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Claiming Cahoot credit card charges from 2003/2003 contractual interest

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Hi, I have a similar thread on Barclays.

 

I have some old credit card charges on my Cahoot card from 2002/2003. I have the statements!!! :whoo:

 

I have plugged the charges into the compound interest calculator and the total comes to:

 

Charges: £275

Compound interest (24.99%): £7842

 

Total: £8117

 

Do Santander/Cahoot settle eventually or are they courtroom bruisers?

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Update. I've written my preliminary letter asking for the charges and 24.9% interest in restitution. I also included a schedule of the charges and interest.

 

Will no doubt get a standard "Thank-you for your complaint we will get back to you in 8 weeks" letter from them.

 

Letter as follows:

 

__________________

 

 

PRELIMINARY LETTER: REQUEST FOR REFUND OF CHARGES AND RESTITUTION

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: XXXX XXXX XXXX XXXX

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention the implied term of the contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that between 2002 and 2003 you have taken £275 in charges. I also claim £7,764.34 in interest in restitution as per Sempra Metals vs HMRC, calculated at an APR of 24.9%, making a total of £8,039.34

 

I enclose a Schedule of Charges listing the amounts that I require to be repaid.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

In recent years Courts have been happy to accept claims for bank charges that exceed 6 years, whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitations act 1980.

 

Should county court action be needed I will be seeking to rely on this.

 

Therefore this letter requests a refund of all charges indicated including interest in restitution from the date of this letter.

 

I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties.

 

Should the latter occur my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively. I trust this clarifies my position.

 

 

 

Yours faithfully,

tnook

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Well it's been 3 weeks and no reply from Cahoot/Santander. Time to draft the LBA and give them a final 14 days.

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Called Cahoot, they claim there is no record of getting my letter. They say their address moved from Coventry to Belfast, however their mail does get forwarded.

 

It's a little non-sense because I also wrote to them with a GDPR request at that address and got a reply. Anyhow. I have now sent my LBA to their Belfast address and given them a final 14 days before I start court action.

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Just had a call from Santander, left a voicemail saying they want to discuss my recent correspondence with them. Fast they are not.

 

Anyway I’ve already sent the LBA. Will see what they have to say.

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Spoke the the gentleman at Customer Services. He’s claiming they only got my letter a couple weeks ago. Was questioning why I put down 24.9% since they never applied that rate to me. I told him its the likely rate they would have made money on my funds based on other loans and cards they offer, He said he would call back in a couple days with Santanders position. I won’t hold my breath.

 

I need to start preparing for court now. Can anyone assist? I’ll start to draft the POC.

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Ok got the final response from Santander/Cahoot. They are not playing ball as wexpcected. Say it is time barred and there is no company error so they will not do anything.

 

Ready to proceed to court. Any help much appreciated.

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follow the shelley/martin2006 threads

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

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