Cahoot and Consumer Credit Act

[[JayZ]]

Looks like im in the same boat...

 

http://www.consumeractiongroup.co.uk/forum/cahoot/198456-jayz-cahoot-cca.html

 

Mines a Cahoot Credit Card CCA and they all look very similar if not the same.

 

My debt was passed to a DCA so im disputing it with them now.

 

Watching this thread with interest...

[hopkinson]

Really sorry to disappoint everyone but have now heard back from the FO and they have supported Cahoot. They say that we were kept informed regularly of the hikes in interest and could have paid up at any time. Very bad news

[citocoms]

Typical FO ignoring the fact that we are trapped and cannot pay up, just as Cahoot know only too well. FO should consider it an Unfair Contract, but they are in the hands of the Financial Institutions, their paymasters and no doubt hosts at many big events.

 

Whole damn system waited against the powerless consumer. Take Financial Agreements we are meant to read and UNDERSTAND all that garbage and can even now be mislead on APR and Interest Rates, yet Agreement is enforceable by a court (post 1 Jan 2007). It is a disgrace and exploitation of consumers.

[keith4444]

Thats terrible news Hopkinson, thanks for updating the thread though.

 

Does this mean its no way out for us Cahoot customers?

 

The "could have paid up at anytime" bit makes me laugh, so we get 30 days notice of interest rate hikes and we are supposed to find the entire balance to clear the loan?

[hopkinson]

have asked for legal opinion on the agreement. In their opinion: Under paragraph titled Variations it is considered that this wording is ambiguous and unreasonable. It refers to paragraph 8 of the T&C and on the T&C sent to me that para is about care of cards etc and has no relevance therefore to that paragraph and this would make the agreement unenforceable. He also thinks that the para confirming "APR is calculated on an assumed credit limit of £100" is ambiguous as the credit limit is clearly more than that. He also wants to know if Cahoot can confirm they have a copy of the original agreement. Need to think about this all some more and would be grateful of anyone's input

[keith4444]

Hi Hopkinson,

 

I'm very glad that your still fighting this one! May i ask who is checking this out for you? PM me if you prefer. I had a company check out the agreement and they came back saying in there opinion it was enforceable Of course i do not know what elements in particular they were looking for, I know that due to these loans being "flexible" its not easy for someone to say whether it is enforceable or not as its neither a typical loan or a credit card but a mixture of both!

 

I have all my fingers crossed for us all!

 

Please please keep us updated!

[hopkinson]

I work in a Law department in a University. I have sought the advice of one of the tutors who teaches Contract law and Sale of Goods. He gave me the opinion. He also confirmed that it is often up to a judge on the day

[[JayZ]]

Interesting hopkinson.

I will check my CCA once more but i still dont have a copy of the T&C's.

[citocoms]

;2223810']Interesting hopkinson.

I will check my CCA once more but i still dont have a copy of the T&C's.

 

JayZ you can get a copy of the current T&Cs online at Cahoot; go to home page and scroll down to the very bottom, along the bottom you will see legal info (thats T&Cs) click on it to get the T&Cs.

 

I suspect they are updated to ensure compliance with CCA 1974 by now. I have a much earlier version.

[citocoms]

Thanks useful post and information.

 

I have the original T&Cs as at Nov. 2001. I will pm you. The Variation clause is 13 in the current T&Cs you can obtain online at Legal Info.(Bottom of Home Page)

 

 

have asked for legal opinion on the agreement. In their opinion: Under paragraph titled Variations it is considered that this wording is ambiguous and unreasonable. It refers to paragraph 8 of the T&C and on the T&C sent to me that para is about care of cards etc and has no relevance therefore to that paragraph and this would make the agreement unenforceable. He also thinks that the para confirming "APR is calculated on an assumed credit limit of £100" is ambiguous as the credit limit is clearly more than that. He also wants to know if Cahoot can confirm they have a copy of the original agreement. Need to think about this all some more and would be grateful of anyone's input

[keith4444]

I'm still awaiting a response to my SAR request from Cahoot, been over 40 days now too:roll:

[mccarthybaby]

Just starting on the process so will keep an eye on this thread.

 

Thanks

 

Leah

[king123]

I'm just about at the FSO stage now, having exhausted the Abbey complaints process re unreasonable hikes in interest rate. Very sorry to hear of your outcome hopkinson! If anyone else has any updates please do post as I need to decide whether to go to the FSO or not and how to present my arguments

[citocoms]

Got result back, 'enforceable by court order' but not 'unenforceable' (i.e. not proscribed terms).

 

Sorry to disappoint folks.

[[JayZ]]

Many thanks for confirming citocoms.

Looks like i will have to obey mine.

[texanbar]

Thanks very much citocoms and hopkinson and everyone else on this thread. Disappointing news for us Cahooters, but guess we win some and lose some

 

x:)x