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

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  1. #1
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    Default Nici vs Cahoot & EX

    Ex left me in an awful position nearly two years ago, with thousands of pounds worth of debts, which I admit I had stupidly taken out in my name, but I did not spend. Anyway.. I have a joint account with him still, because the account cannot be closed until the £1000 OD is paid off... so I am going to ask them for all of the charges back, and pay off the account, and should have money left to pay off other debts with them too.. I have worked out that in the last year alone, on two current accounts and one credit card, I have paid £445 in charges.. should have been more.. but I asked for a couple to be refunded, as they were silly...
    I will take cahoot first and them Barclaysicon, citi, ge capital, Natwesticon etc... I have been charged so many times.... and just accepted it... Any advice would be appreciated.. I have started by sending them a polite email asking cahrges since the account opened - 2002 i think... will see what they say.. from reading the posts, they may be difficult, but I don't mind.. so long as there is a light at the end of the tunnel... This could actual clear at least a auter of the debt I have now - that would be nice!!!

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  2. #2
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    Default Re: Nici vs Cahoot & EX

    Quote Originally Posted by Chimera
    Ex left me in an awful position nearly two years ago, with thousands of pounds worth of debts, which I admit I had stupidly taken out in my name, but I did not spend. Anyway.. I have a joint account with him still, because the account cannot be closed until the £1000 OD is paid off... so I am going to ask them for all of the charges back, and pay off the account, and should have money left to pay off other debts with them too.. I have worked out that in the last year alone, on two current accounts and one credit card, I have paid £445 in charges.. should have been more.. but I asked for a couple to be refunded, as they were silly...
    I will take cahoot first and them Barclaysicon, citi, ge capital, Natwesticon etc... I have been charged so many times.... and just accepted it... Any advice would be appreciated.. I have started by sending them a polite email asking cahrges since the account opened - 2002 i think... will see what they say.. from reading the posts, they may be difficult, but I don't mind.. so long as there is a light at the end of the tunnel... This could actual clear at least a auter of the debt I have now - that would be nice!!!
    Welcome to the site...

    Best advice that can give is to have a good read around the site... The FAQ's in particular. Get a good feel for the arguments.

    If you have any questions after that... post them up and I'm sure someone will help you out as much as they can...

    Keep us posted as to how you're getting on.

    If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.

    DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.c o.uk/forum/showthread.php?p=52854

    As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.
    Seek advice of a qualified, insured, professional if you have any doubts.

  3. #3
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    Default Re: Nici vs Cahoot & EX

    Got an e-mail from them today:

    Dear Ms. Chapman,
    Thank you for contacting cahoot in Coventry.
    The information you require will be sent out to you very shortly.
    Please allow up to 7 days for this information to be received.
    Kind Regards,
    Stephen Shaw
    Who would you rather be in cahoots with?


    Interesting, they seem to be very forthcoming.. let's hope they are true to their word.. I have found with cahoot, as with a lot of place that it entirely depends on the person dealing with your enquiry, some are useless, some are negative, and SOME are excellent.. we'll see..



  4. #4
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    Default Re: Nici vs Cahoot & EX

    Got the list of my charges the other day about 2k over three accounts!!! Do I deal with each account sperately??? or all together??? Help???


  5. #5
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    Default Re: Nici vs Cahoot & EX

    oh.. and do I send the break down with the interesticon? with the prelim letter??? I am getting confused!!


  6. #6
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    Default Re: Nici vs Cahoot & EX

    so three accounts seperately??? or not?


  7. #7
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    Default Re: Nici vs Cahoot & EX

    As it's only £2k I can see no reason for splitting it...

    As to the interesticon... IMHO... They should know what charges have been levied... Think they should be getting the idea by now ! However, I would probably send the Breakdownicon... But it all depends on how helpful you want to be them and how quick you want resolution... (It's possible they may play ball if you are nice to them...)

    If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.

    DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.c o.uk/forum/showthread.php?p=52854

    As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.
    Seek advice of a qualified, insured, professional if you have any doubts.

  8. #8
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    Default Re: Nici vs Cahoot & EX

    Ooops.. too late.. have split the three up, but sent e-mails of 5 mins apart.. Have atttached a copy of the Breakdownicon with it as well.. lets see what happens now...


  9. #9
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    Default Re: Nici vs Cahoot & EX

    Quote Originally Posted by Chimera
    Ooops.. too late.. have split the three up, but sent e-mails of 5 mins apart.. Have atttached a copy of the Breakdownicon with it as well.. lets see what happens now...
    Can't hurt !

    If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.

    DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.c o.uk/forum/showthread.php?p=52854

    As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.
    Seek advice of a qualified, insured, professional if you have any doubts.

  10. #10
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    Default Re: Nici vs Cahoot & EX

    Sent E-mail yesterday - got this response today!

    Dear

    Thank you for contacting cahoot in Coventry.

    We don't accept that cahoot's charges are unfair or unlawful 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's well known that banks make charges and cahoot's charges are in line with those of other banks. As you've stated in your letter, the terms and conditionsicon 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 conditionsicon and the charges when you opened the account. You weren't under any obligation to do so and could have gone to another bank if you didn't agree to the charges. Equally, you're free to move your account to another bank at any time if you don't agree with the charges.

    In any event, we don't agree that the charges are disproportionate. The charges are reasonable and proportionate to the administrative costs incurred by cahoot.

    I'm therefore unable to refund the charges you've incurred fully appreciating the disappointment this may cause.

    If you need anything further please don't hesitate to contact me.


    What to do next.. do I still have to wait the 14 days?? or do I send an e-mail back today


  11. #11
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    Default Re: Nici vs Cahoot & EX

    IMO with the prelim letter it is worth waiting the 14 days to give them a chance to digest and perhaps (not bloody likely) change their minds... That way you can demonstrate that you have been entirely reasonable in your requests of them...

    However, another letter letting them know that you do not accept this response and reminding them of your request for a satisfactory response within 14 days of sending (/recieving) original letter...

    If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.

    DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.c o.uk/forum/showthread.php?p=52854

    As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.
    Seek advice of a qualified, insured, professional if you have any doubts.

  12. #12
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    Default Re: Nici vs Cahoot & EX

    sent them an e-mail asking them to reconsider... and reminding them of my intentions... but still waiting to hear back from them.. got an e-mail saying my e-mail had been forwarded to person who was dealing with my equiry. May send them an e-mail tomorrow.. give them a reminder.. and they have just charged me £25 for a returned direct debiticon - just makes me more detirmined to get my money back...


  13. #13
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    Default Re: Nici vs Cahoot & EX

    so.. I sent them the letter before actionicon... and it was their last day to reply today... i Gotear xxxxxxxxxxx Thanks for your email. As already advised, these charges are valid in line with the terms and conditionsicon of the account. If, as stated in your letter, you wish to take this matter further then please send all documentation marked for my attention to: Service Relationship TeamcahootFriars HousePo Box 1981Coventry CV1 2ZA If you require any further assistance then please do not hesitate to contact me. Yours sincerelyCraig Cathcart Service Relationship Manager, cahootSo tonight - I shall be filling in my form and getting my money back... How long does it usually take form this point forward? and do I add the back charges they have charged me in the last 14 days?


  14. #14
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    Default URgent Help Needed

    I am ready to file my claim with cahoot.. Just a bit stuck on what to put in the particulars of claim.. I have copied and changed the bit from the library, but am still confused... Can anyone help.. They owe me:

    They owe me £2655.5 in Total!!! (including the interesticon) For both my current accounts and my credit card. Want to get the particulars exactly right because I am having to borrow the £120, to pay for it....

    Can someone please help???
    Panicing.. and want to get it done tonight!!


  15. #15
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    Smile Re: Nici vs Cahoot & EX

    Firstly, DON'T PANIC!

    The hardest part of filling in the online claim is getting the word count below the limit and within the 24 lines.

    Here is what I put:

    I have a contract with the defendant bank
    dated XXXX conducted on their
    standard terms. I'm claiming the return of
    money taken by the defendant in the way of
    charges over the last 6 yearsicon plus interesticon
    they have levied on those charges. The
    bank's charges are a disproportionate
    penalty and therefore unenforceable as they
    are contrary to common law. Further, as a
    disproportionate penalty they are invalid
    under the Unfair (Contracts) Terms Act 1977
    s.4 and under the Unfair Terms in Consumer
    Contracts Regulations 1999. Para.8 and sch.2
    (1)(e). In the event that the charges are
    not a penalty then they are unreasonable
    within the meaning of the Supply of Goods
    and Services Act 1982 s.15. I have asked
    the bank to justify their charges but they
    decline to. I also claim interest under
    section 69 of the County Courts Act 1984 at
    the rate of 8% a year from XXXX to
    XXXX of £XXXX also interest at the
    same rate up to the date of judgment or
    earlier payment at a daily rate of £XXXX.
    Replace the XXXX with an appropriate date or an amount and use Vampiress' Excel spreadsheet (from the library) to calculate the appropriate interest.


  16. #16
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    Default Re: Nici vs Cahoot & EX

    Good luck - I start my claim against Cahoot on Monday. I will watch your thread to see how it goes.

    First Direct - £2791.84 received in full and final settlement.
    Cahoot - Agreed to settle for full amount of £2024
    Abbey National - AQ questionnaire returned and 50% offered
    Lloyds Bank - AQ questionnaire returned

  17. #17
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    Default Re: Nici vs Cahoot & EX

    THanks... Didn't put the bit about the xtra interesticon as I have used the basic speadsheet, unless anyone can tell me what the interst would be per day.. On

    2655.90 plus £245.91 interest.. plus £120 court fees?

    Is it under the Human rights act?
    I do not know the date I started banking with them, is this important?

    Getting very confused.. I suppose it will be easier the next money grabber I claim money back from.


  18. #18
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    Default 6qz44475

    Ok.. panic over.. have done it now... searched the site for human rights act.. and have put my claim in... Totaling 2655.91... with £120 costs... fingers crossed...


  19. #19
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    Default Re: Nici vs Cahoot & EX

    Oh god.. I am panicing now...

    I have read through the site... but have now been reading more.. and am getting very confused about the 8% interesticon. I sent letters asking for the charges plus the interest on these charhes at 8%. But it says on some threads that you do not ask for the interest till you go to court... I'm very confused... Panicing I have done it wrong..

    Are they talking about the 8% interest after the claim has been filed... - ie the interest from the claim date, as I have already claimed the interest until the claim date?

    It gives the space on the letters i have copied and pastied for both the charges and the interest - so I think I have done it right.

    Can someone please confirm this? I am a very confused bunny at mo... and am looking to get letters sorted for other institutions, so want to make sure, now, that I am doing it right...


  20. #20
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    Default Re: Nici vs Cahoot & EX

    8% added to Moneyclaim court document, not before.



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