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.
Hi all,
I am pretty slow at jumping on the bandwagon for claiming but better late than never!
Both my husband and I have current accounts with Cahoot, I also have a credit card. We are just interested in the current accounts for now. We are both stuck in that vicious circle of the over the overdraft fee bumping us further over and we just can't get out of it every month. This month also I've been charged £50 for a returned DD??
I have a few questions though. What are the chances of Cahoot closing the account if we did win the claim? We both have bad credit and don't really want to change banks. Also, I'm not working currently since having my daughter so all that goes into my account is my child benefit...would that make a difference? Also, I've spend the last 2 evenings going through this site and it all looks complicated with abbriviations I'm not sure of! Is there someone out there kind enough to give us a simple step by step guide on what to do with links to relevant letters/spreadsheets needed?
Any help would be greatly appriciated!
My husband asked for a copy of his statments since being with them via the website and below is the response he recieved. Now I know that they legally cannot charge £5 for EACH monthly statment you request. He has been with them for 3 years. Has anyone got a good response letter to email them or know where I can get one from? Also, would it be better just to send the £10 off insead of dealing with them online? We would like to put in the letter that we know for a fact that they cannot charge that kind of money!
lisagav69
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'.
Hi, read both of your posts. First of all there are no shortcuts that can be taken and you do need to follow all the steps properly.
Providing duplicate statements from their website is a service they can charge for. £5 is steep but practically speaking you're not going to get anywhere arguing about it with them.
This is why you are better off sending the £10 and the SAR. They are legally bound to reply to that with the information although it can take up to 40 days.
Once you've got that you need to compile a list of the charges that have been taken from your account, then you write them a preliminary letter (the prelim) asking for the money back.
They'll try to fob you off so you write the second letter (LBA or letter before action). This might or might not result in an offer although if it does it won't be for the full amount.
After that you then make a court claim. The online version is known as Moneyclaim Online, abbreviated to MCOL. If you want to go to your local court you use a form known as an N1. The details to put on the form are known as the particulars of claim, often abbreviated to POC. There are templates on this site.
After you've filed your claim with the court it is then served on the bank (the court does this for you). They have 2 weeks to acknowledge receipt. They then have effectively two more weeks to submit a defence or to cough up, so 4 weeks from service of claim to you knowing if they'll defend or not.
After they defend (most banks do, not sure about Cahoot) you'll be sent a form to fill in by the court known as an Allocation Questionnaire (or aq for short). This lets the court decide whether your claim is a small claims track (aka small claims court) case or not.
After that you get a trial date and it's 99.999+% certain that you'll get a full offer before your trial date.