Have I passed a deadline to take Cahoot to court?

angelic · 24th February 2007, 13:11

Hi I hope someone can advise me.

I sent off the initial letter asking Cahoot for my charges of £415 to be refunded. They said no.

I then sent off my LBA in October. Again, they said no.

I have only now enough cash to take them to court. Am I too late to take them to court, as it has been 4 months since I last contacted them?

Many Thanks

Joanne

MarkyT · 5th March 2007, 08:55

Hi there Joanne,

I'm no expert, but I don't see any reason why you couldn't send them another LBA and then take them to court after the 14 days passes.
I wasn't in a position to make my claim immediatly after the 14 days but i was after 4 weeks (obviously not as long as you though).
If you send them another LBA then if it does go to court and they try to use this in their defence (which I doubt they would) you have at least sent them a fresh LBA.
They could argue that they never recieved the first letter so I would send your new one recorded delivery and at least that way you know when they recieve it.

livelylad · 5th March 2007, 09:00

Agreed send a further LBA, then continue to court should they not settle.

Bookworm · 5th March 2007, 10:00

Sorry to contradict both of you, but I don't see why OP needs to send another letter. If anything, he left them even MORE time to settle, so has fulfilled all his obligations. They've said no twice, I don't think they're going to have a change of heart now. Sue them!!!

livelylad · 5th March 2007, 13:04

Booky after 8 weeks they consider the case to be closed. Another LBA would reopen the case?

MarkyT · 5th March 2007, 19:37

I agree. This way you stay squeaky clean.

Bookworm · 5th March 2007, 19:49

They might consider the case closed. And? Who said they were calling the shots on that one?

Your claim, your deadlines, even if you haven't followed your own, that's your outlook, it doesn't exonerate them or give them any right to close your file. I'm sorry, but with that kind of reasoning, you are still thinking like a victim.

As far as courts proceedings and the CPR go, you are squeaky clean once the original month from first letter is past, and that's the total sum of your obligation. By sending another letter, you are giving them back the control of the timetable, never a wise move when it comes to banks.

rbrears · 5th March 2007, 19:50

As Book says there is absolutely no need to send a further LBA - the banks may consider the case "closed" after 8 weeks - so what? YOU are suing THEM

livelylad · 6th March 2007, 08:24

Quote:

Originally Posted by Bookworm

They might consider the case closed. And? Who said they were calling the shots on that one?

Your claim, your deadlines, even if you haven't followed your own, that's your outlook, it doesn't exonerate them or give them any right to close your file. I'm sorry, but with that kind of reasoning, you are still thinking like a victim.

As far as courts proceedings and the CPR go, you are squeaky clean once the original month from first letter is past, and that's the total sum of your obligation. By sending another letter, you are giving them back the control of the timetable, never a wise move when it comes to banks.

Thank you ML for clarifying that for me I shall bow to your better knowledge. Livelylad dons his cap to booky.

MarkyT · 6th March 2007, 08:47

:o and me.
Like I said though in my first post - I'm no expert.

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