jellybabe vs cahoot loan (flexi)

[jellybabe]

ok then. i got this cahoot flexi loan and the rate increases i had on there are just unbelievable.The account was opened in 2001 i believe.
I can now not maintain the payments no more and not sure which way to go first. Trying to arrange a reduced payment or send for my CCA.
Any advice would be appreciated.
I attempted this in 2008, but never got round to sending for my CCA. Wished now that i would have done.
thaks,
jellybabe

[cerberusalert]

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

Dear Sir/Madam

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

I look forward to hearing from you.

Yours faithfully **Edit to suit**

(Print do not sign signature)

[jellybabe]

Thanks cerberus,
will send it off this afternoon.

[keith4444]

Hi Jellybabe
Good luck with your fight against Cahoot!
I suspect if they send you anything it will be the same as the one posted here:
http://www.consumeractiongroup.co.uk...agreement.html

Thats what I (and most others) have received.

Cerberus do you mind commenting on the agreement on that thread above (by undersiege) and letting us know if it looks enforcable?

Sorry to hijack your thread jelly but it may help you out too!

[jellybabe]

no problem. will have a read through that thread again. can remember reading it before.But that was a while ago.

[jellybabe]

CCA sent this morning.Lets see if anything comes back

[jellybabe]

Royal Mail website still only shows :

Item DWxxxxxxxxxx has been accepted at xxxxxxxxxxx(post office adress where i sent it from) at 03/04/09???

Has anyone had this before?
I wonder if they received my CCA request now or not. No proof if royal mail ain't showing it

[keith4444]

Hi Jelly

Yeah I had a few of these as well (I think Cahoot was one of them!) They DID receive it though and sent a reply (usually a "run around" reply in the first instance), especially if you didn't sign the letter(Which you shouldn't have!)

If they dont reply after the allowed time limit just send the next letter (the "failed to comply" one)

[jellybabe]

Thanks keith,
Glad i'm not the only one then. Will wait and see what comes from Cahoot.
Did not sign, actually do not sign any letters no more. Just print my name out and put a line through the bottom of my first letter so i can actually see if they to cheat.
Don't trust any of those no more!
Just had another Deafult Notice from Argos (sent for agreement on the 02/04), and i am slowly losing my will to fight and to live.
oh yeah, my Argos thread is here:
http://www.consumeractiongroup.co.uk...tore-card.html
Damn it, and i just noticed i spelled jellybabe wrong on my Thread title!
Never mind!
thanks,
jellybabe

[keith4444]

Hi Jelly

Please don't worry as (many others here will tell you the same) until they have supplied you with the correct documents AND they are enforceable they cannot do a thing! No matter how much they threaten, without the correct docs they don't have a leg to stand on!

Keith

[jellybabe]

Hi everyone,
hope you had a good easter.
I have today received my cca for the Flexi loan and they also sent me my cca's for the current account and Credit card. I also received my postal order back.
Unfortunately they all look ok to me. But will scan them in later for someone knowledgable to have a quick glance at them.

[keith4444]

Yes do scan them up!
You never know what someone here may find!

Keith

[jellybabe]

ok, here they are.Only thing i just realised is, i have not received statement of accounts.

[jellybabe]

am i right in thinking that those CCA'S are enforcable. Even without statement of accounts?

[keith4444]

Hi Jelly

On first impressions they would indeed "seem" enforceable, however I am NOT an expert so I am in the process in getting a second opinion!
Will post back when I hear anything.

Lets hope someone else see's this thread who has more expertise in these areas!

Keith

[jellybabe]

Thanks Keith,
to be honest, i don't have much hope.

[jellybabe]

i am thinking about sending this letter to my creditors (i found it on a different thread):

Dear Sir/Madam,

Your Ref : xxxxxxxx

I regret to inform you that I am no longer able to maintain minimum payments on the above account.

I have set out an outline of my Income/Expenditure below, which details my present financial circumstances. As you can see from these figures, I am only able to offer you £xx per month at this time in line with my other creditors and would therefore be grateful if you could suspend all interest/charges until such times as I can resume normal payments.

For your information, I have today credited the account with £xx and will continue to do so each and every month until further notice (amend this if you're unable to pay anything now).

Personal Budget Sheet

Income (£ monthly)
Salary xxx
Tax Credits xxx
Child Benefit xx
Total : xxx

Outgoings (£ monthly)
Housing costs xxx
Council Tax xx
Gas xx
Electricity xx
Water xx
Insurance xx
Food xxx
Clothing xxx
Transport to Work xxx
School Meals xx
Household xx
Telephone xx
TV Licence xx
(Amend as applicable)

Total : x,xxx

Other Debt (1) xx
Other Debt (2) xx
This company (3) xx
(Amend as applicable)

Grand Total : x,xxx

I can only apologise for being unable to maintain the minimum payments and hope that you will see this letter as a sincere attempt to deal with my situation in a responsible way.

I would also like to state that I whilst I am not willing to entertain any callers and/or agents in connection with your company, I will nevertheless ensure that my payment reaches you by post within the timescales you currently use. However, if you would prefer these payments to be made direct to a bank account of your own, then I would be grateful for a payment book to be posted to me by return.

Yours faithfully,

Not quite sure how to fill it in. All my wages goes to Debts. Well, even more than that. I have never got enough money anyway.
My husbands wages pay all the other things.
Do i just delete all this stuff and input all my creditors instead?

[keith4444]

I would do it in one of 2 ways, either group your combined income and then take out ALL your expenditures before your creditors, OR just put down your contributions to the essentials (you do pay half of everything don't you) and see whats left after that?
Whichever way you work it out that suits you better. I also believe that £1 is the statutory minimum you pay to creditors if you can prove you are "negative" after you have tallied all your income/expenditure?
At the end of the day you can't pay what you don't have! You'll probably find most companies take anything as its in their interests to keep you "on the books" for as long as possible!

Having said all of that don't give up hope that these agreements are not enforceable!

[jellybabe]

Thanks again Keith,
you are very kind. All of you on here are.

don't give up hope that these agreements are not enforceable!

I'll try, but i don't see much of a chance there to be honest.Shame, i could have really done without that one. My life would be so much easier and i would be able to manage a lot more.
Sometimes i feel like it's not worth living like that.
But i've got my kids to live for. That is worth more than anything else.

[keith4444]

I Agree families are whats important
Please try to remember, unsecured debt is only a short term problem, they cannot put you in prison or anything scary like that! You have to remember whats important in your life and not let these "people" take over.

I'll report back when I hear anything on the flexible loan agreement!

have a good weekend!