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 Have I passed a deadline to take Cahoot to court?

    Hi I hope someone can advise me.

    I sent off the initial letter asking Cahoot for my charges of £415 to be refunded. They said no.

    I then sent off my lbaicon in October. Again, they said no.

    I have only now enough cash to take them to court. Am I too late to take them to court, as it has been 4 months since I last contacted them?

    Many Thanks

    Joanne

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  2. #2
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    Default Re: Have I passed a deadline to take Cahoot to court?

    Hi there Joanne,

    I'm no expert, but I don't see any reason why you couldn't send them another lbaicon and then take them to court after the 14 days passes.
    I wasn't in a position to make my claim immediatly after the 14 days but i was after 4 weeks (obviously not as long as you though).
    If you send them another LBA then if it does go to court and they try to use this in their defence (which I doubt they would) you have at least sent them a fresh LBA.
    They could argue that they never recieved the first letter so I would send your new one recorded delivery and at least that way you know when they recieve it.


  3. #3
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    Default Re: Have I passed a deadline to take Cahoot to court?

    Agreed send a further lbaicon, then continue to court should they not settle.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  4. #4
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    Default Re: Have I passed a deadline to take Cahoot to court?

    Sorry to contradict both of you, but I don't see why OP needs to send another letter. If anything, he left them even MORE time to settle, so has fulfilled all his obligations. They've said no twice, I don't think they're going to have a change of heart now. Sue them!!! ;-)

    Apologies to people who I was in the process of helping, I may be gone some time.

  5. #5
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    Default Re: Have I passed a deadline to take Cahoot to court?

    Booky after 8 weeks they consider the case to be closed. Another lbaicon would reopen the case?






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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    Default Re: Have I passed a deadline to take Cahoot to court?

    I agree. This way you stay squeaky clean.


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    Default Re: Have I passed a deadline to take Cahoot to court?

    They might consider the case closed. And? Who said they were calling the shots on that one?

    Your claim, your deadlines, even if you haven't followed your own, that's your outlook, it doesn't exonerate them or give them any right to close your file. I'm sorry, but with that kind of reasoning, you are still thinking like a victim.

    As far as courts proceedings and the CPR go, you are squeaky clean once the original month from first letter is past, and that's the total sum of your obligation. By sending another letter, you are giving them back the control of the timetable, never a wise move when it comes to banks.

    Apologies to people who I was in the process of helping, I may be gone some time.

  8. #8
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    Default Re: Have I passed a deadline to take Cahoot to court?

    As Book says there is absolutely no need to send a further lbaicon - the banks may consider the case "closed" after 8 weeks - so what? YOU are suing THEM


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    Default Re: Have I passed a deadline to take Cahoot to court?

    Quote Originally Posted by Bookworm View Post
    They might consider the case closed. And? Who said they were calling the shots on that one?

    Your claim, your deadlines, even if you haven't followed your own, that's your outlook, it doesn't exonerate them or give them any right to close your file. I'm sorry, but with that kind of reasoning, you are still thinking like a victim.

    As far as courts proceedings and the CPR go, you are squeaky clean once the original month from first letter is past, and that's the total sum of your obligation. By sending another letter, you are giving them back the control of the timetable, never a wise move when it comes to banks.
    Thank you ML for clarifying that for me I shall bow to your better knowledge. Livelylad dons his cap to booky.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  10. #10
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    Default Re: Have I passed a deadline to take Cahoot to court?

    :o and me.
    Like I said though in my first post - I'm no expert.

    EDIT: smileys not working properly?



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