Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
If you have any questions regarding your claim, ask them on your thread.
Also keep your thread updated, so people know what stage your at and how they can help you.
Regards.
Scott.
Any advice I give is honest and in good faith.
If in doubt, you should seek the opinion of a Qualified Professional.
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Help keep it up and active, helping people like you.
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Good to see you here..as Maroon suggests you need to get started in the Cahoot forums so will move this there for you.
Feel free to ask away for help should you need it.Read some other Cahoot threads too.
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Have replied to your PM.
Dont worry...we are all new here at the beginning.
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Dear Mr XXXXXXX,
I’m contacting you further to your letter regarding your cahoot credit card account.
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've considered this matter carefully and am not in a position to refund the charges you've incurred.
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 http://www.cahoot.com/legal/legal.html#importantInfo under the heading 'Complaints policy'. The complaints policy also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.
Yours sincerely,
David Freeman
cahoot Service Relationship Manager
Told them I wasent happy
2nd Reply
Dear Mr XXXXXX,
Thank you for your recent e-mail.
I’ve again considered your complaint and do feel that the charges are fair. 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
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 http://www.cahoot.com/legal/legal.html#importantInfo under the heading 'Complaints policy'. The complaints policy also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.
I got the standerd letter back 3 Weeks Later stating nothing was happening due to test case, I pointed out that the test case did not effect Credit Cards i never got a Reply, I Pointed out AGAIN it did not effect Credit Cards and Got The Previoustly Posted Reply on the 24th Apr
Dear Sir or Madam,
Re. Account number: XXXXXXXXXXXXXX
I am writing to request that you repay all the late payment fees and/or over limit fees that have been applied to my account.
I do not believe the charges reflect the true cost to Cahoot and are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999.
This is supported by the Office of Fair Trading’s April 2006 statement into credit card charges, which noted that the level of charges at the time, and prior to that period, were unfair.
I request that my complaint continues as it is not covered by either of these arrangements.
The fsa waiver states - “We are making this waiver by consent available only to providers of current accounts with overdraft facilities. The test case aims to establish legal certainty on the lawfulness and fairness of charges levied by current account providers for unauthorised overdrafts.”
THE OFT Agreement states – “The OFT has initiated an investigation under s.224 of the Enterprise Act 2002 into the fairness or otherwise for the purposes of the Unfair Terms in Consumer Contract Regulations 1999 of certain terms contained in each Bank’s personal current account arrangements…”
As my complaint is not in relation to current account provisions and you are not authorised to suspend my complaint
The charges total £250.00, plus as I believe I have been unlawfully deprived of the money I have calculated £99.51 interest at the statutory rate, the amount the court will award.
I therefore ask that you repay me the full amount of £349.61. I have attached a full schedule of the charges and interest with this document.
I look forward to a full response to this letter within 14 days.
Yours faithfully,
XXXXXXXXXX
Charge Value
Date
Interest
Total
£25
01/09/2002
£10.95
£35.95
£25
01/11/2002
£10.62
£35.62
£25
01/12/2002
£10.45
£35.45
£25
19/12/2002
£10.35
£35.35
£25
01/01/2003
£10.28
£35.28
£25
01/02/2003
£10.11
£35.11
£25
20/02/2003
£10.01
£35.01
£25
01/03/2003
£9.96
£34.96
£25
20/03/2003
£9.86
£34.86
£25
19/08/2004
£7.02
£32.02
Total
£250
£99.61
£349.61
AND
Cahoot
Friars House
Coventry
CV1 2ET
Dear Sir or Madam,
Re. Account number: XXXXXXXXXX
I am writing to request that you repay all the default charges that have been applied to my account during the past six years from the date of this letter. I do not believe these charges reflect the true cost to Cahootof going into unauthorised overdraft.
The charges total £905.00, plus as I believe I have been unlawfully deprived of the money I have calculated £301.31interest at the statutory rate, the amount the court will award.
I therefore ask that you repay me the full amount of £1206.31. I have attached a full schedule of the charges and interest with this document.
I look forward for a full response to this letter within 14 days.
Just thought I'd drop on in this one. I'm about to start claiming for my Cahoot credit card charges. They are right gits. Tell me someone. I have a current account with them & the entire minus balance is made up of charges. Are Cahoot part of the Test case as they are part of Abbey or not. I see Abbey's name on the test case so does this include all of there sub divisions - i.e Cahoot?
You need to fill in Form 1A and 1B (both the same)
Then take them to your Local Sheriff Court.
The Sheriff's Clerk will go over your forms with you and correct any mistakes.
Also take enough money to pay the fee.
Which town are you in ?
Regards.
Scott.
Any advice I give is honest and in good faith.
If in doubt, you should seek the opinion of a Qualified Professional.
If you can, please donate to this site.
Help keep it up and active, helping people like you.
If you no longer require help, please do what you can to help others
It really is easier than you think to claim back your charges, I did'nt have a clue when I first found this site.
The Scottish claims limit has been increased to £3,000 for Small Claims and £5,000 for Summary Cause. I used both against HBOS before the increase.
If you need a hand filling in the Form, give me a shout, the link I gave you above gives a good explanation of what to do.
Once you fill in the forms, take them to your Local Court and as I said before, the Clerk in the court will go over them with you and help you correct any mistakes.
You can fill the forms in on the computer, then print them off.
Regards.
Scott.
Any advice I give is honest and in good faith.
If in doubt, you should seek the opinion of a Qualified Professional.
If you can, please donate to this site.
Help keep it up and active, helping people like you.
If you no longer require help, please do what you can to help others
tilleyedie v Cahoot
The Consumer Forums
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