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Everything posted by gumbodave

  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. go for it bro! looks like this Barclays company has p1ssed off more than little old Cahoot on my thread! Does this mean you can repay me for all the CDs you wrecked of mine when I was travelling? Only joshing. Good luck, and don't let the rascals win!
  5. SEND IN THE BAILIFFS! i think if they do not pay within the proscribed time period you can then apply for a Warrant of Execution to send the bailiffs to get the cash, or perhaps works of art from their head office! Some others on this forum have first hand experience of such matters, but I believe this is the gist. The court should be able to asist with procedures hopefully. Best of luck and well done!
  6. Does anyone know if there would be anything to stop someone (who is heavily indebted and basically insolvent) becoming bankrupt, then claiming for any bank charges made prior to bankruptcy?
  7. HI SMITH, In my case (hanson v cahoot), they sent in a defence, which wasn't really too scary. They then offered me half the claim in the hope that I would settle, which I rejected, saying that I would be preapred to go to court. They then capitulated, saying that the claim amount (£833 in my case) was not enough to warrant them going to court. I am not sure if they will deem your higher claim justification to turn up to court, though, from what I have read on these pages, it seems doubtful. Hang in there and see what happens. Best of luck! Dave
  8. Don't back down... they will!
  9. All done on the survey. I was just getting psyched up for a court room battle as well! Alas, it will fall on some other's shoulders to get these rascals stitched up in the courts and set that all important precedant that proves banks are indeed exploitative in their business practices and couldn't give a monkey's about consumer welfare or anything that didn't end in zeros. Hurray for Bank Action Group!
  10. 'You haven't clicked my scales though...' I have now, Dinghy! Looks like Cahoot don't fancy court afterall! Received this today: 'Mr Hanson, In view of the amount that you are claiming and the legal costs that Abbey would incur in arranging defence and representation at the Court, the decision has been made that on this occasion, and in this case, your claim will be settled. However, this is on a "without prejudice" basis and is entirely without any admission of liability. 'I have therefore arranged for the sum of £833.59 (representing the claim of £753.59 and the Court fee of £80.00) to be paid into your account today in full and final settlement of your claim. I should be grateful if you would inform the Court that this matter has now been resolved.' Hope this gives the rest of you renewed hope that they won't go the full distance. Good luck all!
  11. Keep up the good work, Whizzkid! We're all behind you and await a positive conclusion that results in humiliation for Abbey and a bit of cash for you! Good luck.
  12. p.s. Don't worry Dinghy, I really appreciate the advice, and wouldn't hold it against you or the Bank/Consumer Action Group if it all goes horribly wrong. I think this cause is too important to let the creditors get away with treading on consumers rights just so they can make a shed load of cash. The really losers are the ones who are so skint they cannot afford the internet to check this site out. I work for a debt charity and have been printing out the step by step guide and template letters and sending them to clients. Hopefully some of them can start getting some of their cash back too. That's why I would be well up for court, to try to set a precedent that all banks/credit card companies would have to stick to without everyone having to go through all this to claim back retrospectively. It would be a mild disappointment if they bottled it. We'll see.
  13. Thanks Dinghy, Wise words, and very valuable I feel. As such have responded to their defence (and their offer of half the payment) as follows: Thank you for your correspondence dated 19 April 2006. Dear [Cahoot solicitor], I have carefully considered the defence filed on behalf of Abbey National plc. and have come to the conclusion that I must reject your offer of £457.00 in full and final settlement. I have no need or desire to avoid filling in and returning the Allocation Questionnaire I have received (which I will be sending to Leeds County Court as instructed to arrive no later than 10th May 2006), and have absolutely no qualms about taking the matter to Court for a judge to decide the outcome. For your information, I will not be seeking a 1 month postponement of further action so we may have more time to reach settlement. It would be interesting, for my information, if you could provide a true indication of Abbey's administrative expenses incurred as a result of me going over my overdraft limit. I realise an organisation of Abbey's standing would have analysed such costs and would appreciate it if you could furnish me with the details. I thank you for your time and hope to here from you soon regarding the costing details. Yours sincerely, Gumbodave! Thought I might as well see if I could get in writing what they think the costs should be (though doubt they will respond with the figures). I'll see if they contact me in the next fw days and then get ready for court. Presumably if they do admit in court to their actual costs, that figure could be used in future as an estimate for other cases? The fight continues.
  14. Not sure if this has any major implications, but for your information. Consumer Credit Act 2006 On Thursday 30th March 2006 the Consumer Credit Bill gained Royal Assent and is now the Consumer Credit Act 2006. But what does this actually mean? The Consumer Credit Act is the biggest overhaul of consumer legislation since 1974. The overall aim of the Act is to protect consumers and create a fairer and more competitive credit market. In doing so it introduces changes to the licensing of consumer credit businesses and additional powers to drive rogue traders out of the market. Under the Act consumers will be entitled to: · Take complaints about lenders to the Financial Ombudsman Service. · Challenge unfair credit agreements in court. The current ‘extortionate credit’ test is replaced with a test based on ‘unfairness’. · A new ‘Alternative Dispute Resolution’ scheme is introduced. · Be entitled to receive more information about the state of their account to help identify potential problems before it is too late. Some Questions: How will the Act help consumers? Consumers will be able to exercise their rights more effectively to challenge unfair conduct by lenders. Consumers will also receive better protection through the reformed licensing system and more information about the state of their account. · Effective dispute resolution: If a consumer has complained to a consumer credit business and not received a satisfactory result, he or she will be able to make complaints to an Alternative Dispute Resolution scheme. This scheme will be run by the Financial Ombudsman Service – which already deals with certain financial services products – and will cover all consumer credit businesses. This is a quicker, cheaper and easier route than going to court. · Challenging unfairness: The new unfair credit relationships test will provide consumers with a broad right to challenge unfair credit relationships in court. The court will have the power, if it finds that a relationship between a debtor or creditor is unfair, to remedy the unfairness by reopening the agreement or even setting it aside. The new test will also deter credit businesses from operating agreements unfairly, increasing competition and therefore hopefully raise standards across the industry. · Informing consumers: Consumers will be kept informed of the status of their accounts throughout the life of their agreement. Lenders will be required to provide regular statements and information when there are problems, like going into arrears. · Better protection: The OFT’s strengthened powers under the licensing regime will serve to keep rogues out of the market. This means that consumers can have confidence that the businesses they are dealing with meet the OFT’s required standard of fitness. · Regulating all consumer credit: the Consumer Credit Act will regulate all consumer credit, unless specifically exempted. The only things that will be exempted are mortgages regulated by the Financial Services Authority under the Financial Services and Markets Act and certain transactions involving high net worth individuals. Business lending will not be regulated by the Act, except in very limited circumstances involving small transactions made by very small businesses. How much will a consumer pay to resolve a dispute through the Financial Ombudsman Service? Bringing a complaint to the Financial Ombudsman Service will be free to the consumer. If a consumer has complained to a consumer credit business and not received a satisfactory result, he or she will be able to make complaints to an Alternative Dispute Resolution scheme. Will the Bill introduce maximum limits on interest rates for consumer credit? No, the Government has decided not to introduce an interest rate ceiling on the basis of research by Policis (an independent company) on the effects of maximum limits interest rates in other countries. However, the Government will keep the decision not to introduce interest rate controls under tight review. How will the Act tackle rouge lenders? Businesses who provide credit or hire, or undertake certain credit-related activities must obtain a licence from the OFT. The Bill strengthens the OFT’s powers to keep rogues out of the market, by enabling it to look forward to check that a business is competent to undertake credit business before awarding a licence. The OFT will also have better powers to obtain information about licensees, and to impose requirements on a licensee if the OFT is dissatisfied with their conduct. If a requirement is breached OFT may also impose a financial penalty. The changes in the Bill will also mean that lenders who are behaving badly are more exposed to consumer challenge through the new alternative dispute resolution scheme and the new unfair credit relationships test. How will the Act benefit lenders? · A more flexible licensing system with licences targeted at their particular area of business; · A new indefinite licence removing the need for renewal. · Reformed appeals system, where lenders can challenge decisions of the Office of Fair Trading (OFT). Moreover, the OFT, which regulates the consumer credit industry, will also be given more effective powers to tackle issues with lenders quickly, and in proportion to the scale of the actual problem. This should enable the OFT to keep rouge traders out of the market. The Act will cover all consumer credit agreements, at any amount. So the old financial limite of £25,000 is abolished. Further Info including the full Act can be found at the DTI website: http://www.dti.gov.uk/ccp/creditbill/ Fnancial-Ombudsman: http://www.financial-ombudsman.org.uk/
  15. I have just received an offer for £475 of an £833 claim (see hanson v cahoot), so they will definitely pay half or more. They will always say they won't refund the charges initially in the vain hope that you will leave them alone... but don't believe them.
  16. Have now received a written defence from Cahoot (Abbey). Highlights include: 'The Claimant's contention that the said fees are uneforceable and/or are 'penalty charges' is denied. The fees reflect and are proortionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.' they go on to say: 'Further or in the alternative, even if the said fees are not proportionate to the Defendant's administrative expenses incurred (which is denied), the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account.' then: 'No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.' They have offered a £475 'goodwill gesture' as a full and final settlement. Any advice would be appreciated? Does anyone think they actually go to court, or should I call their bluff?
  17. They tried that with me, offering me £160 of the £800 they owe me to quiety walk away and stop hassling them. Didn't work. I'm currently awaiting their defence (or a cheque for the full amount).
  18. Hi Ollie, don't worry. They sent me all my statements without charge. I am claiming a similar amount and should be resolved by the end of this month (Hanson v Cahoot), so hopefully should give a good indication of how they will play it. Good luck!
  19. Cheers. Yeah I reckon after the OFT's press release they may well make an offer based around that £12 per charge figure. We'll see.
  20. I took a payment from Barclays for £330 before I had filed a court action and signed something that said I would not pursure the matter further. This related to charges in the last six years. If I went back further I am quite sure there would over a grand's worth of charges from my student days. Does anyone think that what I signed would stop me pursuing the other charges? I will have to look at the exact wording, but might have to have a go at the rest of the charges if it turns out to be possible. Any thoughts?
  21. "14.1 We will consider cases of financial difficulty sympathetically and positively.", and "14.2 If you find yourself in financial difficulties, you should let us know as soon as possible. We will do all we can to help you to overcome your difficulties." I know certain banks do the exact opposite, fobbing off any customers that are in financial difficults and taking advantage of them. In my work (a debt charity) a see examples on an hourly basis of how banks have exploited people with no regard for their 'difficulties', from Lloyds charing £10 a month to keep people on their Gold accounts for months or years after the accounts have been effectively frozen, to breaches of Data Protection laws and harrassment. When they say they will do all they can to help overcome difficulties, what they mean is they will do all they can to make sure they get as much money as possible out of people before they go bankrupt. The OFT seems to have at last taken some steps towards at least reducing the charges banks etc may charge, but they seem to be looking at a figure of between £12 and £15... still not really a fair reflection of the costs I am sure.
  22. Question: With Cahoot having 28 days to file a defence, do have to advise me of their defence, or would I only find out the details of that at a hearing? In one of the responses from them earlier in the dispute, their customer relations fellow told me, in writing, he thought the charges were proportionate, so hopefully that will be their (flawed) defence. Any advice welcome...
  23. Cheers for the support! I am slightly worried these dudes might take it to the courts, but if they do I will make sure it gets publicity. I work for the Consumer Credit Counselling Service, a charity that tries to help indebted consumers, and on a daily basis I see the sly ploys banks and credit companies use to impoverish people who are already in financial trouble. It's really quite disturbing. The OFT haven't seemed to act to stop unfair practices regarding mis-selling of loans and credit cards, or to stop creditors harrassing consumers, so I wouldn't hold my breath in them getting to grips with the charges any time soon...
  24. After getting all details of charges and being refused a refund of them I issued a claim form againstCahoot for £833.59. They have entered an acknowledgement of service, meaning they have 28 days in which to file a defence... that was on 31st march, so just waiting for them now. I suppose one of them is bound to turn up to court eventually, but publicity would be good to draw attention to the issue... unles I lost of course!
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