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

[debt_mountain]

time.

 

Before anyone says it, I know I should have S.A.R - (Subject Access Request) Kings Hill already, but I didn't really feel the need. I am going to do it tonight and send the a copy of the email from the Information Commissioners Office...

Tbern, I was the same as you. I only did this last week. But I did Cabot not Kingshill. Cabot should not have any info on me as they don't have my permission. I will also do Kingshill today to see what comes back. The cheque has been cashed. Wonder what headed paper will be used for the reply, assuming we get one?

 

Nice reply from the Information Commissioners Office, shame it wasn't the yes/no we all want to see in black and white, but great job..

[debt_mountain]

From the information provided, it is not clear whether Kingshill are still the legal owners of the alleged debt, it depends what they have done with it. If, for example, they have sold the debt in its entirety to Cabot, then Cabot will become the legal owners of the debt and have a basis for processing your personal data.

 

but if they had (which to obviously haven't, then Kingshill would no longer be able to do anything with your data and therefore record info with CRAs.

[debt_mountain]

I posted in my thread at the weekend that there is a 4 week adjournment as there is some stike activity impacting courts that day.... so it gives me and Cabot 4 more weeks to prepare.

 

thanks for the thought though.....

[debt_mountain]

Which court?

It will be Morpeth and Berwick on 28th Feb now. 1pm I think

[debt_mountain]

Calling all Caboteers. Debt Mountain meets them in court tomorrow (31st August) at 11am. All send positive vibes to him tomorrow at the appointed hour.

 

31st of August is probably when Cabot would like it as the date doesn't even exist.... :D

[debt_mountain]

Lo and behold the delightful chap has paid the King's Hill mob the ultimate tribute and pooped on one of them and joy of joys it's the Cabot file.

Can we take Buggins along to court as a Cabot Fan Club Mascot??

[debt_mountain]

I was checking my credit file last night (experian) and saw another crackes from our pals.

 

Under useful addresses it says

 

Institution Name

 

KINGS HILL (NO 1) LIMITED:

 

Address Details CABOT FINANCIAL (EUROPE) LIMITED, PO BOX 241, WEST MALLING, ME19 4NA

 

Institution Name

 

KINGS HILL (NO 1) LIMITED:

 

Address Details CABOT FINANCIAL EUROPE LTD, PO BOX 241, WEST MALLING, ME19 4NA

 

another bit of ammo for my bundle.

 

Don't know if I have seen this before or not?

[debt_mountain]

I sent an S.A.R - (Subject Access Request) to both cabot and kingshill. Got a reply today on the same lovely new cabot paper saying, thanks for the request (cabot) but as you had both joint accounts and single accounts with us we need a £10 from each of you.

 

No problem I will get that off to them tomorrow but I wonder if I will get the same from Kingshill as the exact same issue will arise there. Same accounts, same joint and sole accounts. The 40 days are up before I meet them in court. Whats the bets they don't actually reply in time?

 

Just chequed my bank and both the Kingshill and Cabot cheques have been cashed.

[debt_mountain]

DM - if you issued cheques to both, why don't you ask you bank for the cheques back and you can see who banked them - that would be interesting.

damn fine idea. I have to go into the bank today anyway for another reason. thanks Andrew will let youze know what comes back.

[debt_mountain]

do you think they have BOT in the name for a reason?

[debt_mountain]

Debt Mountain I suggest you keep the £10 in your pocket and point out to

the muppets what s7 [1][a] of the Data Protection Act actually states.

an individual is entitled

to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that

data controller.

and then in s.7 [1][c]

to have communicated to him in an intelligible form-

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data .

So, regardless of how many accounts you have with them, the £10 covers

them all.

lookinforinfo

 

thanks for the info, not sure if my original message was a bit confusing but Me and Mrs DM have 1 account with Cabot, I have to in my name only and Mrs DM has 1 in her name only. Does this make a difference to the info you quoted. I think they may be correct in this instance...is that a first?

 

Thanks

[debt_mountain]

Spoke to a lovely lady (Hi Sarah if you are watching) in customer services (Have they always quoted the 01732 775436 number or is that new as opposed to the 0870 ££££££££ number they use to use.) anyway, she said that as I had sent £10 to each Cabot and Kingshill that these 2 payments cover the SAR fee as they are both within the Cabot Group.

 

So I have save tenner (or is it actually £20).

 

So I have faxed off a letter confirming this and that the original 40 timeline for each is still require, so 1 of them (Cabot) is due before we have our prelim meeting on 28th Feb.

 

this is getting to be more enjoyable by the day.

[debt_mountain]

Hey,? Isn't it against the DCA rules to use a premium rate telephone number to get we poor debtors to call on?

Thats why I pointed it out, is it that Cabot are starting to read these guidelines and actually comply with them? or is it just because these letters are from customer Services and they have a direct dial?

 

the last automated letter I got from Peter Anderson had 0845 0700 116 is that not just a national rate standard cost number?

 

sometimes they also quote an 0800 328 9911

 

Does anyone have a customer services email address for them? I know we can get Kens address from Tbern but I want a general email?

 

ta

[debt_mountain]

Email: cabotcustomer@cabotfinancial.com

cheers andrew1 - scales clicked

[debt_mountain]

Cabot Fan Club

 

Should we pull a summary of each complaint we could send and have a set of DCA standar letters created and setup as a sticky?

 

If we create a template it would simplify the process of complaining and ensure all references in the letters are included. Each of us could send a copy with our support info to each regulatory body as a formal complaint about these lovely people.

 

I am guessing that these templates would help more than just the Cabot fan club.

 

If, as Tbern has implied, they get a £400 charge each time it would really cheese them off.

 

I think so far on this thread there have been complaints to

 

- Trading Standards

- Financial Ombudsman (£400 non returnable to DCA:D )

- Information Commissioner

- not sure if OFT is included somewhere too.

- Credit Service Association

 

Could we get a sample of a letter (or link to these letters - after obtaining the ok from the originator) for each body and we could start cutting and pasting our own info into them.

 

Lets all follow in Tberns (and others) wake and get rattling those cages officially, only cost the price of a stamp (or free if we get an email address for each) .

 

I am about to send the £400 request (Financial Ombudsman Service ) about cabot. Wonder if they also get £400 if I send a similar letter about Kingshill & Cabot Financial Debt Recovery Services * Cabot Group ......how many Cabots off springs can we link in) this could soon add up.

 

Thoughts?

[debt_mountain]

I’m officially in the Cabot Club. Warming up the legal team on gas mk4.

 

This morning I received a S.A.R - (Subject Access Request) from Cabot in which they purchased a debt 3 months after it became statute barred, no paper work and then started to telephone god knows who for 2 years before starting to phone me late 2006. Approximately 300 calls in total of which I was only aware of about 40 in the last few months. Wonder who they phoned for the first 2 years it wasn’t me!

 

Cabot: “That’s in every contract, that’s what we call a sanity clause.”

Louiboy: “You can’t a fool a me there ain’t no sanity clause”

 

They need to use the spill chucker. I’m of to the Buidling Society to open a Currant Account.

How long did it take them to reply? 40day +.

 

Also did they send copies of all letters ever sent to you?

 

How many calls is harrassment? shurely 300 in 12 months should be harrassment let alone 300 since "late 2006".

 

Can't wait to get my info.

[debt_mountain]

welcome to the club Tamadus. Not sure if Cabot have the bandwidth for another full blown claim, but why do we care about that....go get em.

[debt_mountain]

I was browsing around my credit report with credit expert and found this

in the key explaining the graphics used.

The account is defaulted. You have failed to keep to your credit agreement and have not responded satisfactorily to requests to put your account in order. As a result the credit agreement has ended

 

Is this correct, how do I confirm that if a default has occured the agreement has ended?

[debt_mountain]

well kinshill and cabot cashed my cheque but the people at A&L was £10 for a copy of he cheque. Anyone any ideas how to get it for free. I don't want to give a bank any money I don't have too? Can I say to the bank that I have suspisions the wrong company may have presented it and would they then investigate for free? Explaining to the bank that Kingshill is a dormant company etc. Might do it anyway and see what happens.

 

Mod note;While I understand your emotion please be more careful with words -they are libellous

[debt_mountain]

Hello everyone,

 

If this is the case, then wouldn't they have to inform everyone who has an account/debt with Kingshill No 1 that the debt is now owned by Cabot Financial (UK) Ltd?

 

 

Jeff.

You would think they would have to, unless of course they are trying to dodge the bullits by this change.

 

Are they not now sharing our personal data with a further seperate limited company? yet another breech of the DPA to add to the list.

 

Where is Tbern when you want to read a good long rant!!!!:grin:

[debt_mountain]

Hi all again,

 

 

I'm thinking they are definately trying to dodge the ammo! Perhaps they will now claim people have issued claims against the wrong company!

 

 

Jeff.

I don't think this is a major issue. They are trying this with me but I have prepared an N244 for each of Kinghill and Cabot Europe (will not do one for Cabot UK) explaining why I need to change the original name (due to the alleged misleading behaviour) along with a £35 fee and should they try the "wrong company" just had over the N244 for which ever the judge thinks is appropriate. I have no proof this will work but I will find out at the end of the month.

[debt_mountain]

Sorry I am at work... I can only use my pocket pc to view CAG.Anyway, I think they have done this for us.... Now the can use Cabot Financial headed paper for both companies... Can someone check with the Information Commissioners Office to see if it has changed with them... This getting interesting and shows that we have been right all along... Well done everyone, you have done yourselves proud.... I'll have a proper look into this when I get home tonight

the Information Commissioners Office still shows Kings Hill and Cabot F Europe ltd, no mention of Cabot F (UK) ltd

 

ps, don't know if you have all seen this new Cabot fan club members thread, but excellent result so far (Cabot are having to pay them £50 loss of earnings) as they didn't have the correct paperwork for the case they brought to court!!!http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/64024-kings-hill-no1-ltd.html#post544973

 

just read the last post on that link and guess who raised the proceedings.....Kingshill No 1 Ltd.....so they do actually have a voice

[debt_mountain]

Yes they may swap names and try and keep the same numbers but on the court papers it just says King's Hill No 1 and King's Hill No1 is still King's Hill No1 on the summons no matter what number they give it. So there will be some very interesting explaining to be done by Mr Dean Spencer maestro of the affadavit.

And yes that info re the Fraud business is very very interesting indeed. 15th of Jan...is that Burn's Night?

me being a ScotchGitt I know burns night (excuse for too much Malt) is the 25th. But we could create a maynard night on the 15th to celebrate the change in business fortunes..

 

I guess Mr Spencer will not be at my CSC on the 28th as he may be at the Kingshill case with Bartfink trying to keep them out of HMS care.

[debt_mountain]

You want to burn Ken Maynard? :eek:

I think there are a few in the queue in fornt of me....do you remember the bit in airplanewith the kids that wouldn't stop crying....... :D

[debt_mountain]

If Kings Hill (No.1) put the default on your file you can still send them a CCA, just use their new name. I have already started one claim against them and number 2 will be started in the next two weeks.. Just waiting on some more info

Surely if Kingshill or whoever they are, are recorded on the credit file then they are the ones you need to chase at the moment (Not the new company name), until the hugh machine that is cabot start changing all that info?

 

What will actually happen, Kingshill No 1 are still (Just checked) lodging the CRA info, the company number for Kingshill has changed, so I guess CRAs will see nothing different?

 

I feel another fax to Mr Judge to forewarn them of this additional new twist. Just like keeping Mr Judge aware of the situation.