JKOP Vs Cahoot

[jkop]

Sent of my pre-lim letter on 18/09/2006 got a response via e-mail on the 19/09/2006 saying they think the charges are fine - in line with all theother rip off banks, so sent of lba today 20/09/2006. Wait for a response from them

Claiming £1935 in charges.

[roboraver]

Go For IT !!

[jkop]

just wanting to check - I didn't have to wait the 14days if they responded saying they would not refund - you just have to give them 14days to respond - correct? 14 days since my lba is up on wednesday. I sent my LBA 2 days after Pre-lim as they responded quickly saying NO.

[jkop]

BTTT

Can someone confirm this for me please? I'm sure someone confirmed this was fine on another thread. Cahoot responded saying we won't pay back charges so I sent lba - I didn't have to wait the whole 14days before sending LBa did I as they responded saying NO (i.e you only have to give them up to 14days to respond)

Originally Posted by jkop

just wanting to check - I didn't have to wait the 14days if they responded saying they would not refund - you just have to give them 14days to respond - correct? 14 days since my LBA is up on wednesday. I sent my LBA 2 days after Pre-lim as they responded quickly saying NO.

[Lager_Lou]

I'm not sure as I gave them 14 days to respond to both the prelim and the lba as even though they sent me a swift 'sod off', they may have decided to change their mind within the remaining time. Of course they didn't, but with the LBA I think it's worth waiting the whole 14 days as if you go to court you can show the judge that you have behaved reasonably and stuck to your deadlines.

Hope this helps,

Lou

[jkop]

well I've already sent - they've not responded to lba so MCOL tommorow!

[meeru]

As long as you have waited the full 14 days then you can file with MCOL.

Make sure you read and reread what to do before you file it. Even post it on here if you want so we can take a look. If you look at my thread you will get a rough idea of how to set it out.

Good Luck and stick with it!!!

Post number 14 on my thread is what I sent to MCOL ... change the numbers to match your claim.

[jkop]

Thanks I've got your thread bookmarked for exactly that reason!!

Does this sound correct:

Total claim is £1995 + interest.

1. The Claimant has an account xxxxxxxx/ Sort Code xx-xx-xx with the Defendant, opened xxxx 2003 2. Since xx/xx/xx
the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of
all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The
charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such
charges is unenforceable under the Unfair Contract Terms in Consumer Contracts Regs 1999, Unfair Contract Terms Act
1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £1995; (b) Interest per S.69 County
Courts Act of 8% - £262.86 continuing at 8% until judgment or settlement at a daily rate of £0.44; 6. Alternatively,
if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services
Act 1982. 7. Costs allowed by the Court. I have repeatedly asked the bank to justify their charges but they have declined to do so.

[jkop]

should I remove the words "and interest" as I'm not claiming for any overdraft interest?

[meeru]

Hi

You have 1080 characters to use upto 24 lines. On your claim above, remove the numbers, (1. 2. etc ) and the paragraph spacing. Paste your claim into MCOL and count how many lines its it. Try not to have any empty space whatsoever.

Good Luck

[jkop]

thanks

Value box - does this include interest?
Claim is £1995
Total inc interest is £2258.53

or do I Just put the interest in the text?

I got text down to this as I had used too many lines:

The Claimant has an account xxxxxxxx Sort
Code xxxxxxxxwith the Defendant, opened
xxxxxx. Since xxxxxxthe Defendant
debited charges in respect of purported
breaches of contract. Defendant is aware of
all details as a list of charges has
already been supplied. Another copy will be
sent. Claimant contends: (a) The charges
exceed the Defendant's losses caused by the
breaches; (b) The Term permitting the
Defendant to levy such charges is
unenforceable under the Unfair Contract
Terms in Consumer Contracts Regs 1999,
Unfair Contract Terms Act 1977 and at
Common Law. Claimant claims: (a) return of
the amounts debited of £1995; (b) Interest
per S.69 County Courts Act of 8% - £263.53
continuing at 8% until judgment or
settlement at a daily rate of £0.44;
Alternatively, if the charges are a fee for
a service, then they must be reasonable
under S.15 of the Supply of Goods and
Services Act 1982.Costs allowed by the
Court.

Do I need to send another copy of the schedule of charges to cahoot again now?

Originally Posted by jkop

Value box - does this include interest? (YES)
Claim is £1995
Total inc interest is £2258.53

or do I Just put the interest in the text? (no)

I got text down to this as I had used too many lines:

The Claimant has an account xxxxxxxx Sort
Code xxxxxxxxwith the Defendant, opened
xxxxxx. Since xxxxxxthe Defendant
debited charges in respect of purported
breaches of contract. Defendant is aware of
all details as a list of charges has
already been supplied. Another copy will be
sent. Claimant contends: (a) The charges
exceed the Defendant's losses caused by the
breaches; (b) The Term permitting the
Defendant to levy such charges is
unenforceable under (T)he Unfair Contract
Terms in Consumer Contracts Regs 1999 (no- this should be The Unfair Terms in Consumer Contracts Regulations 1999),
Unfair Contract Terms Act 1977 and at
Common Law. Claimant claims: (a) return of
the amounts debited of £1995; (b) Interest
per S.69 County Courts Act 1984 of 8% - £263.53
continuing at 8% until judgment or
settlement at a daily rate of £0.44;
Alternatively, if the charges are a fee for
a service, then they must be reasonable
under S.15 of the Supply of Goods and
Services Act 1982.Costs allowed by the
Court.

Do I need to send another copy of the schedule of charges to cahoot again now?

When you get your court claim reference write it on the top right corner of your schedule and send it to them. They will probably ask you again anyway.

[jkop]

Thanks Submitted - do I have to PM a mod with the claim number? the only part I forgot to changef was the "1984" part - does that matter? (I got it from the templates section like this)

Sending a copy of the schedule and the claim form to them - (without a letter) I take it I don't need to write a letter with it?

[jkop]

Can I also ask why has the MCOL allocated Northampton court? It's not my local court - can I get it changed to my local one? or is it just saying this because MCOL is based in Northampton and once accepted it will be allocated to a local court?

[meeru]

Mine got changed to Manchester county court since Cahoot filed their defence. It will get changed to your local court nearer the time ... if it hasn't changed at a later stage, inform them that you want it changing to your local court.

This is something you can deal with in a few weeks time, so don't worry about ti right now, just post back if it hasn't changed at a later date.

And ... you've sent your MCOL now so sit back and relax for now. Don't fret on what to do later until that time comes and don't worry yourself unnecessarliy.

Good Luck

[jkop]

thanks - so I just wait the 14days for them to submit their defence. If they don't then I can apply for judgement by default right?

I'll be getting on with my barclays claim now then!!

[meeru]

You will get a letter from the court informing you the date the claim was issued and the date they sent it to Cahoot.

The court will give them a couple of days for it deemed to be served and then 14 days for them to acknowledge the claim.

They then have a further 40 days in which to file a defence.

Wait for this point and then it will be clearer what to do.

They have just filed a defence against my claim so I will know more on how to aproach it once your come through.

HTH

[jkop]

much appreciated!

Originally Posted by meeru

They then have a further 40 days in which to file a defence.

That should be 14 not 40.

[jkop]

thanks.

so if within 14days they don't acknowledge it - I can apply for judgement by default?