Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Josotired v Cahoot

    Ok - sent initial letter last week and got a prompt reply via email of all charges over last 6 yearsicon.. nearly 400 pounds. Have sent the preliminary approach letter - just wanted to know were I could find the next letter to send should they refuse to pay up. Have had a good look and can't see the template

    Thanks

    Dave

    ps- got my Halifaxicon and wifes COOP accounts to look at next

    Similar Threads:

  2. #2
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    Default Re: Josotired v Cahoot

    It's the first one in the templates libraryicon.

    Alan, Derby, UK.



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  3. #3
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    Default Re: Josotired v Cahoot

    wow - that was quick...thanks


  4. #4
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    Default Re: Josotired v Cahoot

    And I know I'll drive you all mad and you'll think I'm stupid, but I have had a good read of the FAQ's.

    What does DPA mean?


  5. #5
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    Default Re: Josotired v Cahoot

    Data Protection Act.

    Alan, Derby, UK.



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  6. #6
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    Default Re: Josotired v Cahoot

    Thanks - Jeez i'm stupid!


  7. #7
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    Default Re: Josotired v Cahoot

    Ok - got this reply...

    Thank you for your letter dated 17th April regarding your cahoot current account.

    We don't accept that cahoot's charges are unfair or unlawful 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's well known that banks make charges and cahoot's charges are in line with those of other banks. As you've stated in your letter, 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 weren't under any obligation to do so and could have gone to another bank if you didn't agree to the charges. Equally, you're free to move your account to another bank at any time if you don't agree with the charges.

    In any event, we don't agree that the charges are disproportionate. The charges are reasonable and proportionate to the administrative costs incurred by cahoot.

    I'm therefore unable to refund the charges you've incurred fully appreciating the disappointment this may cause.

    If you need anything further please don't hesitate to contact me.

    Yours sincerely,

    David Freeman,
    cahoot, Service Relationship Manager


    What now??


  8. #8
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    Default Re: Josotired v Cahoot

    Standard reply - just stick to your timetable.

    Alan, Derby, UK.



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    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

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  9. #9
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    Default Re: Josotired v Cahoot

    this is the last one i sent after i recieved the charges

    Letter - Preliminary approach for repayment.

    is is this one now

    letter before actionicon - Consumer version -asking for it back

    is it me or is the library a little confusing :o


  10. #10
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    Default Re: Josotired v Cahoot

    Help - please can someone tell me which letter to send next - I know I need to give them 14 days but I'm not sure how to legally word it!

    Thanks in advance!!


  11. #11
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    Default Re: Josotired v Cahoot

    The next one is the letter before actionicon which you quoted above.

    Alan, Derby, UK.



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    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

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  12. #12
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    Default Re: Josotired v Cahoot

    many thanks Alan


  13. #13
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    Default Re: Josotired v Cahoot

    ok just sent this letter - fingers crossed

    letter before action - Consumer version -asking for it back


  14. #14
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    Wink Re: Josotired v Cahoot

    Don't back down... they will!


  15. #15
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    Default Re: Josotired v Cahoot

    great news - got this reply



    Thank you for your recent e-mail and letter.

    I would like to reiterate that we don't accept that cahoot's charges are unfair or unlawful and we don't agree that the charges are disproportionate. The charges are reasonable and proportionate to the administrative costs incurred by cahoot.

    Having reviewed your case sympathetically I would like to offer to refund £200 of the charges incurred as a genuine gesture of goodwillicon. I can assure you that this is my final offer in relation to this matter.

    If you do not wish to accept this and want to escalate your complaint you will now be required to write to the Manager, Regulated and Final Stage Complaints. This department is an autonomous body within Abbeyicon 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 Ombudsmanicon at the address below.

    South Quay Plaza
    183 Marsh Wall
    London
    E14 9SR

    If you have any further queries or wish to discuss anything in greater depth, please do not hesitate to contact me via e-mail at: service.relationship.team @cahoot.com.

    Yours sincerely,

    David Freeman,
    cahoot, Service Relationship Manager.
    So I'm just a little confused as always - do I accept the offer and press on for the rest, or do I contact the above address or do i go and make a claim to go to court??? AAARRGHHH



  16. #16
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    Default Re: Josotired v Cahoot

    Quote Originally Posted by Josotired

    So I'm just a little confused as always - do I accept the offer and press on for the rest, or do I contact the above address or do i go and make a claim to go to court??? AAARRGHHH
    Some would advise to wait out your timeframe before applying to the courts.

    IMHO they have stated that as their final offer so you could apply to the court now...

    It is also a possibility that you could accept the £200 and still claim the rest through the court, however you need to be careful how you word your acceptance.

    In the interests of balance I should also point out you could accept the £200 and leave it at that but I don't suppose many on here would advocate that ! It all depends on your own personal circumstances.

    If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.

    DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.c o.uk/forum/showthread.php?p=52854

    As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.
    Seek advice of a qualified, insured, professional if you have any doubts.

  17. #17
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    Default Re: Josotired v Cahoot

    I've been approached by a company who are doing a documentary about bank charges. I've also got my lawyer involved and I am going for it...

    Here is my letter...

    I have been in recent correspondence with a Mr David Freeman in customer services. I explained to him that I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debiticon refusals, exceeding overdrafticon 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 £349.17 from me in fees


    David Freeman made me an initial goodwill gestureicon of £200.00 which I wholeheartedly refuse. Since it appears to be the season of goodwill, I will extend my invitation to yourself….to comply fully with full repayment within the next 7 days, before I begin a claim against you for the full amount plus interest plus my costs and without further notice.

    Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of
    5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

    I have also been approached by an ITV production company, who are making a primetime documentary about banks with extortionate bank fees. I trust this matter can be resolved quickly so I do feel the need to take this further with them as well.



    Yours Sincerely
    GGRRR I'm MAD... Its WAR !!





  18. #18
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    Default Re: Josotired v Cahoot

    Just an update if anyone is listening...just filled in the allocation questionnaireicon...Abbeyicon are offing 50% back plus all court charges, but i'm having none of it!

    btw - when it does go to court...what usually happens then?


  19. #19
    Site Team alanfromderby has disabled reputation alanfromderby's Avatar

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    Default Re: Josotired v Cahoot

    I would suggest that you send a copy of your aqicon to the solicitors dealing with the claim. That usually triggers the next stage.

    Alan, Derby, UK.



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    _________________________ _______

    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

    Advice given is purely my opinion, and is not based on any legal training.

  20. #20
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    Default Re: Josotired v Cahoot

    sorry Alan...do you mean Cahoot solicitors or my own....



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