Thread: Dinghy v cahoot 6QZ24969

Originally Posted by cahoot

Dear Dinghy,
Thank you for contacting cahoot.
To order a duplicate statement log onto your homepage, select your account then:
- Click on 'account manager'
- Duplicate paper statement'
They'll then be with you within a week. You'll be charged £5 for each monthly statement you've asked for.
Don't forget you can view and print your statements for the last 12 months. To view these log onto your personal homepage select your account and click on 'statement'.
If you require any further assistance please do not hesitate to contact us again.
Kind regards,
Stephen Shaw,
cahoot

Originally Posted by dinghy

Many thanks for your swift response. I must apologise, since perhaps I was not clear enough in my request. I require details of all transactions, charges allocated to my account in particular, under the Data Protection Act which provides that the maximum charge which can be levied is £10. If I request statements as you have detailed below this will cost me £360 !
As I pointed out in my original request this information is covered by the said act, and perhaps, I may respectfully draw your attention to the case of Durant v FSA 2003, in which the judge ruled that bank statement information is indeed personal information and is indeed thus covered.
If you feel unable to acquiesce to this request I shall have no option but to seek the opinion of the Information Commisioner.
Could I request that you deduct £10 from my account and forward the details as requested from April 2000 to date.

Many thanks for all your help and assistance in this matter.

Regards,

Dinghy

Originally Posted by cahoot

Dear Dinghy,
Thank you for contacting cahoot.
I can confirm that as a gesture of goodwill we will half the cost of your request for duplicate statements. Bringing the overall charge down to £180.
As you can see from the rates and fees section of our website our statement charges are available for you to view at any time. We also provide our customers with the opportunity to print statements over a period of 12 months.
If you require any further assistance please do not hesitate to contact us again.
Kind regards,
Emily Dowling,
cahoot

Originally Posted by dinghy

I apologise once again. Perhaps I was still not clear enough. The Data Protection Act mandates that you must provide the required information for a maximum charge of £10 to cover costs. Durant v FSA demonstrates that the information that I require from you is covered by said act. It is a LEGAL requirement that if I request such information you MUST provide it a cost of no greater than £10 within 40 days of said request. I am not requesting this information in line with any contractual agreement between myself and your company but under a statutory requirement that you MUST comply with. The rates and fees that are mandated in our contract are entirely irrelevant to this request I am not requesting statements per se, only the information that you may wish to provide in a statement form.
Please deduct £10 (not £360 or even £180) if required from my account and forward this information forthwith.
Many thanks for your prompt, if misguided, responses thus far.
Regards
Dinghy

Originally Posted by cahoot

Dear Dinghy
Thank you for contacting cahoot.
Please be assured that I have taken full ownership of your concerns and will contact you very shortly with a resolution.
If you require any further assistance please do not hesitate to contact us again.
Kind regards,
Lee Berdauskas
Team Co-ordinator,
cahoot

Originally Posted by cahoot

Dear Dinghy
Please accept my sincere apologies for the previous email responses that you have received.
The information that you require is as follows...
All charges applied were for exceeding your agreed credit limit:
04/12/02 £25
04/02/03 £25
04/03/03 £25
04/05/03 £25
04/11/05 £25
04/12/05 £25
Total - £150
I hope this information helps you. Please note that there will be no charge for providing details of the above charges.
If you require any further assistance please do not hesitate to contact us.
Kind Regards
Lee Berdauskas
Team Co-ordinator, cahoot

Originally Posted by dinghy

Many thanks Lee for your help in this matter. You have demonstrated that you are a true attribute to your company.
My request for this information is due to recent media coverage on bank charges I am now aware that you, (Cahoot)have been charging me, charges, that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.
I believe that your charges are disproportionately high. Therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.
Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund my account at a total of £ 150. I hereby give you 14 days to refund the charges back on to my account. If this is not done within 14 days, I may be forced to take legal action.
Thanks for your help thus far and I hope that we can clear this up equally amicably and swiftly.
Regards

Originally Posted by cahoot

Dear Dinghy,
Thank you for your reply.
We do not accept that the cases that you mention apply in this situation or 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.
Therefore, I will not be refunding any charges to your cahoot credit card account.
If you require any further assistance please do not hesitate to contact me.
Your sincerely
Lee Berdauskas
Team Co-ordinator, cahoot

Originally Posted by dinghy

Mr Berdauskas,
Once again many thanks for your prompt response. Your swift replies have made this a pleasure to resolve thus far and I hope that this may continue.
I'm sorry that you feel unable to acquiesce in this matter but perhaps if you could revisit this, perhaps with the advice of your legal advisors, it would avoid the need to pursue this in the small claims court as I firmly believe that the law is clearly in my favour in this matter.
As stated in my previous email of today (18/04/2006 13:03) if these have not been refunded within 14 days I shall have no option to begin proceedings.
Many thanks for your help
Regards

Originally Posted by cahoot

Dear Mr Dinghy
Thank you for contacting cahoot.
Further to my previous email response, I am writing to reiterate that we will not be reimbursing the relevant charges to your cahoot credit card account.
I am sorry for any disappointment that this may cause you.
If you require any further assistance please do not hesitate to contact us again.
Kind regards,
Lee Berdauskas
Team Co-ordinator,
cahoot

I took that as saying that there was no need for me to wait the 14 days... Hope this doesn't prejudice anything !

This is fantastic, good luck with the case. Will be doing mine soon.

Just applied for judgement by default...

Anyone know what happens from here ?

Judgement issued... Guess this means I've won

Any ideas on how to get the money now ?

Sorry all... shoulda kept this a little more up to date...

Sent this email to cahoot on Saturday (13th)...

Originally Posted by dinghy @ 14:47

I have now received judgement in the sum of £207.10 due to your non-response in case 6QZ24969 (Dinghy v Cahoot) at Northampton county court.
Please could you let me know how you intend to recompense me. If this is not resolved to my satisfaction within 7 days of judgement being granted (ie by 19 May 2006) I will be left with no option but to instruct bailiffs at your cost.
Many thanks


Dinghy

which they were awfully quick to respond...

Originally Posted by cahoot @ 15:18

Dear Dinghy,
Thank you for contacting cahoot in Coventry.
In response to your email, I have passed on your information through to Mr. Berdauskas to have a look at and deal with.
Kind Regards,
Diana Rwaburindore

Did kinda hope that Lee might have come back to me by now...


Looks like I might have to rely on the bailiffs...

Gave up waiting for cahoot to contact me... Phoned them myself being the last day of 7 days notice before sending the bailiffs in... £207.10 will be hitting my account this afternoon... (Not a huge amount but it's the principle that matters!)



(donation made & survey updated. Or at least will be as soon as finished typing this message !)

Small update on this... Got letter through from Abbey today...

Originally Posted by Abbey solicitor Alan Squire

Date 23 May 2006
Dear Dinghy,

bla bla bla

Abbey has no record of ever having received the Claim Form from the Court. Because of this, our normal procedure would be to apply to the Court to have the judgement cancelled so that a full defence can be filed.

However, in view of the amount that you are claiming and the legal costs that Abbey would incur in arranging defence and representation at the Court, the decision has been made that on this occasion, and in this case your claim will be settled. However, this is on a "without prejudice" basis and is entirely without any admission of liability.

I have therefore arranged for the sum of £207.10 (the sum for which you have obtained judgement) to be paid into your account in Full and final settlement of your claim.

I should be grateful if you would inform the Court that this matter has now been resolved.

Yours sincerely,

Alan Squires
Solicitor

Firstly - quite amusing... "I have arranged" on 23 May... Funny was in my account on 19th !
Secondly - Is there anything that I need to do on MCOL ? Judgement has (obviously) been granted but I've not requested a warrant to be issued and can't see anything on there to say "It's ok now it's been resolved..."