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Cahoot card court action to reclaim charges and contractual interest


tnook
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Just starting the process of reclaiming credit card charges against Cahoot.

 

Preliminary letter sent off. Anyone know how stubborn they are? Will they chase it all the way to court?

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  • 2 weeks later...
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Just wondering if I should be claiming contractual interest on the credit card charges. Does anyone have any experience of doing this with Cahoot?

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they ignored me twice, so i sent a third letter and santander replied. santander came back with crap about the supreme court decision. i sent a nice letter back berating them, saying they either don't read correspondence or they have little or no knowledge of the difference between credit card charges and current account charges. awaiting their reply...

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  • 3 weeks later...

Got a reply, they are crediting my balance with charges from the last 6 years and they have added 8% interest a their "final" offer.

 

However they have ignored my request for older charges and any of the interest they have charged me on their charges.

 

Will write back requesting the rest of the charges and the interest.

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  • 2 weeks later...

Got a reply from Santander/Cahoot saying they will not refund older charges nor any interest on any charges they have imposed.

 

Time to start court proceedings.

 

Are there any POC templates that relate to credit card charges over 6 years?

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  • 2 weeks later...

I would think it would be hard for them to wriggle out of the charges from 6+ years they form part of the same account. They could argue about the 8% interest but at the end of the day you have been paying CC interest on them since they were added. It's very interesting how they claim ignorance and use the OFT and supreme court ruling on bank charges, then fold. I suppose a percentage of people are put off at each level.

 

I cannot image them letting it go to court as the flood gates would open, they will probably settle on the court steps so to speak.

 

Good luck

 

Pumpytums

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  • 2 months later...

Really need to start court action now as Cahoot are still refusing to refund my credit card charges from over six year ago.

 

Is there any template for a POC for credit card charges over six years old? Any help would be appreciated.

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i'm in the same boat. i believe the fos take the stance that the limitation only begins from when you found out about the unlawful nature of the charges, therefore you should take it from when you received your list of charges or first asked for a refund. they are slow, but i think you should try the fos first. i think the courts prefer it too, court being the last resort.

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  • 2 weeks later...

After doing much reading I decided to try the FOS route first. Because Cahoot charged me so much on over limit charges and interest on my credit card I was forced to compensate my income by using my Cahoot overdraft on my current account with them. This then led to a cycle of getting charges on that account too in the end I needed to bail out and get a parachute account elsewhere. All this happened while I was out of work and my wife had just given birth to our son.

 

I am thinking of making the complaint about the credit card charges and link them to the problems I had with the current account as a result of their cycle of charges and try to get these refunded too.

 

Is it possible to make a complaint to the FOS on two accounts in this way?

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  • 2 months later...

I've had no luck with the FOS they claim they are unable to look at charges over 6 years old. So it looks like I'll be going down the small claims route.

 

Its been quite a few months since I last threatened legal action, do I need to send in one more letter giving Cahoot another opportunity to settle, or should I just start the legal process without a reminder?

 

Thanks for anyones help!

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  • 1 year later...

FOS has after long delay said they won't look at the case as I missed the 6 month window. Pity it took them so long.

 

Now its back to the original plan of taking this matter to the County Court. I've sent off a letter before action and will start working on my POC.

 

The outline is:

 

1. Unfair Cahoot credit card charges and interest kept building up

2. These caused me to slip further into overdraft on my current account with Cahoot.

3. Cahoot then started applying further charges to the current account.

 

Trying to link the two account and the Credit card charges as the initiator ih my POC. Also the current account charges happened in 2009 so might be able to apply BCOB.

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  • 5 years later...

Hi all,

 

I got a Cahoot cc back in 2001 and have been paying the minimum payments for a very long time. Recently I’ve been unemployed and I’m struggling to meet the payments. They are not interested in setting up a payment plan until I have missed payments. Is there any merit in sending a CCA?

 

Thanks for your help

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even with the OC, its worth a shot. But we dont condone debt avoidance. WHy not reduce payments right down and negotiate a settlement with the CC?

 

They cant refuse to set up a repayment plan if you are in financial difficulty. Theyd be in breach of their credit licence. But youd have to escalate it over the heads of the phone monkeys to get them to do it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Still with the bank. The phone monkeys as you put it won’t engage until I miss a payment.

 

What constitutes a successful CCA request. Can’t they just send any old copy of their legacy terms?

 

Esclate it to the CEO. They cant force you to enter into default if youre willing to pay. Of course, not meeting the terms of the agreement constitutes a default anyway, but theyre being pretty petty

 

 

As for the CCA, if its before april 2007 they have to supply the full original, with original terms, and any changes through the life of the account.

 

post april 2007, they can just send what they want and let a judge decide

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 8 months later...

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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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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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