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.
After sending my Prelim letter to Cahoot two weeks ago I got the standard response so today e-mailed them my lba, giving them 28 days to respond (I'm going away over Xmas).
Anyways, I got a second e-mail back pretty much immediately saying the following:
Dear Anonymouse,
Thank you for your email dated 6th December 2006.
I can confirm that cahoot's position remains unchanged from my email dated 6th December and we are unable to consider the refund that you have requested.
if you wish to continue with 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
Should you choose to seek legal redress, neither cahoot nor Abbey, will be held responsible for the fees you incur.
If you have any further queries or wish to discuss anything in greater depth, please do not hesitate to contact me.
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 at <http://www.cahoot.com/legal/legal.html#importantInfo> legal T&Ts . The complaints policy also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.
Yours sincerely,
Andrew Starling,
cahoot, Service Relationship Manager
I presume I can ignore their "Stage 2 Complaints Team" and now go on to the next stage? And am I right in thinking they've just waived their 28 days notice and I can file an MCOL today?
And finally... Should I mail Mr Starling once I file the MCOL with all the details?
Up to you really - I personally waited the whole 14 days after the lba so that when I go to court I can tell the judge that before bringing action I had given them 28 days to try and sort it out. Frustrating playing the waiting game I know (because they won't pay out) - which is why not everybody does wait.
Actually, thinking about it, is there a letter template anywhere I can use to send Cahoot a letter saying "Send me the money before I get the bailiffs in" ?
I wouldnt send the baliffs in just yet, they are going to request a set aside do you know who their legal team are? a quick look on this forum should tell you, when you find it ring them and just say what your name is and that you are ringing about case ref XXXXX and see what they say, they my admit that they forgot to file a defence and ask if you would be prepared to consent to a set aside and as much as it is a pain in the backside, the judge will allow it.
If they offer settlement then wooo hooooo
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
Mailed customer services and said "Oi! Give me my money!".
Well not quite, but something like that. Anyways, this got forwarded to the legal team, and I got a mail from Inga stating that they had no details of my case and could I mail the claim and judgement to her.
Did this, chased a couple of times and was told a cheque was in the post. Got home last night and there was a cheque for the full amount waiting on the doorstep. Well impressed Will donate once it clears!
Anonymouse vs Cahoot
, giving them 28 days to respond (I'm going away over Xmas).
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