Seahorse v Cabot

[tbern123]

Hello Seahorse..

 

Welcome to CAG and the Cabot Fan Club..... I would highly recommend you read the other Cabot threads.... then you will get a better understanding of how these guys work

[tbern123]

Hello Seahorse...

 

If I was you I would CCA Cabot....

 

This is were it gets confusing.... Cabot Financial (Europe) Limited DO NOT buy debts. You will find following the CCA request that the debt has been assigned to a company called Kings Hill No1 Limited.

 

I would not waste your time with Barclaycard, from a business point of view they don't care about you and your debt. As this has been sold to Kings Hill, even if you repaid it in full Barclaycard would not recieve a single penny.

 

I have been dealing with Cabot and Kingshill partly in relation to an alleged Barclaycard debt. Following my CCA request I discovered that the agreement was not signed by Barclaycard, thsi it was not properly executed and unenforcable. I have just start legal proceedings against Kings Hill, in relation to the way they have behaved regarding another matter.

 

As for the phone calls... Strange response from them since they are fully aware of the legal position. I would keep that letter in a very safe place. If you read my Cabot phone call thread, it only took one email for them to stop.. Suggest you send it to kmaynard@cabotfinancial.com (he is in charge of Cabot & Kings Hill)

[tbern123]

Using my credit file as an exampl;e, the alleged barclaycard debt. The default has been registered by Kingsd Hill, Cabot are their self appointed agents... when truth they are one in the same

[tbern123]

Rhia is right, I nearly always email them..

 

That reminds, me... It has been awhile, maybe time for another one:rolleyes:

[tbern123]

I have just to words to say to you Seahorse, about your letter.....

 

LOVE IT !!!!!!!

[tbern123]

So we have a new friend.. Mr Wellinghoff....

 

This is interesting.... As usual their response is contradictory....

[tbern123]

I want a letter from Mr Wellinghoff

 

 

Not fair !!!!

[tbern123]

Zehr interesting, mein herr. Hmmmm....

He gets around a bit

 

 

John Comfort Silk Ties, silk and wool ties, and silk cravats with country design from CountryTies.com

[tbern123]

More info

 

lol, he has read up on the Consumer Credit Act 2006, I have proof

Amazon.co.uk: Profile for Mr. Willem Wellinghoff

 

He speaks many languages

The Bar Council

[tbern123]

More info

 

lol, he has read up on the Consumer Credit Act 2006, I have proof

Amazon.co.uk: Profile for Mr. Willem Wellinghoff

 

Ahh, come on Tbern..keep it original...LOL, see post 47

 

When do I get to speak with Mr WW then? Here's my latest >>

 

Cabot are at it again- via Robinson Way...I sent a CCA 5 days ago and I already have a reply, the letter starts as follows:

 

' We acknowledge with thanks your payemt of £1.00. The balance outstanding after crediting your payment is stated as above. As the account is long overdue for payment, (and get this next bit) we cannot at this stage accept repayment by such small amounts'

 

Now if you don't laugh, you'll cry!! So, just 40 more days to wait before they hang themselves...

 

Dam , I thought I was being so clever then aswell lol

[tbern123]

Go for it... nothing to lose everything to gain...

[tbern123]

Hi, Received letter from Cabot on 16th Feb 07

Be very grateful if you can explain what they are actually saying.

 

Just a quick translation from Cabot speak to english

 

Dear xxxx

Cabot Finanical(UK) Limited formerly Kings Hill (No 1 ) Ltd ,is part of the Cabot Financial group of companies, puirchased your account from Citi Financial and therefore Cabot Financial (UK) Ltd is the legal owner.

 

We purchased your debt from Citi, for next to nothing and we intend to make as much money from you as we can

 

 

The rights but not the duties were assigned to Cabot Financial UK Ltd in dealing with your account and therefore we are legally entitled to collect.

 

We don't care about the duties, as the duties are actually your rights, again we just want as much money from you as possible

 

We will assist you in providing a copy of the aggrement but please note that we are not obliged to as we are not the creiditor. The aggrement will be requested from Cit Financial.

Cabot does not hold a copy and therefore it cannot be provided with in 12 days.

 

But just in case we have got it wrong and we are liable we will see what we can do. As we didn't bother to get any documentation when we purchased your debt, there is no way in hell, we can get it in 12 days,

[tbern123]

Nothing, the ball is in there hands now..

 

One thing I would suggest though, as we are in danger of hijacking seahorses thread, you should start your own so that we can help you along your journey of discovery

[tbern123]

you should send him a copy of the article from Mr Maynard, about CAB court cases...

[tbern123]

Thanks Pam, I've included that as I've had time to reflect before heading off to the post office, so I've done a bit of digging. I've also amended part of it where they think they don't need my consent to share my data. This in response to Liz pointing me in the direction of this...

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_%20agreements%20-%20data_%20sharing.pdf

 

My amendment taking that into account is...

 

Oh, heck. This is addictive, and more fun that covering myself in jam and running around naked in a room full of wasps.

 

Very good response... Can't wait to see what they say for themselves...

[tbern123]

I should leave this in a permanent text file to copy and paste, the amount of times I've written it lately

 

Willem Wellinghoff

Cabot Financial (Europe) Limited

10 Kings Hill Avenue

Kings Hill

West Malling

Kent ME19 4LT

 

I think I know that address better than my own.

 

If you want to contact qucikly here is his email address wwellinghoff@cabotfinancial.com

[tbern123]

The interesting thing now seems to be that where the confusion lay between King's Hill and Cabot Europe (and still does) it's now been further confused by the introduction of Cabot UK. The use of these three companies is not only what we all consider to be a Data Protection issue but it is also against the OFT's guidelines for debt collecting which calls for clarity and transparency.

The newcomers to this thread (and ones I see springing up re Cabot on CAG) are quickly cottoning on that this is a complete and utter fiasco and Sea Horse I'm laughing too but let's not forget these people bring great misery to many . Keep unravelling people as I think they could possibly implode under the weight of their own deviousness.

 

Remember Rhia, it is only two companies, not three

 

The company formerly known as Cabot Financial (UK) Ltd, is now called Kings Hill (No.1) Limited, it has never had any involvement and is totally unrelated to the situation...

 

We have to make sure that we keep on top of their name changing and not let it distract us

[tbern123]

It is still three Tbern as, according to other posters, some cases are still in court or coming to court as Kings Hill No 1 Ltd. Weird I know! Humbleman I agree they have just swapped the names around. Cabot UK has the Companies House number that used to be Kings Hill and KH has the Co House no that used to be Cabot UK.

 

If an action was commenced after 15 January 2006, it should be in the name of Cabot Financial (UK) Ltd... If it commenced before 15 January 2006, it would have been in the name of Kings Hill (No.1) ltd.

 

The easiest way to think about it is if seahorse started legal proceedings against me at Christmas and I changed my name to Rhia on 15 January 2006, the proceedings would still be against me, as I am still me. They wouldn't be against you.

 

If he took me to court on 16 January 2006, he would have to use my new name, but it would still be me, he is taking to court even though I am using a different name.

 

If we can't let their change of name deflect or confuse us... sorry if that sounds patronising... I just don't want us to get to hung up on the change on name.... it isn't really that important

[tbern123]

Just been re-reading over your whole post Seahorse..Cabot are saying that they only purshased the rights to your account in the first place..not the obligations..That means a CCA has to go to Barclycard....So what we have to look at is; what are the rights of that said agreement...Well, if Barclaycard can't produce the original agreement, then Cabot can't prove that you've 'signed-up' to the rights of the original agreement. They've bought a debt that can't be enforced because there's no proof of it...Don't forget how close barclays are to Cabot, that's probably why they let Cabot buy just the rights and not the obligations in the first place..This could be a unique arrangement in the CCA/original creditor world...

 

Seahorse has posted a copy of his agreement, I think it is on my thread. As it is not signed the agreement isn't properly executed, thus without a court order, Cabot can whistle... Looking the agreement a court order couldn't be given as the document they call an agreement does not contain all the correct terms....

[tbern123]

Thanks Rhia.. off you trot !

 

ride'em cowgirl

[tbern123]

Just thought you'd like to see what sort of things the Debt Buyers outfit get up to: Atricle in this Months edition of Credit Today Magazine( thanks CT):

News

 

Quote:

 

"Debt buyers to access ‘white data’ - 23/03/2007

 

Debt buyers are a step away from gaining access to ‘white data’ or credit reference data on debt portfolios.

 

SCOR, the steering committee on reciprocity, has sent the new wording of the reciprocity principles to industry trade associations for ratification. If the principles are signed off, credit reference providers will be able to give their debt buyer clients access to full data on individual debtors. Previously they would only have had access to default data because that’s all they could provide themselves.

 

Roger Lucas, of the Debt Buyers and Sellers Group, said: "When we take assignment of debts we stand in the place of the original creditor so it’s only right we should have the same obligations and rights."

 

Meanwhile, Internet bank Egg has joined the Debt Buyers and Sellers Group. Egg head of debt sale Chris Hague said the group is now building more of a balance between sellers and buyers. "The industry is still maturing in certain respects and having a lobby group like that is very helpful as a single point of contact."

 

 

Just love what Roger Lucas had to say !

 

Here is the link

Credit Today online

[tbern123]

lol, I love me rep points lol

 

I have been on and off here.... Keeping an eye on events

 

I am working on a response to Hodsons via Cabot. I have also decided to have a change of tack in relation to the way I am going to deal with them. I have the day off work, so I have time to put things together.

 

Great find Andrew1, I will incorporate that into my response.

[tbern123]

Firstly why bother sending £1 for CCA. If the company has a genuine legal case then they would bend over backwards to help you believe they are honest.

 

The bits about doorstep collectors and trespass is good. The same can be adapted to telephone. Insist you will only deal with written communication.

 

Do not tell them which laws you can prosecute under or which authorities you can report them to. Simply tell them that you know as well as them where they can be in breach of the law and subject to any action/reporting you chose. That way they cannot guess what you actually know (there may be other laws they are aware of but obviously they cannot guess if you know them too) Basically a little information stops them making judgments on your abilty against a legal eagle of theirs.

 

Insist that they prove the debt as they would be required to do so in court and that it is in fact legally enforceable. Make it clear the burden of proof is theirs and theirs alone - you will not assist giving them info or pay towards the cost of supplying it as it should already be in their possession.

 

Finally make it clear that until they have provided sufficient qualilty evidence you will not respond to their letters

 

PS Don't forget to add "I do not acknowledge any debt to your company"

 

I hear what you are saying, but where is the fun in that ??? It is all fun and games.

[tbern123]

They can't use the £1.00 to reactivate the debt.

 

The payment of £1.00 cannot be taken as acknowledgment of the debt. You make a CCA request because you dispute the debt. Sadly most of these companies will not provide you with copies of documentation unless you make an official request.

 

I hear what you are saying, but most of these companies do not even have the correct documentation.

 

In an ideal world, we could just ask, but it is far from an ideal world and these companies do not play fair, wouldn't you agree ?

[tbern123]

Maybe Im being thick but how do I make a general posting on the forum? I havent done one yet and am bursting to TELL!!!

Barbara

 

All you have to do is go onto the cabot Forum and click on new thread