Cabot again !!! Urgent Help Needed *** WON ***

[tbern123]

Originally Posted by andrew1

Not yet but I have written to them, be interesting to see who replies.

Sarah

This is my current train of thought.... Kingshill (No.1) Limited have appointmented Cabot Financial (Europe) Limited to act as their agents.

Good for them, but I think it is time to cut out Cabot Financial (Europe) Limited out and only deal with Kingshill (No.1) Limited as there is no reason why we should have to deal with their appointed agent.

As far as possible court action is concerned, I am considering taking both to court as they are DIFFERENT companies

Kingshill (No.1) Limited

They did not provide me with a Fair Processing Notice, when they purchased these alleged debts, they have passed my personal data onto another company without my consent or prior notification. Failure to provide notification of default, Failure to comply with Credit Consumer Request.

Cabot Financial (Europe) Limited

They did not provide me with a Fair Processing Notice,when they gained access to my personal information. They have stored and processed my data without notification of my consent.

I have never recevied any correspondance from Kingshill, I don't have an email address or a telephone number for this company and even after a google search all I can find is a postal address. I only have Cabot's word that they have been appointed as agents. The Information Commissioners Office are checking some information for me in relation to the disclosure of information between these two companies. Once they come back to me, I'll have a better idea of where I stand.

I am not going to let this go, I want something positive to come out of what has been going on

Any advice from legal experts, would be greatly appreciated

[lookinforinfo]

Originally Posted by andrew1

What you find LFI is that the minute the debt is bought by the DCA they appear to whack a default onto your credit file because in their eyes the account is in default when they take it on. The original lender SHOULD take their default off, but as happens and did with one of mine both appear on your file. You do not need to have had a ccj to obtain a default. Defaults are generally applied if the debtor gets 2 or 3 months behind in payments. The creditor is supposed to write telling you that if the arrears are not paid in x days then a default will be registered.

The irritating thing about dca's ( apart from the obvious ) is that they do not write and a) tell you they have the right to collect the debt b) ask your permission to process your data (Data Protection Act rules) c) give you notice they are putting a default on or give you the opportunity to challenge it.)

Thanks for that Andrew. But surely both the dca and the cra run a great risk by
applying a default immediately after acquiring a debt. What is the legality for
that action when they have not established if the debt is owed by the debtor,
nor is there a debt repayment sceme in place for the debtor to default on. And as
you say they neither have the permission of the debtor to process his data, nor
even if the debtoe recognisesthat the new creditor is actually his creditor.[please
excuse the sexism, I do of course mean his or her when I say his-when in doubt
or talking generally, I revert to the masculine].

If the dca gets it wrong, then the cra is also liable for defamation as well as
breaches of the Dta Protection Act- so why can they get away with it? And why
do the cras collude when they are at risk also?

[andrew1]

Actually LFI (Hope that's not sexist ) Since taking up on Cabot and looking at my credit file I have become increasingly 'interested' in precisely what you have surmised. tbern has got the passion since I mentioned it an actually taken a lead in applying to the Information Commissioner to find out the nitty's of this. I have spoken myself to the Information Commissioner but nothing formally. Having run businesses I know that to sue a company you have to get the right one, I suffered precisely that when I tried to sue ICL the computer company and ended up 'assuming' the company I was dealing with was the company I sue. Not so, seperate Ltd co's - go back to GO and start again!
Hence, what is this myriad of companies Cabot have for? They refer to 'Cabot Financial Group' in their letters - no such company. Perhaps they have some ' trading as' styles but nothing is displayed publically. It was a known accounting practice to sometimes have ' service companies' within a group to protect the holding companies. I am not alleging that Cabot would do anything of the sort, but it certainly makes one wonder why Kingshill No1 Ltd buy the debt but never write a letter.They (kingshill) lodge the default with the CRA's without, as you say, ever writing to the debtor this must be a breach of the Data Protection Act and the CCA even if another company in the group has written.

I am awaiting the response from Kingshill to see what they come up with following my request to identify who they are on my credit file and we'll see what we do next but like tbern I am beginning to get my teeth into this one on principal because these guys threw the book at me once and I feel like they are going pay. I'll take it to the wire with them.

As for the CRA's, well, I think it has become apparent from the tyrade of postings that the CRA's do as they are told by their paymasters. They certainly should take more responsibility for the accuracy of the data they are posting into the public financial domain. It costs us all dearly in additional interest % rates. My son 30 yrs old never had a financial problem in his life wanted a first time buyers mortgage, solid job for 7yrs good income. He dumped a Hutchinson phone because it never worked, refused to pay a bill 3 yrs ago and he bought an 02 phone instead. He actually then paid Hutchinson. Hutchinson placed a default on his file and he never knew it and now will not remove it ( enter surelybonds letters!). Nationwide BS refused him a first time buyers mortgage because of it and he's had to pay £1500 over three years more to get one from HSBC - THAT's where it is all wrong.

In a previous posting I mentioned speaking to Experian & Equifax, one said Kingshill No1 Ltd was their client and never heard of Cabot and the other said it was Cabot Financial (Europe)Ltd who were their client. They just dump defaults on your file without question. I just had one from wescot on a debt just sold by a cc co., not a word about it. I had no agreement with wescot, I was told by Wescot they had bought the debt and that was it - usual payup or be squashed letter. But the default was promptly placed upon my credit files so I CCA'd wescot and have heard nothing since - I dont need a credit facility but if I did the ramifications of another default would drive me crazy. There must be methods of getting compensation for this. Interesting to know what and how !


.

[tbern123]

A quick question for the Cabot fan club..

Anyone receive a default notice from KINGSHILL NO.1 Ltd ?

[Rhia]

No - you can see my dealings on the other Cabot/Kingshill thread. But have not received ANY correspondence whatsoever from king's Hill (No 1) Ltd. Only Cabot Financial (Europe) Ltd.

[tbern123]

This is what I am wanting to hear.. Kingshill have been defaulting people without notification.

Either we have been defaulted on the agreement with the original creditor or on a new agreement to repay.

1) My default is dated two years before Kingshill were assigned the debt, yet their name is on my credit file
2) I have never been contacted directly by Kingshill so no new agreement can be place, thus I couldn't have defaulted

[andrew1]

Originally Posted by tbern123

This is what I am wanting to hear.. Kingshill have been defaulting people without notification.

Either we have been defaulted on the agreement with the original creditor or on a new agreement to repay.

1) My default is dated two years before Kingshill were assigned the debt, yet their name is on my credit file
2) I have never been contacted directly by Kingshill so no new agreement can be place, thus I couldn't have defaulted

When you say your default is dated two yrs before Kingshill were assigned the debt what do you mean exactly? Are you saying this is the default placed by the original creditor then? or are you saying Cabot did it first?


Also, I had no default notice from Kingshill No1 Ltd but they are on my crdit file. I think were are beginning to peel them !

[tbern123]

My credit file and the statement states that the account was defaulted on 21/01/02.

However, the statement also says that the account was aquired by Kings Hill No1 on 1/11/04

[andrew1]

Originally Posted by tbern123

My credit file and the statement states that the account was defaulted on 21/01/02.

By whom?

[tbern123]

lol I thought you would guess...

Kingshill No.1 Limited my new favourite limited company

[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.c om I would also cc Cabot: cabotcustomer@cabotfinanc ial.com, information@cabotfinancia l.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 & Guideline