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  • 2002 Cahoot\Santander flexi loan

    Hi,

    I am new to the forum, and after a little bit of advice regarding a Cahoot Flexi Loan dating back to 2002 which they suggest still has a balance of £4600. I have received a CCA and separate terms and conditions for this account but suspect that the prescribed conditions may be vague enough for me to challenge this. I have not paid anything since last year as I can see that the interest rates rose from around 7% when I first opened the account to close to 21% when I defaulted back in 2010.

    I did raise a formal complaint with Santander regarding the interest hike last year, but they dismissed it advising that I should have complained at the time and that too much time has passed since. I have calculated that they have added more than £5000 in interest above what they should have.

    I am challenging this on 2 fronts, as i believe that the interest hikes were unfair and unreasonable, and also that the prescribed terms and conditions did not have any cancellation info and no credit amount or limit. It did however have the phrase "we will tell you from time to time what your credit limit is"

    Has anybody had any success challenging these agreements.

    Apologies if this is a bit vague.

  • #2
    send the CCA copy of no crossing out detail to:- webmaster@all-about-debt.co.uk for checking referring to this account for checking enforceable or not
    Last edited by The Tech Clerk; 29th June 2020, 16:02.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      start a diary of events throughout on this thread and update as necessary as time goes by, by the way welcome
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Hi,

        thanks for the quick response. I don't have access to a scanner at the moment as I am working from home. Would it be OK to post a link to MoneySupermarket website that has a hosted agreement that has been posted to their forums that is the same as mine?

        Comment


        • #5
          Phone camera. ?
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Never-In-Doubt
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Originally posted by troytess View Post
              Would it be OK to post a link to a website that has a hosted agreement that has been posted to their forums that is the same as mine?

              Hello

              No two debts are the same. Comparing your credit agreement to one posted on another forum is not a good idea so no need to post any link.

              Email it to Niddy for an opinion first and then we'll take it from there.

              Even if the agreement is perfect there are many reasons why a debt can be unenforceable in court.

              I can see that you raised a complaint with Santander last year - did you refer it to the FOS after they rejected it?

              Di
              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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              • #8
                Thanks Di, I will take a pic and email it to Niddy tomorrow. No, I didn't follow up complaint with FOS.

                I am not looking at redress or such and perhaps wrongly thought that should this get to court I could fight the interest hike there. I believe that I have paid this back as the amount owed was due to the interest hike and charges. I am hoping to offer them 20% final settlement, but trying to ascertain where I stand if they reject it.

                Thanks for all your help in this, it is very much appreciated.
                Cheers,
                Andy.

                Comment


                • #9
                  Welcome to AAD. Just to add to everything already said, don’t speak to them or offer anything until the agreement has been checked and you have posted on here.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #10
                    Thanks all, I have sent the agreement through to webmaster.

                    Comment


                    • #11
                      Hi,

                      i have emailed the terms and conditions now.

                      Comment

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