MarkyT vs Cahoot

[121o121]

Hunt down a mod and they will add it to the "litigation in progress" sub-catagory.

[MarkyT]

Defendant acknowledge my claim on the 2nd March 2007. Only took them 3 days to acknowledge. That seems worryingly fast. Anyone have any idea if this is a good or a bad thing?

[121o121]

Thats OK Mark.

Now they have a further time scale to enter their defence.

[MarkyT]

Recieved a letter from Abbey this morning.

"Dear MarkyT"

YOURSELF -V- CAHOOT
CLAIM NO. 7 QZ 23915

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 £2514.24 in respect of charges that you say have been made on your Choot account. However, you have not provided details as to how this sum has been calculated. Similarly, you have not provided details of the 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."


Now, I sent 3 letters on 26th Febuary. One to the court - recorded delivery, one to cahoot - recorded delivery and one to Abbey - standard delivery. Each of these letters included my schedule of charges. The recorded items were signed for on the 28th.

Should I send another schedule to abbey (recorded this time of course)?

I also noticed that the letter has been hand signed but there is no name on it. The signature looks like a squiggle so I have no idea who sent it.

[jellybabe]

hi there,
this seems to be a standard letter. I had exactly the same. I did send another copy of the schedule to them, of course all recorded, with the following covering letter:

Thank you for your recent letter regarding the above claim.
I appreciate very well that i need to produce evidence to the court regarding these amounts and have done so at all stages, prelim,LBA, at date of filing my claim and email to cahoot customer relations department, and for Abbey National to claim otherwise is simply untrue. However, as a courtesy i am enclosing yet another copy and look forward to an early settlement in full.

good luck

[MarkyT]

A second copy of the schedule has gone of yesterday. Interestingly enought cahoot called me yesterday to explain that I had gone 10 pound over my overdraft and demanded I bring my account up to date - they have not bothered to do this in well over a year.
Interesting what a little court action can bring.

[MarkyT]

Quick question folks. On my schedule of charges, I have the dates from and the dates to as being the dates of the 1st and last charge that I am claiming.
The 8% interest has now been included upto the date I entered the claim to the court which is about 2 months after the last claim.
So do the dates at the top of my schedule stay as they are or should they now be the date of the 1st charge to the date I entered the claim?

[121o121]

Hi Marky

Leave them as they are. Otherwise you'll be constantly updating them everytime somehting changes.

[MarkyT]

Cool thanks for the heads up.
I recieved an offer from Abbey on Saturday for £1257.12 along with a copy of their defence. Exactly half of what I'm claiming.

Time for a rejection of settlement letter methinks.

[MarkyT]

Recieved my Allocation questionaire this morning.
The letter states that the questionaire must be returned by 10th April 2007 including the court fee of £100 as my claim is over £1500.
I thought I already paid this at the MCOL stage.
Can anyone shed some light on this?

[MarkyT]

AQ ready to send tomorrow - I work 2mins walk from the court so I might just drop it in.
I got another letter from Abbey yesterday saying "Well its now been 8 weeks since you asked for your money back and we have pretty much ignored you for that time. We now give you our permission to report us to the Ombudsman. Ta Ta!"
What a cheek.
I have draughted another letter which I may or may not send tomorrow basically referring them to the court case which they should really know about as I am now in the process of suing them.

[jellybabe]

sorry noone replied to your post #30.
At MCOL stage you pay for filing the claim. The AQ costs extra if it's over £1500. When they finally pay up, they have to pay you both amounts back. So, you are not really losing anything in the end. Hope that clears things up if you haven't found the answer already.
jellybabe

[MarkyT]

Thanks jellybabe, had remembered reading about this somewhere else - went back double checked and wrote out the cheque.

[MarkyT]

HELP!!! I think I've cocked-up
On the AQ, section G - other information, do I have to list everything I will be presenting in court? I don't quite understand what its asking for. Is this the documents in my court bundle, my schedule of charges, letters etc or just the draft order for directions.
Please help quickly as I only have until tuesday to get the AQ in.

[jellybabe]

Hi MarkyT, in my AQ section G i put something like this:

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.

But there has been some new things to consider, like the new draft order for directions, which could speed things up a bit.
You find the thread here:

http://www.consumeractiongroup.co.uk...ionnaires.html

If you haven't read it yet, please do so. It's really informative. And i am sure you can get better answers to your AQ query there than off me.
There are a few knowledgable people on there.
Sorry if that is no big help, i'm no expert in those things myself.

[jellybabe]

oops, sorry, i just read your question again, and seen that you are aware of the new draft order for directions.
On the abov ethread they advise you to write the following in section G:

Please find the following attached to this allocation questionnaire;

1) Section G - other information
2) Draft order for directions

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

Please read post #3 of GaryH on the above thread. That should clear things up a bit.

[MarkyT]

Thanks jellybabe - I spent a bit more time reading it through everything again last night and have completed the questionnaire.
Thanks for the help - much appreciated.

[jellybabe]

your welcome

[121o121]

Hi Mark

Sorry I haven't replied to your PM, I haven't been around for a while.

Which did you opt for with the AQ? Draft directions?