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

[andrew1]

To be honest I have no answer for that, but I'm following the Link Financial thread which I see you are opening up evn more more arguments - you really don't like these buggers do you?

[tbern123]

I am far from being a legal eagle... Before I go and dig myself into a big hole, I need to know where I stand.

 

I am trying to gather as much info as I can. If I go to court, I am going there to win lol

[tbern123]

Ok, since I have had no response from either Kings Hill No1 Ltd or Cabot Financial (Europe) Limited I have sent a LBA to Mr Kenneth Maynard. He is not only a Director of both of these companies, he is also a Council Member for the Credit Services Association. If anyone else would like to drop him a line, his email address is: kmaynard@cabotfinancial.com I would also cc Cabot: cabotcustomer@cabotfinancial.com, information@cabotfinancial.com Don't forget to check out their corporate website: Cabot Financial

 

Anyway here is my lastest and final letter. Enjoy

 

Without Prejudice

Mr Kenneth Maynard

Kings Hill (No.1) Limited

10 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4LT

 

Dear Mr Maynard

Re: Letter Before Action

 

 

I have very serious concerns regarding Kings Hill No.1 Ltd and Cabot Financial (Europe) Limited. As a Director of both of these Limited companies and as a Council Member of the Credit Services Association, I would appreciate your comments.

 

As you may be aware I have three accounts with Kings Hill No.1 Ltd, for alleged debts that for the record I do not acknowledge.

 

Kings Hill No.1 Ltd have breached my rights under the Credit Consumer Act 1974, the Data Protection Act 1988 and it has shown total disregard for the Office of Fairing Trading Debt Collection Guidelines.

 

Cabot Financial (Europe) Limited have breached my rights under the Data Protection Act 1988. It has shown total disregard for the Office of Fair Trading Debt Collection Guidelines and the Credit Services Association's Code of Practice.

 

I am not sure if this is intentional or due to complete incompetence. As you will appreciate, any breach of my rights under the Credit Consumer Act 1974 and the Data Protection Act 1988 can be deemed a criminal act. To prevent legal proceedings please provide me with the following documentation (if a fee is required for this service, please notify me by return) Failure to provide documentation will be interpreted, as acceptance that it does not exist.

• Failure to comply with the Data Protection Act 1988

Fair Processing Notice

 

As clearly stated on the Information Commissioner?s Office own website http://www.ico.gov.uk/ :

 

Q: What do I need to put in my fair processing notice, which is given to individuals before I process their information?

 

You will need to outline what and how information is going to be processed. This is to make sure the individual knows exactly what is going to happen to their information and how it is going to be used. You shouldn't be doing anything with personal information unless the individual is made aware.

 

Can you please provide me with copies of the Fair Notice Processing notifications previously sent to me by both Kings Hill No.1 Limited and Cabot Financial (Europe) Ltd.

 

Authority to Disclose Information to a Third Party

 

Information relating to my identity, address and my accounts with Kings Hill No.1 Limited have been disclosed to Cabot Financial (Europe) Ltd. Please can you provide me with a copy of my authority for Kings Hill No.1 Limited to disclose my personal data to Cabot Financial (Europe) Ltd.

• Failure to comply with a Credit Consumer Act 1974 request

As I am not in receipt of termination notices for the original consumer credit agreements, I must conclude that as these debts have been assigned to Kings Hill No1 Ltd. It can be deemed as the ?creditor? under the Credit Consumer Act 1974 and must meet the obligations of the original creditor under this act. Please refer to section 189 for confirmation:

 

189. Definitions

"Creditor" means the person providing credit under a credit consumer agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit, includes the prospective creditor'

 

On 8th September 2006, I made a request under sections 77 and 78 of the Credit Consumer Act 1974 for copies of the original agreements. (Please find relevant sections below)

 

77 Duty to give information to debtor under fixed-sum agreement

(4) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled, while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

78 Duty to give information to debtor under running-account credit agreement

a) state of account, and

b) the amount, if any, currently payable under the agreement by the debtor to the creditor

(6) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled, while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

I received a response to my request dated 29thSeptember 2006, from Cabot Financial (Europe) Limited, stating that my request had been received and that it may take a further 8 weeks to provide me with the documentation, I requested.

 

On 16 October 2006, I received a second response to my request. This included copies of credit agreements for Capital Bank and Barclaycard. However, at that time Cabot Financial (Europe) Ltd was still trying to obtain a copy of the HSBC credit agreement. Under the Credit Consumer Act 1974, Kings Hill No1 Ltd are also obligated to provide me with

 

(Extract from the Consumer Credit Act 1974)

 

'a statement signed by or on behalf of the creditor showing, according to the information to which it is practical for him to refer'

 

(a) the state of the, account

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor

 

As stated in an email from Cabot Financial (Europe) Ltd, these were not sent until 31st October 2006. However, these were not signed and as Kings Hill No.1 Ltd is the 'creditor', not Cabot Financial (Europe) Ltd these statements are not valid.

 

To date, almost two months after my initial request I have still not received a copy of the HSBC credit agreement and I have not received any statements directly from Kings Hill No.1 Ltd (or any other correspondence for that matter). Both of which are criminal offences under the Credit Consumer Act 1974.

• Failure to comply with The Office of Fair Trading (OFT) Debt Collection Guidelines

2. Unfair Business Practices

 

2.2 Examples of unfair practices are as follows:

 

e. Failing to provide debtors or creditors with information on status of debts of debts, e.g. not providing requested balance statements when requested.

 

As previously stated, I have been waiting two months for statements from Kings Hill No.1 Ltd

 

2.6 Examples of unfair practices are as follows:

 

i. Disclosing or threatening to disclose debt details to third parties unless legally entitled to do so.

 

Kings Hill No.1 Ltd have without my consent disclosed my debt details to Cabot Financial (Europe) Limited (a third party)

 

2.8 Examples of unfair practices are as follows:

 

f. Passing on debtor details to debt management companies without the debtor?s informed prior consent.

 

As previously explained, Kings Hill No.1 Ltd have without my consent disclosed my debt details to Cabot Financial (Europe) Limited (a third party)

 

i. Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued.

 

I have not been provided with a copy of the HSBC credit agreement or any signed statements from the 'creditor' Kings Hill No.1 Ltd.

• Failure to comply with the Credit Services Association's Code of Practice

As Cabot Financial (Europe) Limited are a member of and you are a Council Member of the Credit Services Association, please note the following breaches:

 

2. General Conduct

e) All members have a duty to ensure that their agents, sub-contractors and subsidiaries comply with the Association?s Code and Guidelines.

 

The relevance of the above extract will become clear in relation to the following breaches...

 

3. Legislation & Guidelines

a) Each member shall conduct its business lawfully, comply with all relevant UK legislation, regulation and judicial decisions and trade fairly and responsibly.

b) Each member shall also comply with Debt Collection Guidance as published by the Office of Fair Trading from time to time.

 

As clearly explained in my previous email by failing to provide the information I have requested, Cabot Financial (Europe) Limited have failed to comply with the Credit Consumer Act 1974 and appear to ignore their obligations under the Debt Collection Guidance of the Office of Fair Trading, by doing so they have also breached this Code of Practice.

 

4. Debt Collection & Default Guidelines

In attempting to carry out collection in default of payment, members of the Association should:

l) Take all possible steps to verify that the person being pursued, is in fact, the debtor.

 

As acknowledged in your email of 31 October 2006, 'When purchasing accounts we are not supplied with any documentation (i.e. copy agreements or statements of account)'. This statement can only be interpreted to mean that Cabot have not taken ANY steps to verify the identify of the debtor.

 

r) Where a debt or the sum owed is disputed, as soon as is practicable, supply information to the debtor in support of the claim. Where no information has been supplied by the creditor, obtain the required support, or failing that cease collection action.

 

I first requested information over 51 days ago.

 

7. Complaints

IV. Complainants must be advised that one of the remedies is referral of the complaint to the Association where appropriate.

 

I would like to categorically state that Cabot, have NEVER advised me that I can refer my complaint to the Credit Services Association.

 

As detailed, both Kingshill No.1 Ltd and/or Cabot Financial (Europe) Limited have breached The Data Protection 1988, The Credit Consumer Act 1974, Credit Services Association?s Code of Practice and shown total disregard for the Office of Fair Trading, Debt Collection Guidelines.

 

You will appreciate these breaches have caused me both distress and inconvenience. To rectify this situation, I request that my credit file is sponged of any and all information provided by Kingshill No.1 Ltd and I am financially compensated.

 

If you fail to agree to the above proposal, I will be forced to make the relevant authorities, including but not limited to Trading Standards, Credit Services Association, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman, The Financial Services Authority, My Local MP and The National Press aware that you have committed a criminal act. I will also be forced to instigate legal proceedings.

 

 

 

Has anyone got a link for the consumer credit (agreements) regulations 1983.... Really need to have a read...

 

Thanks

[Beserker]

Just browsing your thread, these sound like a right bunch of tissers but should you be putting "without prejudice" on a LBA. You might want to produce this in court to show that you had been reasonable in trying to find a solution.

[tbern123]

Just browsing your thread, these sound like a right bunch of tissers but should you be putting "without prejudice" on a LBA. You might want to produce this in court to show that you had been reasonable in trying to find a solution.

 

Mmmmm maybe. If this does go to court my main evidence though will be the email from Cabot detailed in post 21. They admit everything and virtually say they don't care....

[debt_mountain]

tbern

 

Like the letter, go get em boy!!!

 

I have a similar set of data colated form my court appearance.

 

The kingshill/cabot thing is a cracker more smoke and mirrors, wonder how the judge will view all of this. I have taken Cabot to court (before I knew about the Kingshill ownership - which I only got fom this site as Cabot have never even responded in any way whatsoever) so now I think my case is even better.

 

Cabot have not got my permission to do anything with my data (so how did they get my account details to contact me in the first place?) although kingshill do all the credit reference stuff, but my payments were to Cabot (but they don't own the debt (or atleast I don't actually know if they do or not)), I was never informed they were assigned the debt to Cabot so what were they doing collecting on it.

 

Wonder what their defence will be.

 

Friday coming the clock stops ticking. Hopefully mid week next week I will have their defence and will share it for assistance from you fine folks.

 

The plot thickens...

[tbern123]

Same here Debt Mountain, until I joined CAG I never gave the situation a second thought.

 

I am really looking forward to see what there defence is.... Did you do your claim via mcol ?

[debt_mountain]

IDid you do your claim via mcol ?

 

My claim had to be done using the N1 and posting it as the claim was for an English firm and I live in Scotland.

 

Tick Tock Tick Tock.

[andrew1]

tbern

 

Like the letter, go get em boy!!!

 

I have a similar set of data colated form my court appearance.

 

The kingshill/cabot thing is a cracker more smoke and mirrors, wonder how the judge will view all of this. I have taken Cabot to court (before I knew about the Kingshill ownership - which I only got fom this site as Cabot have never even responded in any way whatsoever) so now I think my case is even better.

 

Cabot have not got my permission to do anything with my data (so how did they get my account details to contact me in the first place?) although kingshill do all the credit reference stuff, but my payments were to Cabot (but they don't own the debt (or atleast I don't actually know if they do or not)), I was never informed they were assigned the debt to Cabot so what were they doing collecting on it.

 

Wonder what their defence will be.

 

Friday coming the clock stops ticking. Hopefully mid week next week I will have their defence and will share it for assistance from you fine folks.

 

The plot thickens...

 

Fristly Debt Mountain, Kingshill would not have ' assigned ' the debt to Cabot - they say Cabot Financial (Europe) Ltd are their 'Managing agents' ie: like a service company within the group, but they have passed your data from one company to the other without your permission.

 

 

tbern - just one thing in your letter that you might like to change in the letter - its the Consumer Credit Act not Credit Consumer Act just a typo and they will know what you mean but you might as well not give them any excuses to think you don't know what you are talking about !

[andrew1]

Ok, since I have had no response from either Kings Hill No1 Ltd or Cabot Financial (Europe) Limited I have sent a LBA to Mr Kenneth Maynard. He is not only a Director of both of these companies, he is also a Council Member for the Credit Services Association. If anyone else would like to drop him a line, his email address is: kmaynard@cabotfinancial.com I would also cc Cabot: cabotcustomer@cabotfinancial.com, information@cabotfinancial.com Don't forget to check out their corporate website: Cabot Financial

 

Anyway here is my lastest and final letter. Enjoy

 

Without Prejudice

Mr Kenneth Maynard

Kings Hill (No.1) Limited

10 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4LT

 

Dear Mr Maynard

Re: Letter Before Action

 

 

I have very serious concerns regarding Kings Hill No.1 Ltd and Cabot Financial (Europe) Limited. As a Director of both of these Limited companies and as a Council Member of the Credit Services Association, I would appreciate your comments.

 

As you may be aware I have three accounts with Kings Hill No.1 Ltd, for alleged debts that for the record I do not acknowledge.

 

Kings Hill No.1 Ltd have breached my rights under the Credit Consumer Act 1974, the Data Protection Act 1988 and it has shown total disregard for the Office of Fairing Trading Debt Collection Guidelines.

 

Cabot Financial (Europe) Limited have breached my rights under the Data Protection Act 1988. It has shown total disregard for the Office of Fair Trading Debt Collection Guidelines and the Credit Services Association's Code of Practice.

 

I am not sure if this is intentional or due to complete incompetence. As you will appreciate, any breach of my rights under the Credit Consumer Act 1974 and the Data Protection Act 1988 can be deemed a criminal act. To prevent legal proceedings please provide me with the following documentation (if a fee is required for this service, please notify me by return) Failure to provide documentation will be interpreted, as acceptance that it does not exist.

• Failure to comply with the Data Protection Act 1988

Fair Processing Notice

 

As clearly stated on the Information Commissioner?s Office own website http://www.ico.gov.uk/ :

 

Q: What do I need to put in my fair processing notice, which is given to individuals before I process their information?

 

You will need to outline what and how information is going to be processed. This is to make sure the individual knows exactly what is going to happen to their information and how it is going to be used. You shouldn't be doing anything with personal information unless the individual is made aware.

 

Can you please provide me with copies of the Fair Notice Processing notifications previously sent to me by both Kings Hill No.1 Limited and Cabot Financial (Europe) Ltd.

 

Authority to Disclose Information to a Third Party

 

Information relating to my identity, address and my accounts with Kings Hill No.1 Limited have been disclosed to Cabot Financial (Europe) Ltd. Please can you provide me with a copy of my authority for Kings Hill No.1 Limited to disclose my personal data to Cabot Financial (Europe) Ltd.

• Failure to comply with a Credit Consumer Act 1974 request

As I am not in receipt of termination notices for the original consumer credit agreements, I must conclude that as these debts have been assigned to Kings Hill No1 Ltd. It can be deemed as the ?creditor? under the Credit Consumer Act 1974 and must meet the obligations of the original creditor under this act. Please refer to section 189 for confirmation:

 

189. Definitions

"Creditor" means the person providing credit under a credit consumer agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit, includes the prospective creditor'

 

On 8th September 2006, I made a request under sections 77 and 78 of the Credit Consumer Act 1974 for copies of the original agreements. (Please find relevant sections below)

 

77 Duty to give information to debtor under fixed-sum agreement

(4) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled, while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

78 Duty to give information to debtor under running-account credit agreement

a) state of account, and

b) the amount, if any, currently payable under the agreement by the debtor to the creditor

(6) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled, while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

I received a response to my request dated 29thSeptember 2006, from Cabot Financial (Europe) Limited, stating that my request had been received and that it may take a further 8 weeks to provide me with the documentation, I requested.

 

On 16 October 2006, I received a second response to my request. This included copies of credit agreements for Capital Bank and Barclaycard. However, at that time Cabot Financial (Europe) Ltd was still trying to obtain a copy of the HSBC credit agreement. Under the Credit Consumer Act 1974, Kings Hill No1 Ltd are also obligated to provide me with

 

(Extract from the Consumer Credit Act 1974)

 

'a statement signed by or on behalf of the creditor showing, according to the information to which it is practical for him to refer'

 

(a) the state of the, account

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor

 

As stated in an email from Cabot Financial (Europe) Ltd, these were not sent until 31st October 2006. However, these were not signed and as Kings Hill No.1 Ltd is the 'creditor', not Cabot Financial (Europe) Ltd these statements are not valid.

 

To date, almost two months after my initial request I have still not received a copy of the HSBC credit agreement and I have not received any statements directly from Kings Hill No.1 Ltd (or any other correspondence for that matter). Both of which are criminal offences under the Credit Consumer Act 1974.

• Failure to comply with The Office of Fair Trading (OFT) Debt Collection Guidelines

2. Unfair Business Practices

 

2.2 Examples of unfair practices are as follows:

 

e. Failing to provide debtors or creditors with information on status of debts of debts, e.g. not providing requested balance statements when requested.

 

As previously stated, I have been waiting two months for statements from Kings Hill No.1 Ltd

 

2.6 Examples of unfair practices are as follows:

 

i. Disclosing or threatening to disclose debt details to third parties unless legally entitled to do so.

 

Kings Hill No.1 Ltd have without my consent disclosed my debt details to Cabot Financial (Europe) Limited (a third party)

 

2.8 Examples of unfair practices are as follows:

 

f. Passing on debtor details to debt management companies without the debtor?s informed prior consent.

 

As previously explained, Kings Hill No.1 Ltd have without my consent disclosed my debt details to Cabot Financial (Europe) Limited (a third party)

 

i. Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued.

 

I have not been provided with a copy of the HSBC credit agreement or any signed statements from the 'creditor' Kings Hill No.1 Ltd.

• Failure to comply with the Credit Services Association's Code of Practice

As Cabot Financial (Europe) Limited are a member of and you are a Council Member of the Credit Services Association, please note the following breaches:

 

2. General Conduct

e) All members have a duty to ensure that their agents, sub-contractors and subsidiaries comply with the Association?s Code and Guidelines.

 

The relevance of the above extract will become clear in relation to the following breaches...

 

3. Legislation & Guidelines

a) Each member shall conduct its business lawfully, comply with all relevant UK legislation, regulation and judicial decisions and trade fairly and responsibly.

b) Each member shall also comply with Debt Collection Guidance as published by the Office of Fair Trading from time to time.

 

As clearly explained in my previous email by failing to provide the information I have requested, Cabot Financial (Europe) Limited have failed to comply with the Credit Consumer Act 1974 and appear to ignore their obligations under the Debt Collection Guidance of the Office of Fair Trading, by doing so they have also breached this Code of Practice.

 

4. Debt Collection & Default Guidelines

In attempting to carry out collection in default of payment, members of the Association should:

l) Take all possible steps to verify that the person being pursued, is in fact, the debtor.

 

As acknowledged in your email of 31 October 2006, 'When purchasing accounts we are not supplied with any documentation (i.e. copy agreements or statements of account)'. This statement can only be interpreted to mean that Cabot have not taken ANY steps to verify the identify of the debtor.

 

r) Where a debt or the sum owed is disputed, as soon as is practicable, supply information to the debtor in support of the claim. Where no information has been supplied by the creditor, obtain the required support, or failing that cease collection action.

 

I first requested information over 51 days ago.

 

7. Complaints

IV. Complainants must be advised that one of the remedies is referral of the complaint to the Association where appropriate.

 

I would like to categorically state that Cabot, have NEVER advised me that I can refer my complaint to the Credit Services Association.

 

As detailed, both Kingshill No.1 Ltd and/or Cabot Financial (Europe) Limited have breached The Data Protection 1988, The Credit Consumer Act 1974, Credit Services Association?s Code of Practice and shown total disregard for the Office of Fair Trading, Debt Collection Guidelines.

 

You will appreciate these breaches have caused me both distress and inconvenience. To rectify this situation, I request that my credit file is sponged of any and all information provided by Kingshill No.1 Ltd and I am financially compensated.

 

If you fail to agree to the above proposal, I will be forced to make the relevant authorities, including but not limited to Trading Standards, Credit Services Association, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman, The Financial Services Authority, My Local MP and The National Press aware that you have committed a criminal act. I will also be forced to instigate legal proceedings.

 

 

 

Has anyone got a link for the consumer credit (agreements) regulations 1983.... Really need to have a read...

 

Thanks

 

 

 

 

tbern, just highlighted what I think need as look at - also ' state of account' does that read ' statement of account'?

 

sarah

[tbern123]

Dam it, should have looked more closely

[tbern123]

Still nothing from Cabot / Kingshill

 

 

Now when I want to hear from them I get the slient treatment... Not even a thank you for my email....

[NailPost]

I realise you want to have everything against Cabot/Kingshill copper bottomed and wish you all the best of luck but don't extend your timetable. You have said do this by a certain date or I will take action then send another e-mail which allows the big cheese time to respond. Either they've done what you told them or they've not. Whichever it is you either leave them alone or take the promised action. Cabot/Maynard could ignore your e-mail.

 

I would also caution against putting too much reliance on the Credit Service Association. They are a trade body set up to protect the debt collecting fraternity. A jolly little boys club where they get together and gloat over a few beers. It would not be in their interests to slap one of the biggest members. Concentrate your fire on the statutory bodies.

[andrew1]

Silence is golden my friend - GOLDEN

[tbern123]

I would also caution against putting too much reliance on the Credit Service Association. They are a trade body set up to protect the debt collecting fraternity. A jolly little boys club where they get together and gloat over a few beers. It would not be in their interests to slap one of the biggest members. Concentrate your fire on the statutory bodies.

 

Thanks I guessed that as the Council Members and Chairman are all Directors of DCA's, but a little bad pubilicty will do them good

[tbern123]

Silence is golden my friend - GOLDEN

 

True, but Debt Mountain is due to hear about their defence on Wednesday, so I am trying to beat him in getting a response...

 

Nothing like a little harmless competition lol

[debt_mountain]

I got the defence in the post today. I am just typing it up and adding some comments. I will post it in my cabot thread once my son is in his scratcher.

 

The defence is fairly easy to predict..........

[tbern123]

I was hoping that they wouldn't defend....

 

Oh well, I'll keep an eye on your thread... Do you know what your next move will be ?

[debt_mountain]

I have added the defence text with comments to the Cabot thread in my signature.

[tbern123]

Thanks, I'll go and have a read now...

[tbern123]

Welcome to the latest instalment on this saga…..

 

I wrote an email to Mr Maynard quoting Kings Hill No.1 Ltd address c/o Cabot Financial (Europe) Limited.

 

I received a very nice letter today from Ms Sue Pratt, Customer Assurance Advisor, Customer Relations, Cabot Financial (Europe) Limited. (Not Kings Hill (No.1) Ltd) lol

 

Anyway, here is her response:

 

Dear Mr xxx

 

I have been asked to respond to letter dated 5 November 2006 by our Mr Ken Maynard, Chief Executive.

 

(this is a true quote from the letter, mistakes included)

 

Initially I would like to apologise on behalf of Cabot Financial (Europe) Limited (“Cabot”) for the upset and inconvenience this matter has caused.

 

(Nice of them, but my complaint was addressed to Kings Hill (No.1) Ltd, not Cabot)

 

These accounts were sold as part of an assignment of debts to Kings Hill (No.1) Ltd, part of the Cabot Financial Group by HSBC, The Bank of Scotland and Barclaycard and the status of each account is as follows:-

 

• The HSBC account xxxx was sold to Cabot on 2 May 2006 with an outstanding balance of xxx. The originator registered a default on 15 June 2000 due to non-payment of the outstanding debt. Since our ownership no payments have been received.

(Erm, someone is getting confused “our ownership” They previously state “These accounts were sold as part of an assignment of debts to Kings Hill (No.1) Ltd”)

 

• The Bank of Scotland Loan account xxxx was sold to Cabot on 28 November 2004 with an outstanding balance of xxxx. Since our ownership no payments have been received

( Again….“our ownership” They previously state “These accounts were sold as part of an assignment of debts to Kings Hill (No.1) Ltd”)

 

 

· The Barclaycard Visa account xxxx was sold to Cabot on 1 November 2004 with an outstanding balance of xxxx. The originator registered a default on 21 January 2001 due to non-payment of the outstanding debt. On 15 December 2004 you discussed a repayment plan with us of xxxx per month over xx months but no payment received.

(I have never discussed, either this debt or a repayment plan.)

 

(The only default on my credit file for Kings Hill (No.1) Ltd. Company Name: Kings Hill (No 1) Ltd, Started: 4/2/2000, Defaulted 21/01/02. Someone has got their dates confused.)

 

 

 

I note from our records that we have your email request for further information and for all communication to be in writing.

 

(I have still not received after two months, a copy of the HSBC credit agreement.)

 

Our first correspondence from you was received on 11 September 2006 when you requested that all future communication be in writing. My letter of 11 September 2006 confirmed that your telephone numbers had been removed from our automatic dialler and that the request for copies of the signed agreements had been referred to our Customer Relations Department. Cabot did not feel that your complaint needed to be referred to the Credit Services Association as we had complied with your request for additional information and confirmed it has been ordered.

 

(Their actual response was:

“A copy of your email has been passed to our Customer Relations Department to action your request for further information. I can confirm that today i have removed your telephone numbers from our records and all future communications will be in writing.”)

 

On 12 September 2006 you were advised by our Customer Relation Department that the additional information you required from each of the creditors might take some weeks to retrieve)

 

(As previous posted in this thread. I received 3 letters from Cabot Financial (Europe) Limited, dated 29 September 2006. These letters state that they need to contact each creditor. No correspondence received on 12 September 2006.)

 

To date we have obtained and sent you a copy of the signed agreement for the Bank of Scotland loan account and Barclaycard Visa account. Our Customer Relations Department has again today chased each of the creditors for the remaining information not yet received. I can confirm once the payment breakdown (statements) for each account is received they will forwarded directly to you.

 

(No mention, of the still outstanding HSBC credit agreement. They have waited 2 months before chasing up the information, I requested.)

 

I can confirm that we are not the originator of the debts and are reliant on the retrieval of the information from each of the creditors. You have stated that under the Credit Consumer Act 1974 Sections 77 and 78 that as we have not supplied copies of the original agreements within the appointed time and therefore cannot be enforced. Cabot has sough advice from Trading Standards who have confirmed this does not apply to us, as we were not the “creditor” and the accounts have defaulted.

 

(My local Trading Standards, are the same as “Cabot” and I have also sought advice from them. It is true that “Cabot is not the “creditor”. However, as stated in the CCA 1974 Kingshill (No.1) Ltd are the current “creditor”:

 

189. Definitions

"Creditor" means the person providing credit under a credit consumer agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit, includes the prospective creditor'

 

“Cabot” have previous confirmed in writing that these debts have been assigned to Kingshill (No.1) Ltd.)

 

You state that we do not have your consent to disclose information to a third part unless we are legally entitled to do so. Under the terms of the credit agreement (which you do not deny signing) for HSBC, The Bank of Scotland and Barclaycard you gave your authority for each of the accounts to be passed to a third party. You feel that Cabot Financial is a third party but as advised at the beginning of this letter Kingshill (No.1) Ltd is part of the Cabot Group.

 

(As they have been unable to obtain a copy of the signed agreement for HSBC, how do they know my authority was given? Authority may have been given in the original credit agreement for information to be passed to a Debt Collection Agency (in this instance Kingshill (No.1) Ltd). However, authority was not given for them to then pass my information onto another company.

 

We are confident that we have not breached any of the legislative requirements you refer to you in your letter and therefore refute your assertion that any compensation is payable.

 

(Quoted inclusive of mistakes)

(They are adament that they have not breached any of my rights under the Data Protection Act 1988, CCA 1974 or the HRA 1998.)

 

Once again I must apologise for the time delay in retrieving the request information but unfortunately we are reliant on the originator to obtain this from the archives.

 

Should you have any further queries relating to this matter, please do not hesitate to contact me on xxxxxxxx

[lookinforinfo]

There appears to be a curious synergy between these two companies.

On the one hand, you write to Kingshill, they respond from Cabot, [breach

of DPA?]. So here the inference is the two companies are the same. This

they think gives them the right to disclose information etc back and forward to each other.

Of course the advantage of responding as Cabot was that they could confirm that they were not in breach of the CCA. So now the companies are

separate entities.

It must be wonderful to have it both ways.

[tbern123]

There appears to be a curious synergy between these two companies.

On the one hand, you write to Kingshill, they respond from Cabot, [breach

of Data Protection Act?]. So here the inference is the two companies are the same. This

they think gives them the right to disclose information etc back and forward to each other.

Of course the advantage of responding as Cabot was that they could confirm that they were not in breach of the CCA. So now the companies are

separate entities.

It must be wonderful to have it both ways.

 

lol, very true. But if they are unable to seperate the two limited companies, how am I ?

[debt_mountain]

There appears to be a curious synergy between these two companies.

On the one hand, you write to Kingshill, they respond from Cabot, [breach

of Data Protection Act?]. So here the inference is the two companies are the same. This

they think gives them the right to disclose information etc back and forward to each other.

Of course the advantage of responding as Cabot was that they could confirm that they were not in breach of the CCA. So now the companies are

separate entities.

It must be wonderful to have it both ways.

 

The defence they have submitted for my claim against them is exactly this. They say I have not sent my CCA to the correct company, although they do kindly tell me the name of the correct company...how do they now who the correct company is if both companies are adhering to the data protection act.

 

I am looking forward to my (our CAG) day in court.

[tbern123]

We are confident that we have not breached any of the legislative requirements you refer to you in your letter and therefore refute your assertion that any compensation is payable.

(The information below is just my thoughts, not those of CAG and any criminal acts are alledgedly committed in theory until proven in Court)

 

This is what I am thinking: (Can you please read and advise THANKS!! )

 

In relation to Cabot Financial (Europe) Limited

 

I would claim a breach of my right of privacy under article 8 of the HRA 1998 by Cabot Financial (Europe) Limited. I also feel that they have committed an offence/s by the processing of my personal data (as defined by the Data Protection Act 1988

 

In relation to the alleged HSBC debt, Cabot Financial (Europe) Limited have been unable to provide evidence of the agreement by me to enter in a Consumer Credit Agreement. As such is unable to establish that my consent had been given to process personal data (as defined by Data Protection Act 1998and has committed an office under the Data Protection Act 1988 (schedule 2. 1 The data subject has given his consent to the processing.).

 

Now in relation to Kings Hill (No.1) Ltd

 

Kings Hill (No1) Ltd have committed an offence/s under the CCA 1974 s77, in relation to requests made by the me for documentation. I was forced to contact them via their appointed agent as they had failed to provide contact details and instructed me to send correspondence to their appointed agent, Cabot Financial (Europe) Ltd. Their offence is acknowledged and confirmed by their appointed agent Cabot Financial (Europe) Ltd

 

Kings Hill (No1) Ltd have committed an offence/s under the CCA 1974 s78, in relation to requests made by the me for documentation. I was forced to contact thme via their appointed agent as they failed to provide contact details and instructed me to send correspondence to their appointed agent, Cabot Financial (Europe) Ltd. Their offence is acknowledged and confirmed by their appointed agent Cabot Financial (Europe) Ltd

 

Kings Hill (No1) Ltd have committed an offence/s under the CCA 1974 s97, in relation to requests made by the me for documentation. I was forced to contact them via their appointed agent as they failed to provide contact details and instructed me to send correspondence to their appointed agent, Cabot Financial (Europe) Ltd. Their offence is acknowledged and confirmed by their appointed agent Cabot Financial (Europe) Ltd.

 

Kings Hill (No1) disclosed personal data (as defined by the Data Protection Act 1988 to their appointed agent, Cabot Financial (Europe) Ltd, regarding myself. Without notification to or authorisation from me Confirmed by correspondence received from their appointed agent Cabot Financial (Europe) Ltd

 

I claim breach of my right of privacy under article 8 of the HRA 1998 by them. They have committed an offence/s by the disclosure of personal data (as defined by the DPA 1988 to their appointed agent, Cabot Financial (Europe) Ltd. Confirmed by correspondence received from their appointed agent Cabot Financial (Europe) Ltd.

 

In relation to an alleged HSBC debt, they has been unable to provide evidence of the agreement by me to enter in a Consumer Credit Agreement. As such is unable to establish that my consent has been given to process personal data (as defined by DPA 1998 and has committed an office under the DPA 1988 (schedule 2. 1 The data subject has given his consent to the processing.). Confirmed by correspondence received from their appointed agent Cabot Financial (Europe) Ltd.

 

Their appointed agent, Cabot Financial (Europe) Ltd has conceded, that the default was registered against me without sight of credit agreement or any other supporting documentation. Confirmed by correspondence received from their appointed agent Cabot Financial (Europe) Ltd.