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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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dinghy

Dinghy v cahoot 6QZ24969

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Ok... Following email discussions with cahoot (I'll attach them below) I've gone for it Don't know if was a little cheeky but used my cahoot card to pay the court fees !!!!!


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DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.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.

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that really takes the p1ss ! Absolutely love it ! Well Done !

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Dear Dinghy,

Thank you for contacting cahoot.

To order a duplicate statement log onto your homepage, select your account then:

- Click on 'account manager'

- Duplicate paper statement'

They'll then be with you within a week. You'll be charged £5 for each monthly statement you've asked for.

Don't forget you can view and print your statements for the last 12 months. To view these log onto your personal homepage select your account and click on 'statement'.

If you require any further assistance please do not hesitate to contact us again.

Kind regards,

Stephen Shaw,

cahoot

 

Many thanks for your swift response. I must apologise, since perhaps I was not clear enough in my request. I require details of all transactions, charges allocated to my account in particular, under the Data Protection Act which provides that the maximum charge which can be levied is £10. If I request statements as you have detailed below this will cost me £360 !

As I pointed out in my original request this information is covered by the said act, and perhaps, I may respectfully draw your attention to the case of Durant v FSA 2003, in which the judge ruled that bank statement information is indeed personal information and is indeed thus covered.

If you feel unable to acquiesce to this request I shall have no option but to seek the opinion of the Information Commisioner.

Could I request that you deduct £10 from my account and forward the details as requested from April 2000 to date.

 

Many thanks for all your help and assistance in this matter.

 

Regards,

 

Dinghy

Dear Dinghy,

Thank you for contacting cahoot.

I can confirm that as a gesture of goodwill we will half the cost of your request for duplicate statements. Bringing the overall charge down to £180.

As you can see from the rates and fees section of our website our statement charges are available for you to view at any time. We also provide our customers with the opportunity to print statements over a period of 12 months.

If you require any further assistance please do not hesitate to contact us again.

Kind regards,

Emily Dowling,

cahoot

I apologise once again. Perhaps I was still not clear enough. The Data Protection Act mandates that you must provide the required information for a maximum charge of £10 to cover costs. Durant v FSA demonstrates that the information that I require from you is covered by said act. It is a LEGAL requirement that if I request such information you MUST provide it a cost of no greater than £10 within 40 days of said request. I am not requesting this information in line with any contractual agreement between myself and your company but under a statutory requirement that you MUST comply with. The rates and fees that are mandated in our contract are entirely irrelevant to this request I am not requesting statements per se, only the information that you may wish to provide in a statement form.

Please deduct £10 (not £360 or even £180) if required from my account and forward this information forthwith.

Many thanks for your prompt, if misguided, responses thus far.

Regards

Dinghy

Dear Dinghy

Thank you for contacting cahoot.

Please be assured that I have taken full ownership of your concerns and will contact you very shortly with a resolution.

If you require any further assistance please do not hesitate to contact us again.

Kind regards,

Lee Berdauskas

Team Co-ordinator,

cahoot

Dear Dinghy

Please accept my sincere apologies for the previous email responses that you have received.

The information that you require is as follows...

All charges applied were for exceeding your agreed credit limit:

04/12/02 £25

04/02/03 £25

04/03/03 £25

04/05/03 £25

04/11/05 £25

04/12/05 £25

Total - £150

I hope this information helps you. Please note that there will be no charge for providing details of the above charges.

If you require any further assistance please do not hesitate to contact us.

Kind Regards

Lee Berdauskas

Team Co-ordinator, cahoot

Many thanks Lee for your help in this matter. You have demonstrated that you are a true attribute to your company.

My request for this information is due to recent media coverage on bank charges I am now aware that you, (Cahoot)have been charging me, charges, that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high. Therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund my account at a total of £ 150. I hereby give you 14 days to refund the charges back on to my account. If this is not done within 14 days, I may be forced to take legal action.

Thanks for your help thus far and I hope that we can clear this up equally amicably and swiftly.

Regards

Dear Dinghy,

Thank you for your reply.

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.

Therefore, I will not be refunding any charges to your cahoot credit card account.

If you require any further assistance please do not hesitate to contact me.

Your sincerely

Lee Berdauskas

Team Co-ordinator, cahoot

Mr Berdauskas,

Once again many thanks for your prompt response. Your swift replies have made this a pleasure to resolve thus far and I hope that this may continue.

I'm sorry that you feel unable to acquiesce in this matter but perhaps if you could revisit this, perhaps with the advice of your legal advisors, it would avoid the need to pursue this in the small claims court as I firmly believe that the law is clearly in my favour in this matter.

As stated in my previous email of today (18/04/2006 13:03) if these have not been refunded within 14 days I shall have no option to begin proceedings.

Many thanks for your help

Regards

Dear Mr Dinghy

Thank you for contacting cahoot.

Further to my previous email response, I am writing to reiterate that we will not be reimbursing the relevant charges to your cahoot credit card account.

I am sorry for any disappointment that this may cause you.

If you require any further assistance please do not hesitate to contact us again.

Kind regards,

Lee Berdauskas

Team Co-ordinator,

cahoot

 

 

I took that as saying that there was no need for me to wait the 14 days... Hope this doesn't prejudice anything !


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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.

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This is fantastic, good luck with the case. Will be doing mine soon.


Cahoot DPA Sent 070406

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This is fantastic, good luck with the case. Will be doing mine soon.

 

Would have been more fantastic if they had just reimbursed my money !!! :)

 

Thanks for the support.


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DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.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.

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Just applied for judgement by default...

 

Anyone know what happens from here ?


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DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.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.

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Judgement issued... Guess this means I've won :D

 

Any ideas on how to get the money now ?

  • Confused 1

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DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.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.

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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!

  • Haha 1

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Sorry all... shoulda kept this a little more up to date...

 

Sent this email to cahoot on Saturday (13th)...

 

I have now received judgement in the sum of £207.10 due to your non-response in case 6QZ24969 (Dinghy v Cahoot) at Northampton County Court.

Please could you let me know how you intend to recompense me. If this is not resolved to my satisfaction within 7 days of judgement being granted (ie by 19 May 2006) I will be left with no option but to instruct bailiffs at your cost.

Many thanks

 

 

Dinghy

 

which they were awfully quick to respond...

 

Dear Dinghy,

Thank you for contacting cahoot in Coventry.

In response to your email, I have passed on your information through to Mr. Berdauskas to have a look at and deal with.

Kind Regards,

Diana Rwaburindore

 

Did kinda hope that Lee might have come back to me by now...

 

 

Looks like I might have to rely on the bailiffs... :mad:

 

 


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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.

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Gave up waiting for cahoot to contact me... Phoned them myself being the last day of 7 days notice before sending the bailiffs in... £207.10 will be hitting my account this afternoon... (Not a huge amount but it's the principle that matters!)

 

:lol: :lol: :lol:

 

(Donation made & survey updated. Or at least will be as soon as finished typing this message !)


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DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.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.

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Small update on this... Got letter through from Abbey today...

 

Date 23 May 2006

Dear Dinghy,

 

bla bla bla

 

Abbey has no record of ever having received the Claim Form from the Court. Because of this, our normal procedure would be to apply to the Court to have the judgement cancelled so that a full defence can be filed.

 

However, 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 £207.10 (the sum for which you have obtained judgement) to be paid into your account 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.

 

Yours sincerely,

 

Alan Squires

Solicitor

 

Firstly - quite amusing... "I have arranged" on 23 May... Funny was in my account on 19th !

Secondly - Is there anything that I need to do on MCOL ? Judgement has (obviously) been granted but I've not requested a warrant to be issued and can't see anything on there to say "It's ok now it's been resolved..."


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DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.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.

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This topic was closed on 2019-03-08.

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


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.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.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.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 5160 days.

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