MarkyT vs Cahoot - Page 3

MarkyT · 16th April 2007, 13:43

Just a quickie:

Is it possible to send Abbey/Cahoot a letter asking them to settle for x amount advising that any action will be dropped if they comply.
I'm thinking of asking them again to refund the original requested asked minus the 8% interest.
If I do, what do you nice folks think my chances are and is this a good idea at this stage?

jellybabe · 16th April 2007, 17:58

Hi, i tried this approach and got nowhere.
This is the reply i got:

Quote:

Dear jellybabe,

Thank you for your letter.

Due to the extreme volume of cases being dealt with at Abbey National Plc I am undable to prioritise your in front of those older claims on foot unless there is some commerical advantage to Abbey National Plc to do so.

A settlement in full at this stage does not offer Abbey any commercial advantage that is different from any other request from another claimant who would have commenced a claim before you i.e. ongoing interest/ court costs etc. Please appreciate all claimants take this view.

The conduct of all claims is being strictly monitored in accordance with the Civil Procedure Rules and dead lines imposed by the Court. This is a necessity in view of the number of claims we are dealing with. It is simply a timing/ volume issue.

If you would like to reconsider your position and put a settlement offer to me, that gives me a commercial reason to extract and verify your claim ahead of normal time schedules, I am more than willing to do so.

Kind regards,

Inga Kirkman

Best thing to do is being patient.And believe me...it took me alot of patience, but i got there in the end.And so will you.

MarkyT · 5th May 2007, 19:52

Whoohoo - got my court date - 14th August.
Now things are getting scary as I'm really struggling to put together my court bundle.

MarkyT · 6th June 2007, 09:38

Got a strange letter from Abbey yesterday regarding my letter dated 22nd Feb 2007 saying that they have unfortunately mislaid my information and as a result have closed my file.
From my records, I never sent a letter to anyone on the 22nd Feb 2007.
Anyone have any idea what they might be up to if anything is this some sort of tactic?

MarkyT · 8th June 2007, 19:35

WHOAAA!!!

Just logged into my bank this evening to see that someone has deposited £525 into my current account with the reference GOODWILL PAYMENT.
I've had no notification by letter, email, secure message or telephone to say that any money was to be paid into my account.
I've seen something on here about recieving goodwill payments but cant find it again. I'll keep looking but in the meantime if anyone has a link please let me know.

Cheers

crystalcag · 9th June 2007, 21:41

Hi there, the same thing happened to me a few days ago. Very strange feeling isn't it? "goodwill" !!!! hahaha. I sent a letter rejecting their offer yesterday - I could do with the money hugely but wanted to be totally clear that I want the whole lot back not just a piddly 1/8. Here is the link to the templates .. rejecting offers. good luck!

MarkyT · 11th June 2007, 08:34

Thanks for that crystalcag. I was planning on sending one of those templates but I'm not really sure which one would apply to this situation. As I mentioned in my previous post, they haven't contacted me at all about this.
I'm going to transfer the money into a (cahoot) savings account and write back telling them that I will accept it as a partial settlement but that I will be continuing the claim through the court but giving them the option to remove the funds from that savings account within 7 days of my letter. I will also write to the court to explain they have part settled (proving they dont withdraw the funds of course).

Do you think this is a good idea?

I'm even tempted to write back to cahoot asking them to settle for 1500 quid (the balance of my overdraft) and to close the account which is all I ever wanted in the first place.

crystalcag · 11th June 2007, 09:32

Accepting the money as partial settlement sounds like a good idea. Wish I'd done that now - Lloyds have been sending me enforcement letters to bring my account back in the overdraft limit...It was when they paid in the money and now if/when they take it out it'll be over again! drat!

Hmmm - don't give up now. It must be tempting - and not to receive any replies frustrating, but that could be part of their tactics. Just wait, in the end you will be able to relax and enjoy getting back the money they owe you! It will all be in your favour in front of the judge anyway - how can they charge such huge charges when they don't even send letters!!!!!

jellybabe · 11th June 2007, 09:37

Hi,
it's all tactics. They done the same to me.haven't had any replys for ages.
Not sure about moving the money out of your account into a savings account. They probably take it back straight after they receive your letter. But then, i could be wrong.
Anyways, Good Luck...not that you need it

. All you need is a bit of patience. It will all come good in the end.

MarkyT · 11th June 2007, 20:51

A letter was waiting when I got home this evening saying that "contrary to their previous letter" they are happy to confirm that they have investigated my case after all and have paid 525 pounds into my account. How jolly nice of them - especially when they already offered me 1200quid to settle a few months ago.
I've had to move the "Goodwill Payment" into the savings account to stop me spending it by mistake. And of course I will instruct them specifically to withdraw it from that account. Might as well make some interest out of them in the mean time.

121o121 · 24th July 2007, 09:19

Hi Marky

How are you getting on? Did they withdraw the money from the savings account? Is it still there to withdraw, lol?

MarkyT · 24th July 2007, 13:32

No its gone - family emergency just recently put an end to that - I now feel I am in an awkward position.
The Letter they sent me didn't state any terms - it was just a goodwill payment according to them.
I have written back to them to say that I will accept as part settlement but will be continuing my action in the courts. And hopefully will have the court bundle in tomorrow. That is proving to be a real nightmare to put together.
Am I right in saying that anything with "without prejudice" on it must not be included in or referred to in the court bundle?

MarkyT · 25th July 2007, 13:17

Court bundle is in.
Tried to contact shabbey this morning to ask if they'd like to settle before I handed the bundle in. The guy at the other end of the phone was very unhelpful and just said its a cahoot account and you have to speak to them. I tried to argue that abbey was handling the complaint and the litigation and that it will be them who decide to settle. He then told me to write a letter but wouldn't really help with any questions.
Can I ring the legal department to try and pester them into a settlement?

121o121 · 25th July 2007, 15:11

Hi Marky

Sorry to hear of your family emergancy, I hope you didn't feel offended by my comment. I would definately contact Shabby and negotiate.

My claim was with Cahoot, but Abbey were dealing with it. They told me they wouldn't prioritise my claim infront of others unless it was beneicial to them (ie, a lower settlement). My claim was for something like £532 and I told them I'd accept £500 to end it now. They accepted.

MarkyT · 25th July 2007, 17:23

Dont worry about the comment 121. Actually made me laugh out loud. The lads at work have been taking the mick for a couple of weeks as I was adamant I wasn't going to spend it.
The lower settlement is exactly what I'm after really. All I want is for them to pay off my overdraft (£1500) and close my account. My claim is obviously higher than the overdraft so this looks good. Who can I speak to in Abbey to arange this. The guy I spoke to this morning was so unhelpful it was unreal.
My claim is also with cahoot.

MarkyT · 30th July 2007, 14:02

And the request for strikeout order is now in as I have still not recieved any correspondance from cahoot or abbey - handy working next door to the court

.
I noticed that the nice lady that took my letter gave it a good read this time whereas the previous letter I put in to notifiy them of the goodwill payment she litterally just scanned it. Hmmm.

121o121 · 6th August 2007, 08:57

Hi Marky

I wrote:

Quote:

You are aware my claim currently stands at £736.46. In an attempt to reach a compromise with you, I will accept £700 to settle my claim.

I faxed it to them, I will try and find the details.

MarkyT · 6th August 2007, 09:41

thanks man, I'm in court this friday and have heard nothing from Cahoot at all.
Getting really nervous.

MarkyT · 10th August 2007, 10:33

Well, I'm in court today - 2pm and bricking it. I got a letter on wednesday from the court saying that it is up to the trial judge wether or not to hear any evidence from the defence following my request for the defence to be struck out.
Please all can you wish me luck.

I'll post back this afternoon.

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit--	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki