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.
I sent a DPA letter - recieved a full list of all transactions, plus my cheque back.
Sent initial letter...have recieved this response:
Dear Mr
I refer to your letter dated 19th July 2006 regarding your cahoot Current account. I have taken ownership of your particular case in order to provide a response to the issues you have raised.
We do not accept that cahoot's 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's 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.
If you need anything further please do not hesitate to contact me.
Yours sincerely
(Name Removed)
Service Relationship Manager, cahoot
Standard letter... mmm... you gonna wait the 14 days?
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
I sent the lba, giving the 14 days to respond. They duly responded, saying that their position on bank charges was unchanged from their first email.
I then started the process with MCOL. They have to respond by the 27th or 28th (can't remember which off the top of my head, but this Monday at the latest).
Since this deadline is getting awfully close, I was wondering:
1) Have many other claimants against Cahoot have this problem?
2) Assuming I don't hear anything, the next step is to ask the court to enter a judgement. How long would this take? Assuming the judgement was in my favour, how would I then go about chasing Cahoot, or would the court do it?
I have gone through the process to the letter (initial letter, lba, court claim filed on 9th August). The court issued a deadline for response of 28th August, and I recieved a letter from Cahoot / Abbey's solicitors on the 30th.
Basically, it says:
We are acting on behalf of Cahoot
We are in the process of deciding a response, a defence will be filed in due course
No deadline is given regarding when they will respond (and this response was slightly late anyway, as mentioned).
Please could you give me any (constructive) criticism of this letter of response.
Thanks
Andy
I am writing in response to your letter dated 25th August 2006, in which you request more information regarding my claim against Cahoot bank, totalling £xxx plus costs.
Please find a full breakdown of my claim overleaf.
I also would like to point out that I started this claim on the 4th July 2006, almost 2 months ago. Cahoot / Abbey National could have made this query at any time during this period and chose not to. I would also point out that since I only received your letter on the 30th August, it was received after the deadline set by the court – it is fortunate that I decided to allow a few days grace before continuing my court action.
In your letter you give no indication of how long you will take to decide on your response. I am prepared to wait 14 days for your response before I continue with the court action - given that this issue has been ongoing for nearly 2 months already I think this is very reasonable.
I would also take this opportunity to repeat my claim – I am claiming a total of £xxx, consisting of £xxx in charges, £xxx in interest, plus £50 in court costs. I require this sum in full and unconditionally. A partial payment is not acceptable.
Andykb3 Vs Cahoot
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
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