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.
Read through the treads - see Lou Lou Bell, Abby, Willybobs & others - you'll win but prepare to go all the way. Also check the Abbey forum as it's exactly the same solicitors, process etc
I refer to your letter dated 29th January 2007 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 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 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.
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 within Abbey at http://www.cahoot.com/legal/legal.html#importantInfo under the heading 'Complaints policy'. The complaints policy also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.
Difficult..... as Cahoot is Abbey this might put their nose out of joint. And also, each claim is mutually exclusive, so the fact that you have won on one claim doesn't have anything to do wth the other ....YET....however, I would then reconsider if it got to court. If a judge sees that they have paid you before, then he may well decide that they it would be inconsistent if they didn't pay you again.
On the other hand, if Abbey sees they have already paid you, they might decide that a court would probvably rule in your favour on the premise that if they can agree to one, why should they turn down another?
So really, I have been no help at all someone cleverer than me will come along soon and help you out!
Think it depends on the claims - if they are substantively the same type of claim, then possibly a paragraph in lba on the lines of
"as you will see, this claim embodies the same principles as my previous claim with you(RefXXX), which I recovered in full. I therefore see no arguable reason as to why this current claim should not be treated in the same manner"
Sent the lba with the line mentioning that I had already won against Abbey.
As you will see, this claim embodies the same principles as my previous claim with Abbey (Murphy/ICK), Court Case No 6MK03624 , dealt with by Inga Kirkman which I recovered in full. I therefore see no arguable reason as to why this current claim should not be treated in the same manner
Heard nothing from Cahoot, to be honest had some major life probs to sort out and forgot about it. Am resending the lba today and getting back on track.
Teebum vs Carboot
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