jellybabe v Cahoot

[jellybabe]

thanks Michael,

i decided to wait the whole 14 days.Like you said,it's only 5 days.

But i have to admit it's itching in your fingers;when you get a letter like that,

your first reflex is to say: "right thats it....i show ya!".

 

Anyway,will wait til the 11th.......they might change their mind and pay it all back in the next 5 days,HA HA HA:cool:

[jellybabe]

Quick question......just noticed that i missed a couple charges out in my prelim.Can i just add these on to the total in my lba?Also,new charges have been added,can i add these up aswell?

My lba is going out on the 21st if i don't receive anything by tomorrow.

thanks

[Chimera]

yes, they are. It is best to wait the 14 days. Then in total you have given the bank 28 days to respon, which is resonable. Good Luck

[jellybabe]

Hi Chimera,

Thanks for reply.I already gave them 14 days and another 10 days to reconsider.The additional 10 days will run out tomorrow.

I think it's time for my lba on Friday.I've got it all ready to send.

 

i have to admit......getting a bit nervous now!

[jellybabe]

oops,forgot to say in my last post....i am on holiday abroad from the 5th August til the 15th August.But if i send the lba on fri,their timescale ends just in the middle of my hols (7th August).Would that be a problem? As obviously i can't check my post and won't know if they sent me a time sensitive letter,like a full refund or whatever.Or would it be better to wait til i'm back from holiday,or just state in my lba that i won't be able to respond to anything until the 15th August.Or just extend their timescale to the 15th August?

I am confused!hahahaha!Sorry about the rambling.

Any advice?

[barracad]

Send the LBA as planned, with the 14 day deadline.

 

If it is that you don't file the court claim on the 14th day that is not a problem - in fact you are being overly-acommodating by giving them extra time to pay up before you commence litigation.

[jellybabe]

Thanks,will do that then.

[jellybabe]

just got my lba printed out,but thought i let someone have a look at it before i send it.

(my adress)

 

Friars House

Legal Department

PO Box 1981

Coventry

CV1 2BR

 

LETTER BEFORE ACTION 21.07.2006

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: *****************

 

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £765 of my current account and £450 plus £36.52 in interest of my Credit card Account. Total £1251.52.

I am enclosing a revised copy of the schedule of the charges which I am claiming.

 

I require repayment in full of this money and also cancellation of charges that are/might be due to be taken. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

 

 

 

Yours faithfully,

'cc:file'

 

 

 

Hope anyone could maybe point me in the right direction if i should change anything or if it's ok to send like that.Also,i might change the interest amount for the credit card account before sending it,providing Vampiress is so kind to send me the new spreadsheet for credit cards.

Thanks for any help or suggestions in advance.

jellybabe

[jellybabe]

just received following email of cahoot:

We are writing to let you know that we have reduced the fees relating to

your cahoot credit card. These were effective on 28 June 2006 and are as

follows:

 

- The fee for exceeding your credit limit has now been reduced from

GBP25 to GBP12

- The fee for making a late payment has now been reduced from GBP25 to

GBP12

[jellybabe]

aaahhh,i just can't work it out.I will leave the interest for the credit card as it is.But the interest for my Current Account.....i just can't get a grip on that one.

Would it be ok to just add £50 estimated interest in my lba?And how would i word it?

I calculate that you have taken £765 plus an estimated £50 in interest of my current account and £450 plus £36.52 in interest of my Credit card Account. Total £1301.52.

Would that be acceptable?

[jellybabe]

This is my revised lba.I will be sending it like that on Monday morning. I assume it's ok like that, if no one else out there says otherwise.

LETTER BEFORE ACTION 24.07.2006

 

[deleted]

 

[MODERATED: Letter removed - Letter templates are available in the templates library for registered users only]

[jellybabe]

Hi barracad,

not been online since sat morning,coz lighting fryed my modem somehow.

Only just got back to notice you deleted/edited my last post.

Sorry,if i put anything there i shouldn't have.didn't know better.

Also,i haven't had no reply to my last post,and not sure if i can send the lba off with an estimated amount of interest or if i should leave it out as i can't proof the exact amount.Will send my lba off Monday afternoon, without the estimated interest if i don't get a reply by then,as i don't want to mess anything up.

thanks and sorry again,

jellybabe

[Abby]

Hi jellybabe.

 

Are you having a problem with your interest for your current account because you don't have statements?

 

I received a list detailing the (many) charges over the years but I could not calculate the interest as I did not have any details relating to the balance account on the days when the overdraft interest was charged. Is this the same for you?

 

In the end I just put balance on the days of the overdraft interest into the spreadsheet from the past year (i.e. the ones available on the website) and claimed for them. I decided to leave the past overdraft interest charges and just claim for the overdraft interest I could prove.

 

I did this mainly because I have not had the account very long and the amounts would be small.

 

I hope this makes sense to you.

[jellybabe]

Hi Abby,

thanks for your reply.I think i will do the same as you then.Might be safer only to claim what you can proof.I had a big list of printouts of them,not proper statements,which makes it really complecated to calculate.(well,for me anyway,hahaha).And also the balances don't add up somehow.My overdraft is only £500, but th ebalance sometimes shows over £1500.Which i know for sure never happened!

So,thanks for the advice,will send my letter before action now.

[Abby]

Good luck.

[jellybabe]

Thanks,same to you:)

[jellybabe]

Back of my holiday now.

No good news in the post from cahoot.Got an email dated 8th augst, asking me to send my claim form to following adress:

Private & Confidential

Lee Loftus

Service Relationship Manager

cahoot

Friars House

Coventry

CV1 2ZA

Do they mean that this is the adress that i put in the moneyclaim??

Oh yes,and i've got another charge of £25, which will go on my claim aswell.

[Abby]

I used the Abbey National Address, but if they are asking you to send the papers to that address then I would do so.

[jellybabe]

yeah,thought so too.so, the adress i will put on my moneyclaim form will be the above then.I was just a bit confused,as i don't send anything to cahoot when i file my claim online,do i??i never did with my claim vs argos.

[misspickles]

Hi Jellybabe

Looks like im about the same position as you, I received that email from lee loftus this week, am waiting till 14 day deadlines is up as it coincides with payday, then will be MCOL! will be interested to see how you get on with this bank! Good Luck!

Miss P x

[jellybabe]

hi misspickles,

my deadline run out on the 8th August,but i was on hols til tuesday.Will do mcol on fri (payday)

[jellybabe]

forgot to say...good luck with yours!

will keep you posted.

[jellybabe]

anyone got any advice about the following:

I am interested in claiming the higher rate of interest. i am about to do mcol tomorrow morning,but haven't mentioned the higher interest in my lba or any letter before that.

Can i still claim the higher interest when i file my claim tomorrow?Or is it better to just go for my normal interest rate and the 8%?

[Abby]

I am not sure what the higher rate of interest is that you are talking about. I claimed for the 8% because it is the rate set by the court.

[jellybabe]

yes, but a few others have claimed the higher rate of interest instead of the 8% as explained in the following thread:

http://www.consumeractiongroup.co.uk/forum/general/7252-new-way-looking-interest.html.

It states that you can claim the alternative amount of interest at the rate that the bank charges you instead of the 8%. you can only claim that or the other if i understand it right.for example if the bank charges you....say,29.8%...you should be able to claim that or an alternative lower percentage.All at the discretion of the judge.

And believe me, it could make quite a difference to a claim.