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12/03/06 - Initial letter sent to reclaim £900.00 in applied 'unauth overdraft fees' + 8% apr interest.
20/03/06 - Email received from Cahoot customer service relationship manager:
' I refer to your letter dated 8th March 2006 regarding your cahoot current account. I've taken ownership of your specific case to provide a response to the issues you've raised.
We don't accept that the cases that you mention apply in this situation or that Abbey's charges are unfair under the Unfair Terms in Consumer Contracts Regulations 1999. The object of these Regulations wasn't 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 Abbey'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.
After checking all of the statements issued on your account since it was opened, I can confirm that a total of exactly £900 has been debited for exceeding your agreed overdraft limit. For the above reasons I will not be reimbursing any of these charges. I am sorry that I cannot be writing on more of a positive note and apologise for any disappointment that this may cause. If you still require copies of the statements attached to your account, please email me accordingly.'
21/03/06 - Summary Cause Summons drafted and posted to local Scottish Sheriff Court
We don't accept that the cases that you mention apply in this situation or that Abbey's charges are unfair under the Unfair Terms in Consumer Contracts Regulations 1999. The object of these Regulations wasn't price control nor were they intended to interfere with people's freedom to agree the terms of their contracts.
Well, they might not accept it, but I sure hope they are willing to put their lack of acceptance in the hands of a judge!
As for their interpretation of the Regs 99, priceless!
I requested £900.00 back from Abbey (Cahoot Credit Card). They refused so I have submitted a 'Summary Cause Summons' (Scottish law if over £750) to reclaim this amount.
I requested £900.00 back from Abbey (Cahoot Credit Card). They refused so I have submitted a 'Summary Cause Summons' (Scottish law if over £750) to reclaim this amount.
Will keep you posted on the outcome.
Great - but you have hijacked another thread. PLease could you start your own thread in Other Institutions. A separate Cahoot forum will be started soon.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.
Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
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I submitted a Summary Cause Summons to reclaim cash back from Cahoot, but its been returned as I have not corrected named who I am raising the claim against.
Can anyone help with who I should name and the address for court action?
No I looked on the back of some Cahoot correspondence and found the actual Prudential head office address in London, so have raised an action in sheriff court using this address as the defender.
Would like to hear from others who have been successful with Cahoot though to check this is correct.