hab v Kings Hill (No1) Ltd / Cabot (yes them again)

[hab]

Hi I am new so be gentle with me.
I have had a rocky financial past but seeing some light at the end of the tunnel now. Just got my Experian report couple of weeks ago as I am considering applying for a mortgage.
Made for interesting reading. Deep breath but here goes...

Default registered by Kings Hill (No 1) Ltd for a credit card "Joint Account".
This was registered in November 2001 but at first I had little clue as to who they were and what dealings I had ever had with them. I have never had any form of Joint account with anyone which added to the confusion.

Did some Googling which made the link to Cabot which dropped a penny and linked it to an old credit card debt which is long since paid off in full.
My search also led me here and I have been reading a lot with interest but still have doubts of how specifically to go about fixing this.

As I understand it, please correct any misconceptions!...
1) Kings Hill (No 1) Ltd are not registered with the Information Commissioners Office. Therefore how do they have any right to register defaults / continue processing data? The last update was 2005.
2) I did receive (and still have) a letter from Cabot re them acquiring the debt from the original creditor (Providean). I do not have any record of a default notice.
3) The default is registered November 2001 so will lapse by the end of the year anyway, but these sods have blighted my credit rating for years despite the outstanding balance being paid in full. If the account is now closed/any agreement ended/cancelled, is it legal for them to leave this default on file? Especially now the company names does not exist.
4) If I issue a CCA request, to whom do I send it? Kings Hill no longer exists as a company, yet their name is on the default. Can I send ONE request to Cabot as a GROUP or do I have to duplicate the exercise for all the various aliases?
5) The argument they have offered to Seahorse re the CCA request deadline does not apply to them but to the original creditor. Is that a smokescreen or is there some shred of legality in that?
6) The Information Commissioners Office appear to answer simple questions with non-commital responses. Are they likely to genuinely support any grievance against these dodgey practices?
7) I am not seeking to avoid repaying debts. Nor am I simply jumping the "reclaim fees" bandwagon. I just want my credit file to reflect reality. Has anybody got a straightforward removal of a default registered by these cowboys?
If Experian require the consent of the originator to remove a default, but the company that registered the default does not exist. Who is going to give such consent?

I apologise for the rant but this has got me really p****d off!
I have genuinely tried to scan through relevant threads on these and other forums but am just confused as to how best to proceed.
Any help appreciated.
Good luck to the intrepid crusaders who have been at this for months with these clowns. Please forgive me if it looks like I'm trying to bum a quick fix on the tails of your considerable efforts.

hab - (headache affects brain)

[Rhia]

Welcome to the tangled world of Cabot/Kings Hill/Godknowswhoelse.
If this is a paid up debt there's much you can do.
First send a CCA request with £1 to King's Hill (as they are the ones who defaulted you). See what comes back. It will be from Cabot as, if you follow the threads, King's Hill is now dormant and was strangely dormant when it was live.
You want a copy of the executed agreement, statements of account and the deed of assignment from the original creditor.
When this comes back post again and we can see what it all says and advise from there. You might have to do a Subject Access Request under the Data Protection Act too which will cost £10 but see where this gets you (unless anyone can advise you better than this).

[tbern123]

Welcome to the Cabot Fan Club, always a pleasure to meet a new member.

The best thing I can suggest is to read all the other Cabot threads and boy there are lots of them. There are a number of really friendly and helpful people on here that will help you as much as we can. Best thing to do is send a Subject Access Request and CCA to Cabot Financial (UK) Limited so that you are fully aware of the fact and the situation

Originally Posted by hab

1) Kings Hill (No 1) Ltd are not registered with the Information Commissioners Office. Therefore how do they have any right to register defaults / continue processing data? The last update was 2005.

Kings Hill (No.1) Limited changed their name to Cabot Financial (UK) Limited on 15 January 2007. They have only recently updated the information held by the Information Commissioners Office, but they are registered.

Originally Posted by hab

2) I did receive (and still have) a letter from Cabot re them acquiring the debt from the original creditor (Providean). I do not have any record of a default notice. .

If a default notice was sent it would have been sent by Providean. Cabot don't need to send you another one. Can't remember the wording now, but the actions of one creditor are classed as the actions of all the creditors. (I'll find the correct part of the CCA later) Providean were the original creditor and Cabot Financial (UK) Limited are the new one

Originally Posted by hab

3) The default is registered November 2001 so will lapse by the end of the year anyway, but these sods have blighted my credit rating for years despite the outstanding balance being paid in full. If the account is now closed/any agreement ended/cancelled, is it legal for them to leave this default on file? Especially now the company names does not exist..

A default will remain on your credit file for six years. If the debt is paid the entry will be corrected to say satisfied, but the default will stay for six years. Do you have any statements or letters confirming that the debt is repaid ?

Originally Posted by hab

4) If I issue a CCA request, to whom do I send it? Kings Hill no longer exists as a company, yet their name is on the default. Can I send ONE request to Cabot as a GROUP or do I have to duplicate the exercise for all the various aliases?

Kings Hill DOES still exist, they have simply changed their name to Cabot Financial (UK) Limited, so send any CCA request to them.

Originally Posted by hab

5) The argument they have offered to Seahorse re the CCA request deadline does not apply to them but to the original creditor. Is that a smokescreen or is there some shred of legality in that?

This is still open to debate, but according to s189 of the CCA, when a debt is legally assigned (i.e deed of assignment) the DCA becomes the creditor. DCA's feel that they only buy the rights and not the duties of the agreement. This is being challenged in the courts by CAB and people like Debt-Mountain and myself, so time will tell

Originally Posted by hab

6) The Information Commissioners Office appear to answer simple questions with non-commital responses. Are they likely to genuinely support any grievance against these dodgey practices?

As Rhia has said in my thread, I don't think they will commit themselves until a formal complaint has been made. After thinking about it, I can understand that as at the moment all they have is my word for things. I am in the process of copying my letters and making a formal complaint,

Originally Posted by hab

7) I am not seeking to avoid repaying debts. Nor am I simply jumping the "reclaim fees" bandwagon. I just want my credit file to reflect reality. Has anybody got a straightforward removal of a default registered by these cowboys?

No simple route I am afraid. I pointed out the errors of their ways and threatend them with legal action and they removed the default. They did refuse when Experian first asked them to though.

[hab]

Thanks for the input guys.
I was concerned the name changing would allow the cowboys to side-step issues like statutory time limits to respond, by claiming the letter wasn't sent to the correct company or whatever.

I can't remember if a default would have arisen prior to OR after Cabot's purchase of the debt, but it was sold by Providian 18/01/2002.
I received a letter from Providian dated 04/02/2002 stating the debt had been sold to "Kings Hill (No. 1) Limited, part of the Cabot Financial Group".

Cabot Financial (Europe) Limited wrote on the same day but their letter makes no mention whatsoever of Kings Hill (No. 1) Limited.
Company No 3439445 is listed on their stationery.

I received a letter 29/04/2005 to acknowledge payment in full and final settlement of the account, again from Cabot Financial (Europe) Limited.

I have my £1 postal order, but which name do I make it payable to and which name to address the envelope with?
How long is too long for them to stall if they can argue out of the binding nature of the CCA request deadline?
Do they have any similar cop-out for a Subject Access Request or is the timescale for that non-negotiable?

Thanks again for any advice, messages of support, sizeable cash donations etc

[adelaidebull]

Originally Posted by hab

Cabot Financial (Europe) Limited wrote on the same day but their letter makes no mention whatsoever of Kings Hill (No. 1) Limited.
Company No 3439445 is listed on their stationery.

Check the back of the letter,the letter they send me had Kingshill all over the back, as debt owner but it then says you must deal with cabot etc etc... i think tbern123 as a copy the back of the letter in his thread...

[hab]

Good point that!
I hadn't read the back
Now you realise how much help I am in need of. Maybe I'm beyond help

hab - hadn't acknowledged back