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bobsp

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Hi all,

 

SAR sent 14/12/06

Recieved statements 11/01/07

Request for payment £591,15 11/01/07

Nothing recieved so sent LBA 05/02/07.

 

thing is I forgot to put in it another copy of the charges I am claiming (spreadsheet) does it matter, should I resend a LBA enclosing the spreadsheet, they got one sent with the request for payment sent 11/01/07.


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Oh well nothing, not a whisper, so filed MCOL this evening.


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They acknowledged it today............


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Right, got a letter saying they intend to defend, and another saying they have no information on what my claim, (from Abbey no Cahoot). I called the no on the letter, and told them they have as I sent rec delivery. The guy on the end of the phone, said the responce is a standard one, as there are files in different offices, and they are finding it hard to keep up. Not my problem, I explained, anyway I emailed the stuff over, and had a reply saying it was being looked at and they would reply in due course.

 

MCOL filed on 21/2

Acknowleged on 26/2

 

When do they have to file defense and what happens if they dont do it ontime?

 

Thanks


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They have 28 days i think to file the defense. You should have recieved a letter from the court confirming your claim has been issued to the bank. On the back of that letter, it will explain the timescales.

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Well, after a long nothing gap, the court ordered Cahoot to pay or make a representation by Sept 18th.

 

They did neither. I called the court and the seemed surprised that nothing was done. They told me to write a letter in to see what steps the jusge advises. But it can take 8 weeks to process.

 

So now Cahoot ignore the court, and I still have to wait 8 more weeks.

 

I am clearing my credit card, down to what they oew me, once paid closing this account. I need rid of them...


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OK, apparently this was stayed by the court, pending the outcome of the test case. I sent a number of letters in and explained that this had nothing to do with the test case,as it is a cr card, and now I have to fill in a N244 to have the stay removed.

 

The letter from the court basically states:

 

The claimant must apply under paragraph 2 of the order dated 14th September 2008 for:

a) Permission to apply out of time

b) Permission to remove the stay

 

They also enclose a blank N244, how do I fill this in, dont want to get it wrong.

 

Thanks

 

Bob


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Hi,

 

Can anyone help me with this please.

 

Thanks


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Ok, I have put my spreadsheet together, the formulars are in to work out the interest ect.

 

Now when I have been given something back (there are not many of these!!!) I have put a - on (the spreadsheet puts it in ()'s, do I leave the interest there IE it is taking interest off, or do I 0.00 the interest for that bit.

 

Thanks

 

Bob


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Hi,

 

I have a credit card and Bank account with these people.

 

I got the credit card in 2000, and the bank account was "given" to me, in around 2003.

 

I have requested the signed agreement for the bank account where I agree to the charges, and they keep sending me one that was signed by myself in 2000 (when I got the credit card)

 

I have called them to say they keep sending me the credit card agreement and I want the bank account forms etc, they tell me that they are the same and as I have signed for the cr card, the agreement they have sent me is for the bank account.

 

I disagree this, basically they do not have any signature from me opening a bank account, agreeing to the terms etc, as I did not open it. I only opened the credit card.

 

What can I do here?

 

Thanks

 

Bob


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you dont really have an agreement as such for a bank account, what are you trying to achieve?


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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you dont really have an agreement as such for a bank account, what are you trying to achieve?

 

I did not agree to the charges. They charge me £30 every month. The whole balance is from thir charges, its been like this month after monet. I took them to court over this and it got stayed, as did all. They are still charging me £30 a month, and say that I have agreed to their charges. I have told them that I dont, and asked (aswell as sent a CXA0 them for a copy of my agreement. They dont have one for the bank account, as there was not one, just an agreement from a credit card I opened eith them 3 years earlier.

 

How can an agreement for a credit card apply to a bank account that was opend by cahoot themselves apply three years later? Should they not have got me to sign to the terms etc for the said bank account?

 

They are threatening me now as these £30 charges have got up to over £2,000. All their doing.

 

Bob


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so send them a sar of all statements and paperwork relating to the bank account


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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I have done this years ago, and have has the agreement that I signed for the credit card three years before opening the bank account along with statements. Basically they do not have anything with me agrreing to the bank charges they have levied against my account. They are now sending me letters saying I need to pay these.... How can they if they have nothing from me even opening a bank account???

 

Bob


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Hi,

 

Filed a MCOL a few years ago against Cahoot, it was stayed, now I have received a letter from the court removing the stay and a hearing date of August 2010. Has anyone else had their bank account stay lifted, and got to court. What seems to be the outcome now a day.

 

Thanks

 

Bobsp


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Hi,

 

Anyone??? I have to send all paperwork to Cahoot by 26th July. With my old Barclays one it did not go this far, they paid up very early. I feel I will have to dig out all my old paperwork, also they have been putting £30 on a month for the last 2 years aswell as interest so around £50 a month. Can I amend the claim to include all recent charges.

 

Sorry bit out of touch with this now.

 

Any help greatly appreciated.

 

Bob


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I have an ongoing complaint with the FOS about Cahoot.

Basically they opened up a current account in 2002 as there was a “system error” not allowing me to make a withdrawal on my credit card (opened in 2000)

Now the account stands £4k in debit, all of which are charges/interest. I have been perusing Cahoot for years on this matter.

I did not open the current account, they did. I have asked for the account opening forms, agreement etc. All they send me is the agreement that I signed in 2000 for the credit card. They say the agreement still stands for the current account, even though the current account was opened over 2 years later.

They have been charging me month after month while I have been disputing this issue, aswell as the charges. £30 a go, my other bank charges £5, but not been charged for over 10 years so that could be more now)

The FOS have written to me saying they cannot help, as they have no grounds to. Opening an account without the customers agreement seems enough, aswell as ignoring customers letters/emails/calls and charging £30 a month for years possibly another…

Do the FOS do anything, they have not answered any of my questions, atall…. Just copying and pasting what they have been told by Cahoot, which is fabricated aswell. I mean even Cahoot admitted in 2007 that the account was not opened properly……

Any advice appreciated, before it goes upto £5k……:mad2:


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Think about suing Cahoot in the small claims court

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Bob,

If you want to try complaining to FOS you should follow their procedure as given in this web page. Run down to "Complaints about our service". They do like you to follow the laid down procedure

http://www.financial-ombudsman.org.uk/about/our-service-standards.htm

If you dont like the FOS response, you can ask the independent assessor, but she has no authority to investigate or comment on the merits of your actual case, just on FOS standards.

 

If you have had a formal response from an Adjudicator, you can ask for the case to be escalated to an Ombudsman but this will take months and won't get far if they say thay cant actually handle your case (!)

 

I would read the web page above and write to the Team Manager in the first place. Try to keep it short, stick to the main points, be polite and see what happens.

 

Good luck

Edited by AuntieP
added a bit

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I have had a reply from the FOS today saying that as I signed an agreement for a credit card in 2000, the same agreement is also applicable for any other accounts opened in the future...

 

REALLY!!!! Surely I would have to sogn a new agreement for a current account....

 

Cahoot's agreements had for credit cards and current ac****s on them, so a one for all agreement. But surely I would have to sogn another one to be in agreement with the account upened 2 years later, and also for a current account not a credit card...

 

I am :mad2:over all of this.. Basically Cahoot have not responded to my emails/calls/letters, apart from each one saying "we are looking into your complaint" or "your complaint has been escalated" Whenever I chased them up, they opened a brand new complaint:mad2:. In the meantime they have been slapping £30 + interest onto the account. Now £4k.....

 

I simply cant pay this, I have not used the account for 3 years, as they were not getting back to me...


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Well further to the above, I contacted Cahoot, and spoke to someone who was very helpful. He agreed that a second agreement should have been signed, and could not understand how a current account was opened without one. He then confirmed that he could see this had indeed gone on for years, and was dgoing to try and sort it out. He called back 10 minutes later to say there was nothing they could do as it is with the FOS...... Who are telling me something completely different, and are no help.

 

I have asked for a face to face meeting with the FOS and Cahoot.....

 

Lets see...


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Hello Bob

 

Did you use the current account, what are the charges actually for ?

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Hi,

 

Yes the account was used. The charges are for going overdrawn. Which have gone on month after month. I have questioned them all. I never received a response to any of them. I stopped using the account years ago now, and the DR balance is from these ridiculous monthly charges ever since.


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A face to face meeting with FOS is very very rarely permitted...don't raise your hopes. I would still follow the complaints procedure using your latest info from Cahoot to make the point that Cahoot now admit a second contract should have been signed, and the adjudicator does not understand the issues.

http://www.financial-ombudsman.org.u...-standards.htm

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