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Old 18th May 2006, 11:02   #1 (permalink)
Chimera
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Default Nici vs Cahoot & EX

Ex left me in an awful position nearly two years ago, with thousands of pounds worth of debts, which I admit I had stupidly taken out in my name, but I did not spend. Anyway.. I have a joint account with him still, because the account cannot be closed until the £1000 OD is paid off... so I am going to ask them for all of the charges back, and pay off the account, and should have money left to pay off other debts with them too.. I have worked out that in the last year alone, on two current accounts and one credit card, I have paid £445 in charges.. should have been more.. but I asked for a couple to be refunded, as they were silly...
I will take cahoot first and them barclays, citi, ge capital, NatWest etc... I have been charged so many times.... and just accepted it... Any advice would be appreciated.. I have started by sending them a polite email asking cahrges since the account opened - 2002 i think... will see what they say.. from reading the posts, they may be difficult, but I don't mind.. so long as there is a light at the end of the tunnel... This could actual clear at least a auter of the debt I have now - that would be nice!!!
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Old 18th May 2006, 11:23   #2 (permalink)
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Default Re: Nici vs Cahoot & EX

Quote:
Originally Posted by Chimera
Ex left me in an awful position nearly two years ago, with thousands of pounds worth of debts, which I admit I had stupidly taken out in my name, but I did not spend. Anyway.. I have a joint account with him still, because the account cannot be closed until the £1000 OD is paid off... so I am going to ask them for all of the charges back, and pay off the account, and should have money left to pay off other debts with them too.. I have worked out that in the last year alone, on two current accounts and one credit card, I have paid £445 in charges.. should have been more.. but I asked for a couple to be refunded, as they were silly...
I will take cahoot first and them barclays, citi, ge capital, NatWest etc... I have been charged so many times.... and just accepted it... Any advice would be appreciated.. I have started by sending them a polite email asking cahrges since the account opened - 2002 i think... will see what they say.. from reading the posts, they may be difficult, but I don't mind.. so long as there is a light at the end of the tunnel... This could actual clear at least a auter of the debt I have now - that would be nice!!!
Welcome to the site...

Best advice that can give is to have a good read around the site... The FAQ's in particular. Get a good feel for the arguments.

If you have any questions after that... post them up and I'm sure someone will help you out as much as they can...

Keep us posted as to how you're getting on.
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Old 19th May 2006, 01:45   #3 (permalink)
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Default Re: Nici vs Cahoot & EX

Got an e-mail from them today:

Dear Ms. Chapman,
Thank you for contacting cahoot in Coventry.
The information you require will be sent out to you very shortly.
Please allow up to 7 days for this information to be received.
Kind Regards,
Stephen Shaw
Who would you rather be in cahoots with?


Interesting, they seem to be very forthcoming.. let's hope they are true to their word.. I have found with cahoot, as with a lot of place that it entirely depends on the person dealing with your enquiry, some are useless, some are negative, and SOME are excellent.. we'll see..
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Old 5th June 2006, 18:13   #4 (permalink)
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Default Re: Nici vs Cahoot & EX

Got the list of my charges the other day about 2k over three accounts!!! Do I deal with each account sperately??? or all together??? Help???
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Old 5th June 2006, 18:50   #5 (permalink)
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Default Re: Nici vs Cahoot & EX

oh.. and do I send the break down with the interest? with the prelim letter??? I am getting confused!!
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Old 7th June 2006, 18:45   #6 (permalink)
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Default Re: Nici vs Cahoot & EX

so three accounts seperately??? or not?
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Old 7th June 2006, 19:00   #7 (permalink)
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Default Re: Nici vs Cahoot & EX

As it's only £2k I can see no reason for splitting it...

As to the interest... IMHO... They should know what charges have been levied... Think they should be getting the idea by now ! However, I would probably send the breakdown... But it all depends on how helpful you want to be them and how quick you want resolution... (It's possible they may play ball if you are nice to them...)
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Old 7th June 2006, 19:15   #8 (permalink)
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Default Re: Nici vs Cahoot & EX

Ooops.. too late.. have split the three up, but sent e-mails of 5 mins apart.. Have atttached a copy of the breakdown with it as well.. lets see what happens now...
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Old 7th June 2006, 19:20   #9 (permalink)
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Default Re: Nici vs Cahoot & EX

Quote:
Originally Posted by Chimera
Ooops.. too late.. have split the three up, but sent e-mails of 5 mins apart.. Have atttached a copy of the breakdown with it as well.. lets see what happens now...
Can't hurt !
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Old 8th June 2006, 17:30   #10 (permalink)
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Default Re: Nici vs Cahoot & EX

Sent E-mail yesterday - got this response today!

Dear

Thank you for contacting cahoot in Coventry.

We don't accept that cahoot's charges are unfair or unlawful under the Unfair Terms in Consumer Contracts Regulations 1999. The object of these Regulations was not price control nor were they intended to interfere with people's freedom to agree the terms of their contracts.

It's well known that banks make charges and cahoot's charges are in line with those of other banks. As you've stated in your letter, the terms and conditions of the account and the charges that apply are clear and fair and were provided to you at the time you opened it. You freely agreed to the terms and conditions and the charges when you opened the account. You weren't under any obligation to do so and could have gone to another bank if you didn't agree to the charges. Equally, you're free to move your account to another bank at any time if you don't agree with the charges.

In any event, we don't agree that the charges are disproportionate. The charges are reasonable and proportionate to the administrative costs incurred by cahoot.

I'm therefore unable to refund the charges you've incurred fully appreciating the disappointment this may cause.

If you need anything further please don't hesitate to contact me.


What to do next.. do I still have to wait the 14 days?? or do I send an e-mail back today
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Old 8th June 2006, 18:10   #11 (permalink)
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Default Re: Nici vs Cahoot & EX

IMO with the prelim letter it is worth waiting the 14 days to give them a chance to digest and perhaps (not bloody likely) change their minds... That way you can demonstrate that you have been entirely reasonable in your requests of them...

However, another letter letting them know that you do not accept this response and reminding them of your request for a satisfactory response within 14 days of sending (/recieving) original letter...
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Old 12th June 2006, 22:11   #12 (permalink)
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Default Re: Nici vs Cahoot & EX

sent them an e-mail asking them to reconsider... and reminding them of my intentions... but still waiting to hear back from them.. got an e-mail saying my e-mail had been forwarded to person who was dealing with my equiry. May send them an e-mail tomorrow.. give them a reminder.. and they have just charged me £25 for a returned direct debit - just makes me more detirmined to get my money back...
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Old 5th July 2006, 14:11   #13 (permalink)
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Default Re: Nici vs Cahoot & EX

so.. I sent them the Letter before action... and it was their last day to reply today... i Gotear xxxxxxxxxxx Thanks for your email. As already advised, these charges are valid in line with the terms and conditions of the account. If, as stated in your letter, you wish to take this matter further then please send all documentation marked for my attention to: Service Relationship TeamcahootFriars HousePo Box 1981Coventry CV1 2ZA If you require any further assistance then please do not hesitate to contact me. Yours sincerelyCraig Cathcart Service Relationship Manager, cahootSo tonight - I shall be filling in my form and getting my money back... How long does it usually take form this point forward? and do I add the back charges they have charged me in the last 14 days?
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Old 5th July 2006, 18:29   #14 (permalink)
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Default URgent Help Needed

I am ready to file my claim with cahoot.. Just a bit stuck on what to put in the particulars of claim.. I have copied and changed the bit from the library, but am still confused... Can anyone help.. They owe me:

They owe me £2655.5 in Total!!! (including the interest) For both my current accounts and my credit card. Want to get the particulars exactly right because I am having to borrow the £120, to pay for it....

Can someone please help???
Panicing.. and want to get it done tonight!!
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Old 6th July 2006, 00:05   #15 (permalink)
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Smile Re: Nici vs Cahoot & EX

Firstly, DON'T PANIC!

The hardest part of filling in the online claim is getting the word count below the limit and within the 24 lines.

Here is what I put:

Quote:
I have a contract with the defendant bank
dated XXXX conducted on their
standard terms. I'm claiming the return of
money taken by the defendant in the way of
charges over the last 6 years plus interest
they have levied on those charges. The
bank's charges are a disproportionate
penalty and therefore unenforceable as they
are contrary to common law. Further, as a
disproportionate penalty they are invalid
under the Unfair (Contracts) Terms Act 1977
s.4 and under the Unfair Terms in Consumer
Contracts Regulations 1999. Para.8 and sch.2
(1)(e). In the event that the charges are
not a penalty then they are unreasonable
within the meaning of the Supply of Goods
and Services Act 1982 s.15. I have asked
the bank to justify their charges but they
decline to. I also claim interest under
section 69 of the County Courts Act 1984 at
the rate of 8% a year from XXXX to
XXXX of £XXXX also interest at the
same rate up to the date of judgment or
earlier payment at a daily rate of £XXXX.
Replace the XXXX with an appropriate date or an amount and use Vampiress' Excel spreadsheet (from the library) to calculate the appropriate interest.
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Old 6th July 2006, 13:41   #16 (permalink)
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Default Re: Nici vs Cahoot & EX

Good luck - I start my claim against Cahoot on Monday. I will watch your thread to see how it goes.
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Old 6th July 2006, 22:28   #17 (permalink)
Chimera
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Default Re: Nici vs Cahoot & EX

THanks... Didn't put the bit about the xtra interest as I have used the basic speadsheet, unless anyone can tell me what the interst would be per day.. On

2655.90 plus £245.91 interest.. plus £120 court fees?

Is it under the Human rights act?
I do not know the date I started banking with them, is this important?

Getting very confused.. I suppose it will be easier the next money grabber I claim money back from.
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Old 6th July 2006, 22:50   #18 (permalink)
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Default 6qz44475

Ok.. panic over.. have done it now... searched the site for human rights act.. and have put my claim in... Totaling 2655.91... with £120 costs... fingers crossed...
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Old 7th July 2006, 19:33   #19 (permalink)
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Default Re: Nici vs Cahoot & EX

Oh god.. I am panicing now...

I have read through the site... but have now been reading more.. and am getting very confused about the 8% interest. I sent letters asking for the charges plus the interest on these charhes at 8%. But it says on some threads that you do not ask for the interest till you go to court... I'm very confused... Panicing I have done it wrong..

Are they talking about the 8% interest after the claim has been filed... - ie the interest from the claim date, as I have already claimed the interest until the claim date?

It gives the space on the letters i have copied and pastied for both the charges and the interest - so I think I have done it right.

Can someone please confirm this? I am a very confused bunny at mo... and am looking to get letters sorted for other institutions, so want to make sure, now, that I am doing it right...
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Old 7th July 2006, 19:57   #20 (permalink)
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