its way come Monday.

 

In the meantime I'll type Abbeys defence.

 

 

121o121

 

- and -

 

CAHOOT

 

---------------

DEFENCE

---------------

 

1. Save as is specifically admitted in this Defence, the Defendant denies each and every allegation set out in the Particulars of Claim.

 

2. It is admitted that the Claimant has a current bank account with the Defendant, account number to be particularised (the "Account").

 

3. At all times the Account has been subject to the applicable terms and conditions ("Conditions"). which form part of the contract between the Claimant and the Defendant and to which the Claimant agreed when the Claimant 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 an overdraft we will tell you your limit and the interest rate applicable."

 

(2) "An unauthorised overdraft occurs 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 overdraft, you will be charged fees as set out in our Tariff of Charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your Account."

 

4. Throughout the period that he has had the Account, the Claimant received a number of copes of the Conditions and of the said Tariff of Charges as they were amended and updated (though there has been no material amendment to the Conditions extracted in paragraphs 3(1), (2) and (3) above).

 

5. Any overdraft facility on the Account was (and is) subject to the Conditions.

 

6. The claimant has overdrawn or exceeded authorised overdraft limits on the Account on a number of seperate occasions, full details of which will be provided on disclosure. Therefore by virtue of the Conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the Claimant became liable to pay fees to the Defendant in accordance with its Tariff of Charges applicable at the relevant time. In accordnace with the Conditions, such fees were debited to the Account.

 

7. In view of the facts and matters referred to in paragraphs 3, 4, 5 and 6 above, the Defendant denies that the amount of £551.00 or any other amount was unlawfully debited to the Account and the Claimants claim for the repayment of that amount is therefore denied. The Defendant denies that the Claimant is entitled to claim interest in the amount claimed of £105.46 or at all.

 

8. The Claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

9. Further or in the alternative, even if the said fees are not proportionate to the Defendant's administrative expenses incurred (which is denied), the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the account.

 

10. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.

 

Signed by James Arrandale

 

 

I assume its the standard defence as it refers to a bank account and not a credit card which I'm claiming from?

[kilmeedyman]

You know there must be some way of making the court aware of the fact that they are using this as a stalling tactic only, with no intention of attending a court hearing or declaring the actual cost of the charge they refer to.

 

IMHO, the request to the court to strike out the Abbey defence as it is ot a genuine defence just an abvuse of the court system in order to stall repaying money they have illegally taken.

 

Has there been any success along this route? With any bank?