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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Meeru vs Cahoot


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I have received a letter from Cahoot with a breakdown of everything to do with my account since I first opened it. I am about to prepare my first letter asking for the charges back ... but I have a question.

 

On my breakdown it shows the unauthorised o/d charge and inbetween each I have 'debit interest' ranging from a few pence to roughly £4. Do I include this in my letter asking for this back as well?

 

TIA

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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Not sure about this one myself ?

 

Received last four years statements from Cahoot, total charges = £690 but I also have overdraft interests (debit interests) which I'm unsure about including.

 

On the preliminary letter it mentions charges for overdraft interest, is this the calculated 8% from the spreadsheet ?? Apologies if this has been discussed before but couldn't find it anywhere.

 

If anyone can help I'd appreciate it.

 

Thanks,

Thoma.

Who would you rather not be in cahoots with ?!?

 

p.s. just received an email from cahoot stating they were increasing my flexible loan interest to 13.9% .... time to pay it off I think !! :eek:

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  • 3 weeks later...

I sent my letter to reclaim my charges and the 14 day deadline ends tomorrow. I have had no response whatsoever ... do I send the LBA regardless of whether I had a response or not? Any tips on the next step please, thankyou.

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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Might not be useful now.. but I waited the 14 days, I did however send them an e-mail back asking them to reconsider and reminding them of my intentions..

 

Out of interest, what did you do about the interest.. I had a similar confusion and got it a bit wrong.. but you do not claim the 8% interest in letters - you only do this when you file your claim with moneyclaim. The intterest referred to in the letter, is worked out in Vampiress' speadsheet, on your overdraft interest.

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Ok, I'm back from holiday and still nothing from Cahoot and the deadine was 7th July (letter to reclaim charges)

 

I'm presuming I have to send the LBA now rather than resubmit a claim for charges. Am I right?

 

This site is great but can be confusing sometimes, lol, but I'll get there.

 

Oh, and while I've been away, I have received 4 letter from Cahoot telling me I am overdrawn and owe THEM £240 even though they owe ME over £600 ... the cheek!!!

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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yep.. LBA now... give them 14 days, then MoneyClaim

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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  • 2 weeks later...

Since I have sent my LBA (still not heard back yet) I have had further charges placed onto my account. Do I try and add these charges to this action or do I reclaim those once, hopefully, this one has settled.

 

TIA

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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  • 2 weeks later...

I'm getting worried!!

 

14 days after LBA is up on Monday ... I've not heard a thing.

 

I never got a response from them after my letter to reclaim charges so sent LBA. The thing is, I left it on the side to post registered, but hubby took it upon himself to stick a stamp on it and post it.

 

I'm now wondering if they even got it ... what do I do if I hear nothing by Monday ... that will mean I haven't had a response from either my letter to reclaim charges or LBA ...

 

Advice would be gratefully appreciated, Thanks

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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ermmm.. not quite sure.... I e-mailed them so I didn't have this problem. Were both letters not sent recorded?

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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The letter to reclaim charges was sent registered but heard nothing in response!

 

LBA hubby posted normal way with a stamp.

 

Does anyone recommend I email them tomorrow (Friday) or just wait until Monday? I really don't know where to go from here.

 

Thanks

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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I would... remind them that you will be filing MCOL on Monday if you haven't had a response. Worth a try? Use the e-mail:

 

[email protected]

This is direct to them

Good Luck

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Eeeeeeeeeeeeekkkkkkk!!!!!!!!!

 

I've got a letter back and they are refusing to pay back ANY charges, so time for the next step. I am soooo nervous about this but I will do it.

 

I have had charges added to my account since all this started ... Do I add these charges on and 8% on everything now? I'll need help now guys, I know I can do it, but only with your support.

 

AARRGGHHHHHHHHHHHHHHHH

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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Ok, I am now at the 'moneyclaim' stage and quite nervous!

 

I am at the part of the form where they are asking for Particulars of Claim and am unsure what to write. Do I just edit the guidance notes in the bank template forums to read like this ...

 

I have a contract with the Cahoot which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

...or do I write something more/less. The thing that worried me is I have no idea what this act and that act mean and don't want to mess my case up at the most important hurdle.

Any advice appreciated, thankyou

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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Also, are the answers to below NO then YES? Thanks

 

Does or will your claim include any issues under the Human Rights Act 1998?

spacer.gif Yes Nospacer.gif

Do you want to reserve the right to claim interest?

spacer.gif Yes No

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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looking at the partics - you need to add in the s.69 interest statement for the 8%.

 

Sorry to sound thick, but this bit has lost me. Do you mean I add another sentence to my claim

 

thanks

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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Ahhh, found the answer on the moneyclaim site itself, thanks K

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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Ok, I have changed the paragraph to include s.69 ... is this now ready to send ...

 

I have a contract with Cahoot which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I am claiming interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 03/04/03 to 03/08/06 of £ 24.87 and also interest at the same rate up to the date of judgment.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

 

 

Thankyou

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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Arghhhhhhhhh, Bloody Banks!!! :mad:

 

I cannot submit my claim via moneyclaim as I am on benefits and exempt from payment so have to go the old fashioned 'court' way.

 

Anyway, I am going to carry on with this tomorrow so will keep you posted.

 

Thanks for all your support so far and also in the Chat Rooms, your help has been very much appreiated.

 

See you tomorrow ... now where is that BACARDI :p

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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Thanks Karnevil, have had a good read of your thread and you have done really well considering the obstacles in your way ... Congratulations.

 

Another question FOR ANYONE please.

 

For some reason I cannot gt my figures to add up.

 

I am claiming 477.36 in total and as I'm at my N1 stage and preparing to add the 8%. I have downloaded the spreadsheet and amended it and even though I have charges at £477.36, the spreadsheet works out that I add £24.98.

 

However, I work it out to be £38.19 (477.36 / 100 * 8 )

 

Which is the correct figure and how do I amend the spreadsheet to show this.

 

Thanks

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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My particulars of claim for N1 form ... any comments anyone??

 

1. The Claimant has an account xxxxxxxx ("the Account") with the Defendant which was opened on or around 25th February 2002

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied will be sent to the Defendant and the Court.

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £477.36 total and any interest charged thereon;

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act 1984 at the rate of 8% a year from 23rd February 2002 to 3rd August 2006 of £24.98 and also interest of the same rate up to the date of judgement or earlier payment at a daily rate of £0.11 or at such rate and for such periods as the court deems just

 

I believe that the contents of these particulars of claim are true

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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...ooh, do I add 5b if I am also submitting a EX160 form?

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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Thanks ... N1 form completed and printed ... EX160 completed and printed ... now need proof of benefits and away we go!!!

 

Fingers crossed!

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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Best of luck Meeru.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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  • 2 weeks later...

Well what a stressful couple of weeks I've had and not a 'bank' in sight!

 

I won't go into it here but I have had a lot of family problems etc and so not been able to make it to M/cr County Court to file my papers as I am pretty much tied to home at the mo ...

 

...so I filed with moneyclaim and paid the charges. I know I'm exempt but I'll get them back anyway :D

 

So, hopefully, things can get back to normal here and I can get my charges back.

 

I'll keep in touch, thanks all

Cahoot - 2006

*** 08/06 - Sent Data Protection Act & £10 cheque *** 15/06 - Recieved info & cheque back ***23/06 - Sent letter to reclaim charges *** 07/07 - No response (after 14 days) *** 28/07 - Sent LBA ***

08/08 - Got response telling me to 'bog off' *** 31/08 - MCOL filed *** 03/10 - 50% offered and refused!

 

 

Monument - 2006

***31/08 - Sent DPA & £10 cheque

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