Bexterwho v Cahoot

[bexterwho]

Hi all

Thought it was about time I started a thread on here. MCOL filed on 12/02/07. Acknowledged on 21 February and on same day sent letter claiming I had not told them account details or breakdown of charges (despite a/c number being on claim and having sent breakdown twice). Today sending letter with breakdown of charges. Let the fun begin!

ps Claiming £666.40 on a Cahoot credit card.

[MBK]

Good luck Bexterwho,

I am sure you will get all the support you need here!

[bexterwho]

Thanks.

All a bit scary but there's so much info on here I'm not too worried. I just know I'll start to get very anxious in the days leading up to the court date if it gets that far.

[MBK]

Lets hope it is settled quickly!

[bexterwho]

I have today received the defence from Abbey along with an offer for half the claim amount (excluding court fees). I'm obviously not going to accept this but I've read that a couple of people have written to them at this stage offering settlement for slightly less than the full amount and they have accepted it. I'm tempted to write and ask for £700 prior to sending in the AQ (the total claim is £746). Any opinions on whether I should do this? The idea of getting settlement now is very tempting and will avoid all the work involved in doing the court bundle etc which is a nice idea! I'm also going on holiday in April and am worried that I might miss deadline dates while I'm away. So... any thoughts, should I go for it? Does anyone have a sample letter I could use? Should I mark it 'without prejudice' or not? I'm thinking not since I'd want to use it in court to show that I have tried to settle.

Thanks in advance

[bexterwho]

Ok. AQ completed and sent to local court. Also letter posted and emailed to James Arrandale offering settlement figure of £700, valid for 10 days. Lets see how this one pans out.

[bexterwho]

Surprise surprise, not heard anything from Abbey. I've just phoned the court to check on progress as I'm off on holiday tomorrow for 2 weeks, and apparently they are still waiting on the AQ from Abbey. It was due on the 31st March. Now, should I email James to chase him up on this, bring my claim to his attention and hopefully get a settlement out of him, or should I leave it until I get back from my holiday? If I wait and they haven't returned the AQ by the time I get back, will their defense be struck out?

[bexterwho]

Does anyone know how long it normally takes from sending in the AQ to getting a court date. The deadline for my AQ was the 4th April, its now the 30th May and I have heard nothing from the court. Is this normal? I last called them about 2 weeks ago and they said my case was with the judge for allocation, they said the same when I called 2 weeks before that. Am I being impatient or does it normally take this long?

[bexterwho]

Ok, just phoned the court and apparently an order was prepared on Friday and should be in today's post. I have a court date on the 20th August. Bit anxious about this, especially after the recent losses with Lloyds, but will start reading what I have to do now. Any advice/support would be welcomed!!

[bexterwho]

Help!!! I am putting together my court bundle - very last minute but I have been away and it is due in tomorrow. Am I right in thinking that all I need is the stuff in Bookworms basic bundle plus all letters to and from Cahoot, interest spreadsheet and statements. Should I put anything else in? Do I need to find terms and conditions? Please help me, I'm panicing now!!! Also, I have a letter that I sent to Cahoot in response to their 'without prejudice' offer. Can I include this as it references a letter which was 'without prejudice'.

[papaparkin]

probably a bit late now, but you need to include, bookworms basic bundle, all letters to and from Cahoot but NOT those that have 'without prejudice' on them as they cannot be submitted without Cahoot's permission. Don't panic, they certainly will not be going to Court! give them an email the day before Court (if it gets that far) to confirm their attendance. A full (or very near) full offer should follow.

[bexterwho]

Thank you for your help. I submitted the bundle on Wednesday, now its just playing the waiting game. Abbey are due to submit their's on the 4th july, I presume they won't bother, or do they submit them even though they have no intention of going to court? If they don't submit it, does the case get thrown out and I win by default?

[papaparkin]

well in my particular case, they had no record of a Court date and so submitted no bundle at all. who knows what's going on with their admin, poor things must be inundated. I gave them a ring the day before Court to see what they were up to, that's when they settled.

[bexterwho]

I won!!!!!!
Just received a letter from Abbey with a full settlement offer, including interest. They said they will raise a cheque and send to me. Can't quite believe how quickly they have done this. I only sent the bundle to them on Wednesday, so they must have received it on Thursday and sent the letter the same day, with the post office strike yesterday. Obviously got to wait to get the cheque in my grubby mitts but, looks like the fight is over. Woo hoo!!!! Not sure how to change the title of the thread or move it to wins, can a mod do this?? Everyone who's still going, keep at it. Looks like they might be starting to get themselves more organised now and settling a bit earlier.

[papaparkin]

Congratulations!! I'm waiting for my cheque too, but have got their settlement agreement in writing, so that's fantastic. Remeber to write to the Court to withdraw your claim (after you have received the cheque!)

Another one bites the dust!

[bexterwho]

Just to update, got my cheque sent through last week Wednesday and emailed and posted a letter and spreadsheet to them asking for wasted costs. I've given them 7 days to pay up or a wasted costs order will be going to the courts.