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

[make them aktiv runners]

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[Seahorse]

Aktiv, I don't see how they CAN be separate companies, and I don't think we should get caught up too much in this bit. KH BECAME UK, same company, different name, same company number, as far as I'm aware. The only thing that should concern us I think, is the reason for the name change. And even that is probably less urgent at the moment as I think we have that one covered from way back. I wouldn't want us to get sidetracked.

[Seahorse]

And NO, one part of Cabot doesn't have the rights, and the other the duties. UK are the owners, ergo new creditor complete with baggage. Europe has NO claim to anything, other than being appointed collecting agents for UK. Legally at any rate, in practice another thing entirely.

 

This is all old stuff.

[debt_mountain]

sorry

Is CabotFG ok? have they been found out? anyone know? Staff turnover there must be high:)

[Guest Battleaxe]

Why has CabotFG edited all his/her posts, weren't they relevant to the thread?

 

Just trying to get my head around the Cabot spiderweb.

[ODC]

Call me a cynic but maybe someone at Cabot Towers was selling red herrings and trying to divert the issue. It could be that they are not as clever as they seem to think they are

[debt_mountain]

Call me a cynic but maybe someone at Cabot Towers was selling red herrings and trying to divert the issue. It could be that they are not as clever as they seem to think they are

Cynic!!! but that was one of my first thoughts when they arrived. Are they not in breech of the forums t/c's. Can we sue them for that too?

[Guest Battleaxe]

My goodness wasn't the poster a genuine victim of Cabot's? I don't believe that, am I that naive? My faith in human nature could be shattered. i thought everyone here tried to help each other.

[Seahorse]

He/she'll be back. I think it's genuinely someone with a conscience.

[make them aktiv runners]

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[make them aktiv runners]

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[Seahorse]

What I THINK happens is, everything is assigned to new owner (UK), but in reality, all UK business is dealt with by Europe. Irrespective of whether they have a right to it or not. That MUST be how it works. Unless our Ken personally deals with every bit of business and hands it to Europe. Which just isn't going to happen.

 

Let's not all get caught up in this. We KNOW this is what happens in our own mind. If we assert so in any action we take, then UK CANNOT refute these allegations should it get as far as court.

 

As far as I'M concerned (and I made the point a while back in an email to WW), I do not recognise the right of Europe to process my data, ergo I shall no longer correspond with Europe. If UK want to make any progress, they MUST communicate with me direct. As there are nio UK employees, the chances of that happening are pretty much zilch. So I'm hoping their next response is, set Hodsons on me. Although I'd imagine if that happened, it would actually be Cabot (yes, singular coz we all know there is only one bunch of employees) who send me the letter, based on recent info.

[ODC]

Then where does Cabot Europe get the Authority to pass my alleged debt to Robinson Way to demand payment for their clients Cabot Europe. Surely Robinson Way are not part of the evil axis so presumably Cabot should not be sharing my data with them. Maybe Ken and Co are fed up with me ignoring them

[Seahorse]

They DON'T have any authority to do so, unless they can produce an agreement showing that you authorised said sharing.

[make them aktiv runners]

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[elizabeth1]

As far as I'M concerned (and I made the point a while back in an email to WW), I do not recognise the right of Europe to process my data, ergo I shall no longer correspond with Europe. If UK want to make any progress, they MUST communicate with me direct. As there are nio UK employees, the chances of that happening are pretty much zilch. So I'm hoping their next response is, set Hodsons on me. Although I'd imagine if that happened, it would actually be Cabot (yes, singular coz we all know there is only one bunch of employees) who send me the letter, based on recent info.

 

 

Yes this is right - Cabot's actaully issue the Hodsons Letters "HD005" is actually a template so it appears!!

 

Looks like the only involvement with the Hodsons crew are where Dean Spencer signs Court Claims and so forth?

 

Pretty shoddy set up for any Solicitors group allowing a DCA to use templates withtheir name on isn't it?

[Seahorse]

Saves them having to employ so many of their own staff, tho.

[ODC]

I wonder would the Law Society be interested in 'Solicitors' signing letters demanding money that they cannot prove is actually owed. I.E. Threats of all sorts without a CCA:rolleyes:

[Rhia]

I know someone who has started a complaint against a solicitor in regard to this activity. I think we should complain the their professional bodies both the Law Society and ILEX and keep the pressure on. They do have a responsibility to ensure that debt collection is made carefully and that means checking out the legality of what they are attempting to recover.

[ODC]

I bet their signatures are used without their consent most of the time on preprinted threat letters. Im sure their regulatory bodies would be impressed with the standard of some of the rubbish their name is put to

[Seahorse]

I think Liz needs to become more animated...

 

[elizabeth1]

I know someone who has started a complaint against a solicitor in regard to this activity. I think we should complain the their professional bodies both the Law Society and ILEX and keep the pressure on. They do have a responsibility to ensure that debt collection is made carefully and that means checking out the legality of what they are attempting to recover.

 

 

It seems this is where to look at the ILEX (Institute of Legal Executives) complaints form and procedures etc..

 

ILEX - Professional Issues - A Guide To The Ilex Complaints Handling Procedures

 

YOU SEE IT COMES TO LIGHT THAT THERE OUGHT TO BE CERTAIN "PRE ACTION PROTOCOLS" followed by solicitors etc.. leading up to their Filing claims etc.. ? (a bit like with the banks we do pre lim, LBA etc.. then MCOL - we have followed a process prior to actions in court?)

 

 

Now it comes to light that the "HD005" LBA letters FROM Hodsons are a mere template issued by Hodsons Clients "Cabots" as a 7DAY LBA - So with this information at hand it clearly shows our "friends" at Hodsons have never contacted us themselves prior to any court actions?

 

Then it follows that when Hodsons are challenged in the AQ reply of their "court claims" against us/ a person regarding the supporting paperwork CCA, deed of assignments etc.. (which if they are taking a person to court - Hodsons will be smart enough to have at hand anything relevant to support the claims they are making against any person? )

 

Hodsons do not see fit to answer to any correspondance throughout the "court claims" they issue to either the Defendants or to the Courts - they totally ignore any correspondance from the Defendants and the Courts Orders to supply and file relevant information that they intend to rely upon in court. It's at this stage that the Judge strikes them out - because they ignore all questions asked by the Defendants!!

 

Seems this company are relying upon the "Defendants" not knowing their rights? This company are fully aware of what they are doing in many of these claims - perhaps it's just a rare occurance where onyone has asked questions?

 

BUT - I reckon it needs drawing to the attention of ILEX as this company are basically "winging it" ? There are "pre court protocols" that out to be in place and this company are clearly ignoring them. Somehow I do not think that allowing their "clients Cabots" to issue a 7day LBA is what could be called a "Pre Court Protocol".

[elizabeth1]

I think Liz needs to become more animated...

 

 

 

 

So how does that look?

[Seahorse]

You don't want to know.

[Jeff2000]

Seems this company are relying upon the "Defendants" not knowing their rights? This company are fully aware of what they are doing in many of these claims - perhaps it's just a rare occurrence where anyone has asked questions?

 

 

 

Hi liz,

 

 

When you think about it, how many people out of the many thousands that have "alleged" debts now with DCA's, even realise there is such a thing as a CCA request? Or even a SAR?

 

80%, 90% or possibly more!

 

 

 

12 months ago I didn't have clue about anything we now discuss here!!!

 

 

Therefore, it is worth the DCA's chancing their arm! Most people either admitting to the debt, or failing to defend at all!

 

 

Best wishes, Jeff.