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Cahoot Bank has responded question before LBA


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Hi,

 

Just like to thank everyone on here for the great information, I've had a good read through the FAQ section.

 

I have two specific questions. I've sent off my prelim letter and I've got a swift response from Cahoot they say their charges are not excessive and I agreed (as we know they would)

 

1. The LBA template says that you have not responded (which they have) is there a wording where I can say they have failed to provide evidence of this or do i still leave it to say I'm shocked they haven't responded?

 

2. They have responded quicker than 14days - do I have to wait until 14days is up before sending LBA or I can I send back straight away?

 

Many Thanks for the help,

Jon

 

Repsonse below:

 

I refer to your letter dated 18th September 2006 regarding your cahoot current account. I have taken ownership of your particular case in order to provide a response to the issues you have raised.

We do not accept that the cases that you mention apply in this situation or that cahoot's charges are unfair 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 is well known that banks make charges and cahoot's charges are in line with those of other banks. The terms and conditions 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 conditions and the charges when you opened the account. You were not under any obligation to do so and could have gone to another bank if you did not agree to the charges. Equally, you are free to move your account to another bank at any time if you do not agree with the charges.

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

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

If you need anything further please do not hesitate to contact me.

Yours sincerely

Lee Loftus

cahoot Service Relationship Manager

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do I need to mention that they have failed to provide me with a breakdown of their costs as requested?

 

As per this question in the prelim letter?

 

". If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs"

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Having gone through similar rubbish with Intelligent Finance, I realised that it dosen't matter what you say or how much you ask them to justify the charges - they will still defend them with a lold of meaningless waffle, as you have had from Cahoot, but without actually aswering your questions.

 

I've asked them to show me evidence that they genuinely compensate for loss - nothing! I've drawn to their attention the specific legal issues relating to illegality of penalty clauses, the prohibition on requiring a consumer being required to indemnify another under Sec.4 UCTA 1977, etc - still nowt. All you get is a standard form letter, which I know others have had as well. I could have written a couple of pages about my vegetable patch, signed it Mickey F Mouse and as long as it said "Re; Unlawful charges" at the top I would have got the same standard resaponse. They don't bother reading them.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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thank - I will just put failed to respond positively.

 

I had an e-mail from a person taking on my case - should I address the LBA to him or just dear Sir/Madam?

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