jellybabe v Cahoot

[jellybabe]

that's it.It's a whole new experience for all of us and we are learning by doing.

[jellybabe]

Deep Breath.......this is my biggest fish to fry.I am at mcol stage and could file by end of week. I've got one question:
I know there will be charges next month, as they just returned a direct debit unpaid (despite me paying a cheque in on the 26th August?!)Surely it should have cleared by now!And i am therefore overdrawn aswell now.
What should i do?Shall i wait with my claim til they charged me those buggers, or should i start my claim not anyway.And what will happen to the new charges after i filed??
Greatfull for any advice

[Abby]

I had this as well Jellybabe. I only filed for the charges that I had mentioned in the Prelim and LBA. I did this so I prove to the judge that I had tried to enter in a discussion with the bank. When and if I receive an offer from DLA Piper I will ask them to include other charges I have since incurred. Failing that I will start all over again.

[jellybabe]

Thanks Abby, that means my claim is ready to be filed.

[jellybabe]

Still not filed my claim. Had other things to deal with first.
Can anyone tell me please if i can send the n1 claim form in by post to the court, or do i have to do it in person.
As that would decide if i start again with contractual rate or just carrying on down the 8% route.

[Michael Browne]

N1 can be filed by post or in person at your local court.

[jellybabe]

Thanks once again! I will start again with my contractual rate. Not quite sure if i have to start right from prelim again, but will have another read through the site first. Also, i need to clarify a bit more what i include in my letters.I used mindzai's spreadsheet that compounds interest daily. But not sure if i include all the amounts (charge..compound interest...interest paid on penalties and compound interest on interest) and then, when it finally comes to filing don't add the 8%. Am i right?

[Michael Browne]

Correct, but in your POC you claim 8% in the alternative, ie if the judge rules against contractual, you have the 8% as a fall back position,

[jellybabe]

Thanks alot for your quick answer. Will prepare my prelim tomorrow morning and send it off.What is another 28 days when i waited that long already?!
All worth it as long as i get it in the end (and hopefully before xmas,lol)

[jellybabe]

i prepared my new amended lba including the contracted interest rate.Could anyone please have a look at it and let me know if it's ok to send like that. Or did i forget to include something important?

Dear Mr Loftus,
ACCOUNT NUMBER: **********
I am very disappointed that we have not been able to resolve this matter yet.
I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £905 plus £279.13 which you have charged me in overdraft interest for the sum which you have taken. Further I am claiming the contractual rate of interest at 21.9% based on your unauthorised O/D rate giving a total claim of £ 1244.87 as of the date of this letter. I should advise you that interestis accruing on a daily basis and early settlement of this claim is in your interest.

I am enclosing a copy of the schedule of the charges which I am claiming. I have amended the schedule since my original letter of 24th July 2006.

I require repayment in full of the sum mentioned above. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount including the interest at the contractual rate of 21.9% plus court costs and without further notice.

Yours sincerely,

Thanks!

[jellybabe]

I assume everything in my letter is ok and will post it as soon as i get an answer to my revised Prelim.

[jellybabe]

Today i received a response to my lba from cahoot:

Dear jellybabe,
I refer to your letter dated 16th October 2006 regarding your cahoot Current account. I have taken ownership of your particular case as Lee Loftus is currently out of the office.
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.
It is well known that banks make charges and cahoot charges are in line with those of other banks. 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 were not under any obligation to do so and could have gone to another bank if you did not agree to the charges. Equally, you are free to move your account to another bank at any time if you do not agree with the charges.
In any event, we do not agree that the charges are disproportionate. The charges are reasonable and proportionate to the administrative costs incurred by cahoot.
I am therefore unable to refund the charges you've incurred fully appreciating the disappointment this may cause.
Please be assured I have carried out a full investigation for you and I hope you feel I have offered a fair response to all of the issues you've raised. I will keep your file open for the next 8 weeks and if I don't hear from you within that time, I will assume that everything is resolved and will close your file. If you remain dissatisfied though you can find details of how to take your complaint further within Abbey at legal T&Ts under the heading 'Complaints policy'. The complaints policy also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.
Kind Regards
Mili Popovic (Miss)
Service Relationship Manager

i guess it really is time for MCOL soon.

[jkop]

standard response from cahoot - I received this 1 day after sending pre-lim letter, then they just ignore everything after that until moneyclaim which they have acknowledged now.

Originally Posted by jellybabe

Today i received a response to my lba from cahoot:

i guess it really is time for MCOL soon.

[jellybabe]

thanks, will give it until the 1st November and then i file at last

[jellybabe]

Had another email today

Dear jellybabe,
Thank you for your recent e-mail.
I appreciate the points you've raised and hope that I can explain what the charges you've incurred represent. 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. I've checked our records and can see that our Debt Management Team have previously contacted you on a number of occasions in relation to your outstanding debt.
I've considered this matter carefully and am not in a position to refund the charges you've incurred. This is my final response in relation to this matter.
If you wish to escalate your complaint you will now be required to write to Abbey's Stage 2 complaints team. This department is an autonomous body within Abbey who will review your complaint on an independent basis. If you decide to write to them please state that cahoot has issued its final response in relation to this matter and please quote my name so that the relevant paperwork can be quickly obtained.
Stage 2 Complaints
Abbey
PO Box 911
Central Milton Keynes
MK9 1AD
Stage 2 Complaints will review the details of your case and carry out its own investigation. In the unlikely event that you are still dissatisfied you can write to the Financial Services Ombudsman at the address below.
South Quay Plaza
183 Marsh Wall
London
E14 9SR
Yours sincerely,
David Freeman,
cahoot, Service Relationship Manager.

Yeah, WHATEVER!Off to court as soon as i have the cash for it.

[jellybabe]

got my claim form ready.Got 3 copies. one for the court, one for cahoot and one for me.
A couple questions please:
Who do i make the cheque for the court fee out to?And....do i send all 3 copies off to court? Or do i keep mine, send one off to court and send the other one to cahoot??I can remember Lee Loftus sending me an adress to send the claim form to.
Hope someone can help me asap, so i can send it all off.
Fingers crossed!Maybe i'm a bit richer by x-mas then.....or maybe not.

[Michael Browne]

Cheque is either to XXXX County Court or Her Majesty's Court Service.

Send all 3, the court will seal them and send 1 back to you and serve the other on Cahoot.

Xmas is a bit optimistic!!!