Cabot - "Say hello to my little friends"

[louiboy]

Mr CCA, Mr Data Protection Act and Mr Harassment

 

In November 2006 I started to received telephone calls from Cabot Financial (Europe) Ltd. One letter for a Clydesdale account which I promptly CCA’d, Data Protection Act’d and instructed them to stop the calls under the Wireless Telegraphy Act (1949) and the Protection from Harassment Act 1997. The were advised calls would be logged and recorded. They were then advised the alleged account was subject to the Prescription and Limitations (Scotland) Act 1973 s.6.

 

In late November Cabot Financial (Europe) Ltd were requested to provide a “true signed copy” of the letter of authority to process my personal data. Failed to respond within 12 days allowed.

 

The calls continued, they fell into breach of the CCA. Were instructed to remove my telephone number from their data base, warned again their actions were considered harassment. Warned about refusing to remove my telephone number and warned this was a breach of the Data Protection Act.

 

By January they had made over 45 calls, constructive harassment, failed to comply with the Data Protection Act and were asked for a nominal amount for compensation and warned again their continued breach of the Data Protection Act was the responsibility of the Directors and Data Controllers of Cabot Financial (Europe) Ltd.

 

Recently my letters of complaint and their attempts to defend their actions flushed out a second Barclaycard account. They had failed to disclose this in the previous S.A.R - (Subject Access Request). This S.A.R - (Subject Access Request) revealed they had made over 300 calls in a 2 year period. Mostly in a 6 month period. Both accounts were in dispute and Statute Barred when Cabot purchased them. The accounts were not correctly assigned at the time of transfer and in further breach of the CCA. The list of both civil and criminal actions by Cabot Financial (Europe) Ltd is becoming large and should now require several different types of legal action.

 

Only the other day they sent a letter of appology and a one-off gesture of "Goodwill" would no longer pursue the outstanding accounts. They forgot to include my cheque! OOPs! Until yesterday I was only going to pursue them through the small claims court for a nominal amount.

 

Then the calls started again. 3 yesterday and 3 today. It’s now time to fully pursue for damages and distress and issue formal complaints to the Information Commissioners Office, OFT, TS and the police. When the formal complaints return I will be commencing legal action against both Cabot Financial (Europe) Ltd and Cabot Financial (UK) Ltd (formerly Kingshill No1) for the numerous breaches of the CCA, Data Protection Act and harassment. They were fairly warned on several occassions and chose to ignore the warnings.

 

Just to summarise: No documents, uncorrectly assigned, disputed accounts, statute barred and Cabot started a campaign of constructive harassment. They didn't even stopped to check if they have the right debtor. There’s a few discrepancies in the information they sent

[ivorbiggun]

Welcome to the Cabot family Loui.

 

Cabot not responding to CCA's SAR's etc? Surely not. It's about time of of our fine supervising bodies actually got up off their cosy asses and took action against Cabot.

 

Remember to make a complaint about Cabot to the FSA from 1st April.

[louiboy]

Formal complaints now on their way to Police, Information Commissioners office, Office of Fair Trading and Trading Standards.

 

FSA pencilled in for April Fools day. Extra letter sent to the chairman of NIKKO concerning his wayward investment company.

 

Have I missed anybody?

[louiboy]

Mr Wellinghoff is not my friend anymore. He promised a response in substantive terms from the Chief Executives Office as soon as possible. Soon as my back was turned he stitched me up.

 

I received a letter from Hobnobs in Rugby. They deny the phone call harassment, the data protection act offences and non compliance with the CCA. They typed too much and had nothing to say.

 

What right have these people to pass personal information about the entire group when they have no authority to process in the first place. They claimed the non existent consumer credit agreement gave them the authority?

 

Had a relaxing Sunday afternoon in the police station, statements were taken, evidence logged and a crime reference number issued.

[pmhcfc]

Mr Wellinghoff is not my friend anymore. He promised a response in substantive terms from the Chief Executives Office as soon as possible. Soon as my back was turned he stitched me up.

 

I received a letter from Hobnobs in Rugby. They deny the phone call harassment, the data protection act offences and non compliance with the CCA. They typed too much and had nothing to say.

 

What right have these people to pass personal information about the entire group when they have no authority to process in the first place. They claimed the non existent consumer credit agreement gave them the authority?

 

Had a relaxing Sunday afternoon in the police station, statements were taken, evidence logged and a crime reference number issued.

 

KEEP US POSTED!!

[louiboy]

It's been a while since I updated. Decided to be quiet and let the constabulary do their thing.

 

The police have finished their investigation into the telephone harassment by Cabot Financial (Europe) Ltd. The police Legal Services Department have come back with a decision.

 

Unfortunately because I didn't answer the phone to take abuse from Cabot Financial (Europe) Ltd fine customer service people. There are no grounds for pursuing a criminal offence.

 

However!

The police LSD have indicated I now have sufficient grounds to issue proceedings against Cabot for harassment in the civil courts. Cabot Financial (Europe) Ltd have provided enough evidence to prove an ongoing campaign of harassment.

 

That's one part down. Awaiting the decisions from the ICO and OFT before action.

[Jeff2000]

Hello louiboy,

 

So, basically we now have to answer the phone and take the abuse before the police will entertain any complaints. Yes?

 

Guess it's off to Maplins to get some recording equipment!

 

Keep it up louiboy!

 

 

Regards, Jeff.

[louiboy]

The police could have a different reaction/opinion depending on the circumstances, evidence and nature of the complaint. What if I was a little old age pensioner?

 

I made the complaint directly against the managing directors of Cabot Europe.

The police put in a fair bit of work with the complaint. Liasing across 2 divisions. Did the best with what they had. I appreciate their efforts. Thank you letter on its way.

 

May be different if you identify someone from the call centre or lower down the chain.

[NailPost]

That's a fair result and even if no action is taken by the cops this time there are grounds for someone else to complain and tell them -ask so and so police and they will tell you they carried out an investigation too. It helps build up a picture of criminality.

 

No one has to suffer abuse from Cabot or anyone else. But buy an answering machine and screen calls and then wait for the fun. The muppets at Cabot and the other stupid debt collectors will leave silly but aggressive and bullying messages on the tape. Log them and present them as evidence to the police and that will give them, and the court, something concrete to work on.

[Jeff2000]

Hi again,

 

 

I agree with you completely.

 

However, you do here stories about people being told by the police that phone harassment is a civil matter.

 

Maybe it is a question of not having enough information/evidence in these cases. So yes, get an answerphone or recording equipment and let them hang themselves!

 

 

Regards, Jeff.

[Seahorse]

Did somebody mention Muppets?

 

[SHERLOCK]

DPA Breaches - Interesting!

 

Privacy slights should prompt lawsuits

ICO recommends court action

By Mark Ballard Feb. 28th

 

Seek compensation if someone breaches your privacy, the Information

Commissioner's Office (ICO) urged today.

The ICO issued a guidance note to point people in the right direction if they

want recompense for a slight under the Data Protection Act.

 

People who think they have suffered because someone has breached their privacy,

can apply to the ICO for an opinion on whether there had been offence under the

Data Protection Act - if they agree, it might be worth taking to court.

The ICO wasn't able to give any examples

 

SHERLOCK

[Kevin Allen]

I have been trying to resolve a problem with Cabot Financial (Europe) since May 2001 and have had nothing but incorrect information and untruths from them.

 

It took them over four years to finally admit that a solicitors letter they claimed was sent in 2002 was not actually issued by their solicitors at all. For years they had been promising, almost on a monthly basis, to send me a copy and then telling me that copies had been sent. Finally admitted they had no copies and were unable to send anything other than a mock up of the letter supposedly sent to me in 2002.

 

Apparently nobody at Cabot is intelligent enough, (or trusted enough), to compose a letter themselves and on numerous occasions I have been advised that they are unable to put such and such in writing because there is no letter covering that point on their system. They do sound rather moronic and I would have to put forward some chap called Adrian as probably their most clueless employee.

 

I made a formal complaint to them last November and have advised them today that as no written reply had been received - years of dealing with Cabot has made me realise that telephone conversations are pointless, Adrian again, I'm afraid - I am referring them to the Office of Fair Trading as they are in breach of the Supply of Goods and Services Act 1982.

 

It is interesting to realise that others have had problems with Cabot as well.

 

Any advice would be much appreciated, particularly as to whether a complaint to the OFT or to the FOS, (come 6th April), would be the most appropriate.

[Seahorse]

If you could start a thread of your own here in the Cabot sub forum, and elaborate a bit more as regards what started the whole thing off, I'm sure we'll be able to put our collective tuppenyworth for you.

[Rhia]

Kevin I would definitely complain to the OFT (they have had anumber and are collating complaints against them), the FOS and the FSA.

And agree with SeaHorse start a thread and we can hop on board as the tale grows with the telling.

[louiboy]

Who's that trippi trapping over my thread . I'm an angry troll in the pre-internet sense of the word. Angry creature sleeping under the bridge. Who woke me up...

 

OHH! It was Cabot!!!. They told me lies, lies and Porky pies.

 

Cabot can huff and puff all day about the Law of Property. However at the end of the day Credit Agreements are legislated by the Consumer Credit Act. It's no longer 1925. Small boys were removed from the chimneys some time ago.

 

Having read the other excellent work on the caboteers threads. I think the only letters Cabot really understand are the ones that spell. Summary Cause Summons or N1.

 

Today I collected a few Form 1a's (Scotland). Near the end of the month I'll serve papers and do the OFT, DPA, FOS all at the one time.

 

Think there's storm coming in.

[pmhcfc]

Who's that trippi trapping over my thread . I'm an angry troll in the pre-internet sense of the word. Angry creature sleeping under the bridge. Who woke me up...

 

OHH! It was Cabot!!!. They told me lies, lies and Porky pies.

 

Cabot can huff and puff all day about the Law of Property. However at the end of the day Credit Agreements are legislated by the Consumer Credit Act. It's no longer 1925. Small boys were removed from the chimneys some time ago.

 

Having read the other excellent work on the caboteers threads. I think the only letters Cabot really understand are the ones that spell. Summary Cause Summons or N1.

 

Today I collected a few Form 1a's (Scotland). Near the end of the month I'll serve papers and do the OFT, DPA, FOS all at the one time.

 

Think there's storm coming in.

 

Leave the FOS complaint until the 5th April...Starts costing DCA's money after that.

[louiboy]

6th of April rolls along like the wait for Xmas and the Easter Bunny.

It's also solved a small problem. The harassment covers 2 accounts.

 

Ready to kicking the game off with 2 summary cause claims. Harassment for each account. Letting me play on the home pitch on familiar surroundings. Saves the lawyer being woke up for Ordinary Cause.

 

Then I realised this may cause problems, might open the door for a splitting the claim defence. Spotted a potential argument for it. I don't want that!

 

So I've decided to summary cause my preferred account and let the FOS play with the small stuff.

[Seahorse]

No, I think the argument about the splitting of claims issue was that they were split over 1 account. Although I'm guessing, I'd say it's OK to split if it covers more than 1 account, and each claim relates to each separate account.

 

But yes, I think the FOS is potentially the way to go anyway. I wonder if whoever thought of this amendment realised the floodgates were about to burst open. I hope my bank complaint gets to the top of the pile before the DCA complaints start heading their way.

[pmhcfc]

No, I think the argument about the splitting of claims issue was that they were split over 1 account. Although I'm guessing, I'd say it's OK to split if it covers more than 1 account, and each claim relates to each separate account.

 

But yes, I think the FOS is potentially the way to go anyway. I wonder if whoever thought of this amendment realised the floodgates were about to burst open. I hope my bank complaint gets to the top of the pile before the DCA complaints start heading their way.

 

Do you think the FOS really will fine these companies for every complaint? It's going to cost these DCA's a few quid - and some..Won't take long for word to get around these boards and every newcomer with a problem with a DCA will be advised to write to the FOS in the first instance. Hey, unless of course the DCA's have told their vultures (sorry I mean staff) to act within the laws and guidelines from next week!!

[Seahorse]

Hey, unless of course the DCA's have told their vultures (sorry I mean staff) to act within the laws and guidelines from next week!!

 

If that happens, I'm off to see how the Israelis and Palestinians have managed to finally settle their differences.

[louiboy]

Summary Cause papers now ready for service. Final 7 day LBA of to West Malling. Look-in forward to facing these jokers down in a court.

Been in the court for nearly six month now with my other stuff. It's like a home from home.

 

Cabot: "Where we go from here is a choice I leave to you".

[louiboy]

Cabot: "Where we go from here is a choice I leave to you".

Cabot have chosen and sent a letter from WW that they won't be corresponding with me anymore. As a gesture of goodwill they believe that writing off the balance of the 2 unproved accounts made of entirely of penalty charges is fair compensation for the harassment and my time wasted by their company.

 

Shirley they can't be serious. They harass me for an unsubstantiated account. Have no proof they even have the right person. When challenged they decide not to respond in a satisfactory manner.

 

Does that make them debt dodgers?

 

Who do I pursue for these penalty charges?

Do I pursue Cabot for the entire amount or the original creditor?

 

The WW response has done nothing more than wind me up. They had a reasonable opportunity to settle without legal action. Hard hats on in last years fashion and back down the court.

 

Cabot they've abandoned me,

only emptiness,

of what we had before.

Love don't live here anymore.

chorus]

[Seahorse]

Don't call me Shirley.

 

It's as we said all along... they get to a point where they just wish you would go away and leave them alone, except in this case, they've more or less put that in writing.

 

I suppose it really does depend on whether you accept the CCA or the LPA arguement. If CCA, then chase original creditor, if LPA, then Cabot. IMHO. I'm not sure yet, WHICH way to go. But then, BC are STILL ignoring my SAR, so until I get something from them, I can't take that next step.

 

Just had a thought. In the cases where original creditors have paid direct to the DCA's, perhaps that now means the DCA should get chased too, in the cases where there isn't any proof in the first place that they had a right to collect on that debt? eg unenforcable CCA etc? Hmmm.

[louiboy]

It's as we said all along... they get to a point where they just wish you would go away and leave them alone, except in this case, they've more or less put that in writing.

Once again the communications process has broken down...

It appears to me that Cabot want to skip the legal process, skip the trial and go straight to acquittal . Unfortunately I don't think the entire legal process can be revamped just because Cabot find themselves in the unique position of saying they didn't do it.

 

As I understand it Cabot are due some payback for harassment, time and expenses in dealing with their frivolous demands. Instead they offered as a gesture of goodwill not to pursue me for a statute barred debt, comprised of penalty charges that they can't prove.

 

I made them an offer. They made me a counter offer. Should I accept?

It's a tough decision here. Get my ass kicked or take Cabot to court several times. Let me think I could use a good ass kicking', I'll be honest with you.. NAH! Think I'll just go with the court action.