Tetsugaku-San Vs Cahoot (Credit card & current account combined)

[Tetsugaku-San]

Hello everyone, firstly let me say thankyou very much for being a great resource, I have every intention of taking my bank and credit card to the cleaners for ripping me off for a total of £3.3K

So onto my claim. I am currently at the court stage and this is what has happened so far.

05/03/07 - My friend tells me about you and I do some research

13/03/07 - Data Protection Act request to Cahoot for current account and credit card charges using standard template.

28/03/07 (approx) I receive back copies of all statements for both credit and current account.

02/04/07 - Initital letter to Cahoot asking for return of monies using standard letter.

10/04/07 standard reply form Cahoot via email:

I am sorry that you felt you had to contact us concerning the level of service that you have received from cahoot. Please accept this e-mail as acknowledgement that your issues have now been brought to the attention of cahoot's Service Relationship Managers. etc. etc.

13/04/07 standard reply form Cahoot via email:

We do not accept that cahoot charges are unfair 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. etc. etc.

17/04/07 - LBA using standard template.

24/04/07 - standard reply form Cahoot via email:

I appreciate the points you've raised in your letter and can confirm that the charges levied contribute towards our costs for administering delinquent and overlimit accounts. cahoot's Debt Management Team are dedicated to ensuring that accounts are brought back within their agreed limits and make arrangements and manual payments to clear arrears. etc. etc.

02/05/07 - initiate court action via moneyclaim online using *almost standard template.

You see as I am combining the credit card and current account into one claim (easier quicker and cheaper) I adjusted the text to be the following:

1.The Claimant has 2 accounts, xxxxxx, xxxxxx with the Defendant, opened 2003 2.Since 7/3/3 and 9/4/3 respectively, the Defendant debited charges and interest in respect of purported breaches of contract. 3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4.Claimant contends: (a)The charges exceed the Defendant's losses caused by breaches; (b)The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5.Claimant claims: (a)return of the amounts debited of £2,136; (b)Interest per S.69 County Courts Act 1984 of 8% -£383.61 continuing at 8% until judgment or settlement at a daily rate of £0.55; 6.Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7.Costs allowed by the Court.

I also sent the court manager 2 bits of paper with all the charges and the 8% stat interest on it.

I am now at the stage where moneyclaim says it has been accepted, and there is a link marked 'judgement' next to the claim - but I don't know if I should be clicking it yet

Can anyone tell me what to do now? the step by step guide is a bit wooly here.

Thanks for anything you can give me and once again thankyou for being here before - you all rock

[MarkyT]

You don't need to click it now. While you are waiting, money claim will be transferring the case to your local county court. You will recieve a letter from them in a couple of weeks with the allocation questionnaire to complete.

[Tetsugaku-San]

Afternoon all, my MCOL case has changed to 'acknowledged' - can anyone fill me in on the details of what this means to me?

Cheers - hope your claims are all going well
EDIT: Oh and also - I sent a copy of the schedule of charges to the court, but I can't see anywhere on MCOL if they received this - is there any way to check?

thx again

[ukmp3]

It means that Cahoot (abbey) have confirmed to the court that they have received the paperwork.

Next they will enter a defense

(From here on you wont be dealing with this online - back to paperwork!)

The the court will review and send an allocation questionnaire

Then it will go to your local county court

Then they will set a date for a hearing and request other information from you.

From the point you are at to getting a court date 5 months give or take a week as the courts are very busy.

Cahoot may offer to settle, but will probably wait till the 11 hour.....


If you want to see the next steps see my thread "UKMP3 Vrs Cahoot"

[Tetsugaku-San]

Hi everyone, just to keep you all in the picture on this one, I received a copy of Abbey's defence, dated 30th May 2007, the other day.

I take it I now just have to wait for this to be transferred to court?

Hope everyone else's claim is going well

[Tetsugaku-San]

Right well it looks like its been transferred to Brighton county court, dated 11th June, 2007 - how long does it normally take to actually come up? Is anyone going to Brighton

Hope everyone's claims are going through

[Tetsugaku-San]

Hi All - a little bit of news, and a need for a bit of advice!!

I've received 2 pieces from the court, one giving me a date of 16th October 2007 - 10 minutes. Is there anything else I need to do for this?

Secondly, and far more worrying, a letter from the same court saying:

"your claim was allocated to the small claims track on 29 june 2007. A fee of £100.00 is payable unless you make an application for a fee exemption or remission"

"If by 08 August you have not paid the fee or applied for a fee exemption or remission, your claim will automatically struck out without further order of the court and you will be liable for costs which the defendent has incurred"

Um - I've allready paid £120 - surely I don't have to pay any more?

All advice gratefully received people - hope your claims are going well !!

[ukmp3]

County Court Fees

Preparing for trial

Allocation to track:

claims for money of £1,500 or less no fee
all other claims £100

(sounds like what you are being charged)

This fee is payable by the claimant except where the case is proceeding on a counterclaim alone, when it is payable by the defendant.

Where a fee is due, it must either be paid when the allocation questionnaire is filed, or, if:

either

the court decides that an allocation questionnaire is not required;

or

the Civil Procedure Rules do not require an allocation questionnaire to be completed,

then the fee must be paid:

* within 28 days of filing the defence (or the filing of the last defence if there is more than one defendant); or
* within 28 days of expiry of the time for filing all defences.

Warning: if you do not pay the allocation fee when required, the court can make an order which may lead to your statement of case (claim or counterclaim) being ‘struck out’. This would mean that you could not proceed with your claim (or counterclaim).

[Tetsugaku-San]

So we're quite a way after my initial claim but just the other day a new letter dropped through my door I'd appreciate some info on:

"We refer to the above matter which relates to charges applied to botha current account and a credit card account

in order we may consider your claim, we kindly ask that you particularise your claim by providing us a schedule of charges claimed for each account detailing the account number and each specific charge.

it would be much appreciated if you could provide us with this information as soon as possible.

in the event you do not provide us with the requested particulars of the claim, we reserve our right to raise this issue with the court on any application we might seek to strike out your claim.

we trust in any event such action will not be necercery and look forward to hearing from you"

So has anyone else received a similar letter in the past? Any advice for how to take this forward?

I had put the combined claim into court just before everything was suspended so I was surprised to hear from them again.

Thanks all - hope your claims are going well