Taking Cabot to court for failing to supply HSBC CCA + Distress etc

[make them aktiv runners]

edit

[Guest Battleaxe]

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply-100.html

 

Have a look at post 1195 by Richard Spud. These documents will help strength your case and clearly shows Cabots have breached the OFT guidelines several times over.

[tbern123]

I recieved a letter from experian this morning. Some of you will remember, I wrote to them a while ago as there was a record of a search on my credit file by Cabot Financial (Europe) Ltd.

 

This search, was done without my authority or knowledge.

 

"Dear Mr tbern123

 

 

Further to our recent correspondence, I have been contacted by Cabot Financial (Europe) Ltd. They have requested that I delete the following entry from your credit report:

 

Mr tbern123 etc.. etc...

Searched on 20/2/07

Searched by CABOT FINANCIAL (EUROPE) Ltd

 

Your report will change in the next seven days. Please use this letter if you need proof in the meantime."

 

Now as Cabot have requested for this to be deleted, is this an admission of guilt and acceptance that they shouldn't have searched my credit file ???????

[Guest Battleaxe]

I would say they should not have searched you file. More evidence of their naughty ways

[tbern123]

You think with all their qualifications and letters after their names, they would figure the whole they are in is deep enough.

 

But no, they just keep digging...... This rate they will be in Australia in no time !

[InKogneeToh]

 

But no, they just keep digging...... This rate they will be in Australia in no time !

 

Perhaps BA could ask some of her old friends/colleagues etc to organise a nice 'welcoming party' for them when they get there then - leg irons, chains and nice striped 'PJ' type suits for all!!

:lol:

[Guest Battleaxe]

I was just going to say the last thing we want is Cabot's in OZ, but I am sure my younger brother and his mates would welcome them and use them for shark bait instead of the hapless New South Wales Rugby followers they normally entice out on fishing trips to use as shark bait. Cabot's welcome to the Moreton Bay shark fishing grounds, we can guarantee you a feeding frenzy like you have never encountered. Will Mr Maynard be leading your tour group?

[tifo]

no problem tbern ... your fight with Cabot is also an inspiration ...

 

thanks for the rep.

[elizabeth1]

I was just going to say the last thing we want is Cabot's in OZ, but I am sure my younger brother and his mates would welcome them and use them for shark bait instead of the hapless New South Wales Rugby followers they normally entice out on fishing trips to use as shark bait. Cabot's welcome to the Moreton Bay shark fishing grounds, we can guarantee you a feeding frenzy like you have never encountered. Will Mr Maynard be leading your tour group?

 

 

I was just going to say I've a few rellies over there - they'd chase them out !! My Cous loves his BBQ's at weekends and he'd love the additional "dish" or two to roast

[Guest Battleaxe]

I am sure there is a bronze whaler waiting to wrap his gums around Mr Maynards middle. This monster of deep can meet the notorious Cabot's leader. Elizabeth 1 I will get my brother to introduce himself to your rellies and they can go on a Cabot's fishing expedition,

[Donel261]

Just reading the CCA 1996, in particular "default notices"

 

Notice of default sums

After section 86D of the 1974 Act (inserted by section 11 of this Act) insert-

"86E Notice of default sums

(1) This section applies where a default sum becomes payable under a regulated agreement by the debtor or hirer.

(2) The creditor or owner shall, within the prescribed period after the default sum becomes payable, give the debtor or hirer a notice under this section.

(3) The notice under this section may be incorporated in a statement or other notice which the creditor or owner gives the debtor or hirer in relation to the agreement by virtue of another provision of this Act.

(4) The debtor or hirer shall have no liability to pay interest in connection with the default sum to the extent that the interest is calculated by reference to a period occurring before the 29th day after the day on which the debtor or hirer is given the notice under this section.

(5) If the creditor or owner fails to give the debtor or hirer the notice under this section within the period mentioned in subsection (2), he shall not be entitled to enforce the agreement until the notice is given to the debtor or hirer.

(6) The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of the notice under this section.

 

Errrrm, we all have Kings Hill (No 1) defaults on our credit records but (1) what right did they have to place it there in the first place and (2) where was the "notice" that they were going to enter such a default against us upon purchasing the debt?????

[tbern123]

Ok, lets play a game. It is called spot the difference.

 

Even though Cabot say these were sent by two totally unrelated companies, I am sure you will all agree they are very similar.

 

Item A Letter from Barclaycard

 

What is that I hear you say ???? tbern123, that letter is not signed ???

 

Item B, a letter from the Bank of Scotland

 

 

Yep, no company registered address or company number at the bottom of the page :o

[tbern123]

I am not drawing any conclusions, but here is the extract from my SAR, I have mentioned before:

 

[FANTASY CHARGES]

perhaps "cabot" should be renamed "Spartacus"

 

then they could say "I'm Spartacus", "I'm Spartacus", "I'm Spartacus", etc

[Donel261]

My Barclaycard letter is a carbon copy Tbern, hmmmmm......

[tbern123]

Now, Cabot say they only banked one of cheques. Here are copies of my TWO letters, which have both been stamped by CABOT... so what happened to my other cheque then ??? (I have ordered a copy from my bank)

 

letter one

 

letter two

[tbern123]

So WW, you said in your letter that Cabot did not present chq 300063 for payment...

 

Explain this then !!!

 

[Donel261]

Bloody fools, WW have you had too many smarties in dealing with Tberns case?

[tbern123]

2. By a letter dated 12th May 2006, Cabot Financial (Europe) Limited, acting as agent of the Defendant and on its behalf, informed the Claimant that:

 

i) HSBC's rights under the HSBC account had been assigned to the Defendant;

ii) the balance outstanding and due to be repaid by the Claimanton the HSBC account was £*,***.**

iii) accounts assigned to the Defendant were serviced by Cabot Financial (Europe) Limited;

iv) Cabot Financial (Europe) Limited was authorised to receive payment on behalf of the Defendant and all correspondence should be addressed to Cabot Financial (Europe) Limited;

v) information about the Claimant's debt might be sent to the Credit Reference Agencies; and

vi) any information obtained would be used for the purpose of collecting debt.

 

 

This is what they have stated in their defence. However this is what the letter actually states.. No mention of rights... But account gets a few mentions

 

 

18. The Defendant is unable to prove the Claimant consented to the disclosure of his personal date in relation to the HSBC account by HSBC to third parties. HSBC has retained no copy of the agreement for the HSBC account.

 

Got that right sherlock !! But remember ACCOUNT !!!!!

[Guest Battleaxe]

Oh boy. Have you got them now. The Judge needs to see this. or even the OFT. They are playing fast and loose and it is obvious the left hand does not know what the right hand is doing.

[tbern123]

So WW, you said in your letter that Cabot did not present chq 300063 for payment...

 

Explain this then !!!

 

 

Here is the letter from WW, telling me they haven't banked my cheque, contrary to the above statement from my bank

 

[tbern123]

In his letter he says that Cabot Financial (Europe) Ltd is Cabot.

 

But he also says Cabot has served its defence.

 

The named defendant is Cabot Financial (UK) / Kings Hill (N0.1) Ltd...

 

Are they getting themselves confused

[TideTurner]

I recieved a letter from experian this morning. Some of you will remember, I wrote to them a while ago as there was a record of a search on my credit file by Cabot Financial (Europe) Ltd.

 

This search, was done without my authority or knowledge.

 

"Dear Mr tbern123

 

 

Further to our recent correspondence, I have been contacted by Cabot Financial (Europe) Ltd. They have requested that I delete the following entry from your credit report:

 

Mr tbern123 etc.. etc...

Searched on 20/2/07

Searched by CABOT FINANCIAL (EUROPE) Ltd

 

Your report will change in the next seven days. Please use this letter if you need proof in the meantime."

 

Now as Cabot have requested for this to be deleted, is this an admission of guilt and acceptance that they shouldn't have searched my credit file ???????

 

Tbern,

 

Forget admission by Cabot, what moves have you made to ensure that they have a right to your information, and did you provide them with the relevant authority to provide it to a third party?

 

Also, have they got authority to store or process it? If not have they deleted it in its entitery from their systems? And recalled all copies from those they have communicated it to?

 

Tide

[elizabeth1]

In his letter he says that Cabot Financial (Europe) Ltd is Cabot.

 

But he also says Cabot has served its defence.

 

The named defendant is Cabot Financial (UK) / Kings Hill (N0.1) Ltd...

 

Are they getting themselves confused

 

Tbern it seems like they have simply gone mad - they wasted so much of their time trying to "wriggle" out of things - they basically hung themselves!!

 

They won't get away with this!!

[saxon]

Hello Tbern, 1578# has your name on it, didn't know if you'd left it there on purpose or not.