Perhaps they just testing to see if we forgotten this one? You know the old saying "if at first you don't succeed .... " :lol:

Ammani - well done - such a nice result really - it's great to see this was just as you wanted and CAP1 lose out yet again!!

Well Done Paul - nice to see some of this stuff being made public. Let's hope it helps make consumers aware of what can be going on.

If enough people keep complaining and trying to show the antics of such companies to public - hopefully something will be done when Cabot's least expect it. It's less likely that these will be seen as "isolated cases" if more people brought the various issues to light. You doing the right thing - I am a great believer in Karma - and this behaviour will haunt many companies soon enough

BlackJacky, I've never heard of this tactic off them before - seems they trying new games? You might find it worthwhile to send an SAR request to Cabots - it will cost you £10 to do this using the template in the letter library here in CAG - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html By doing this our friends at Cabots will send you ALL the data they hold on you and this allaged account, you need to put a sentence in this SAR request asking telling them "This data is to include all written information, notes,ORIGINAL letters, ORIGINAL statements and audio and electronic information, statements, Default Notice, Deed of Assignment, information on PPI agreement, original application form and copy of executed agreement. This data is to include "everything" your company has on file about myself and this alleged account." This way you should get everything Cabots have on this. Amongst their reply to you you should get all the "usual" template generic letters, diary of events, copies of agreements, deed of assignment etc.. - it will help you decipher what Cabots and these solicitors have been up to. Once you have this bundle from Cabot's you'll be able to work through it and spot all the relevant information etc In the meantime read through the Cabot threads from people like Tbern there is a stickey at top of the forum here, then there is Rhia, Seahorse, Debt Mountain, there are plenty of informative threads in this forum to give you good background reading. Also be worth reading through Seahorse's BLOG Cabot Financial Blog - there is plenty of information here to help you out. The more you read - the better off you'll be - as you'll see exactly what this company is like. Keep posting if you get stuck there are always plenty of people who will help you sort Cabots out - but the SAR is probably your most informative step to gaining the necessary papers you need to see what has gone on.

Nice to know they care isn't it? ha ha ha Nice to have friends in such places isn't it? I must say our postman's bag is so much lighter thesedays

Hiya Benh01, Your best way of getting help is to start a new thread in the relevant forums (this is the right one for Cabot related stuff) then your posts will get attention of readers and you will get all the help you need to deal with matters etc.. This way you can keep track of where you are up to in your own threads and this will help others with similar questions too. You'll like it here as you'll get lots of help. Your best start is to keep reading, you'll learn plenty here - then ask any questions you have.

Hiya Benh01, Your best way of getting help is to start a new thread in the relevant forums (this is the right one for Cabot related stuff) then your posts will get attention of readers and you will get all the help you need to deal with matters etc.. This way you can keep track of where you are up to in your own threads and this will help others with similar questions too. You'll like it here as you'll get lots of help. Your best start is to keep reading, you'll learn plenty here - then ask any questions you have.

A Briiliant Result - Congratulations!!!

Where is this happening? (which court?) Surely this should be small claims track cause it's under £1k But maybe it's because the costs by the lenders are likely to be hefty and over small claims ceilings? Would be interesting to see the actual claim and the lenders defence reasoning for this claim - there must be something that can be done about this surely. I am watching time and time again these companies usimg "costs" as their axe to grind claimants down - it's high time some of these Judges saw through the tactics of these lenders and began dealing with their antics - seems the cases get passed over because people don't want to make decisions about these ruthless lenders? Maybe I been in CAG too long and just cynical about what goes on with these lenders?

Thank you for that Moonhawk - I will be going through that. Rhia - this could very well be our next move. Like Sarah says "don't mess with CFC" Cabot need to learn who not to mess with.

It was a different Judge this time - I will email you now

Well yesterday was fine really - case has been adjourned till after June 2008. Hodsons Solicitors who are defending for Cabots sent along the same lady representative with a remit to apply for fast track and costs at anycost - she estimates somewhere upto £15k so they won't settle for less than fast track (like the track is Cabots/Hodsons decision anyway? who do they think they are?). Couple of reasons for this adjournment - we know the defaults are due to drop off in June 2008 - damage is already done to us due to the longevity of Cabots damaging our reputation writing to CRA's - we reminded Judge damages were at descretion of court if applicable at that point. Our position was - at this stage even going straight for another hearing it was going to be sometime June/July time so default period was complete then - so we'd be running up costs for something that had finished? So it was better to make Judge see this now? Cabot's still haven't supplied any CCA's as per the order issued by court previously - so 15 months and they still happy that an application form is an agreement (chortle chortle - what planet are they on?) they'd still like more time for coming up with the CCA. Also they offer absolutely no legal argument against what is said in our skeleton argument - Judge is convinced we make sense - Hodsons Rep says to Judge she had no argument in what we were saying either (= she couldn't muster up a defence for her clients either???? ). Case will be relisted after June where we can decide whether to persue Cabots for Damages for their full 6 years of Damaging hubbies reputation or whether we discontinue claim completely and incurr no further cost risk elements etc.. because default period naturally ends then. (we can assess the likely damage costs if we decide to continue actions) Hodsons Rep says it is likely that Cabots would want to pursue us for costs to date whether we pursue claim at that point or not - Judge replied that he wasn't happy with that idea and he recommended each party bare their own costs - and he wrote this in the files and made sure it was on the audio tape too - so there will be no confusion later should Cabot try it on chasing costs. (ha ha ha :grin: geez that made me happy!!) - because it was an allocation hearing Judge couldn't issue and order - so he made sure it was down in file to avoid later confusions. So what we did was basically hold Cabots back - have given ourselves opportunity to see whether they do quit writing to the CRA's and defaults drops off - Cabots have to pay their own costs so far - which they'll not be happy about. Our aim was to not see Judge allocate a track to this claim until we could properly assess damages due and whether defaults ended naturally in June - we can decide ourselves then whether we want to continue for damages etc.. or whether we want to discontinue and sue for Damages at that point - the decision will be ours. But we are happy with this result - as the default end dates played a big part in the angle we took yesterday - also we haven't incurred any unreasonable costs ourselves - also this means Cabots pay their own costs and will have to wait and see what we decide to do - they will be unable to chase us any further regarding default balances and costs - so all in all Cabots didn't get anywhere at all - BUT we got exactly what we wanted :grin: :grin: Hodsons representative tell's Judge she wants costs for her clients and rambles loads of crappy stuff purely to throw focus off their wrong doing - so Judge tells her "how can you apply fast track for costs when you don't know what the costs and damages are now?" she didn't reply.

Well yesterday was fine really - case has been adjourned till after June 2008. Hodsons Solicitors who are defending for Cabots sent along the same lady representative with a remit to apply for fast track and costs at anycost - she estimates somewhere upto £15k so they won't settle for less than fast track (like the track is Cabots/Hodsons decision anyway? who do they think they are?). Couple of reasons for this adjournment - we know the defaults are due to drop off in June 2008 - damage is already done to us due to the longevity of Cabots damaging our reputation writing to CRA's - we reminded Judge damages were at descretion of court if applicable at that point. Our position was - at this stage even going straight for another hearing it was going to be sometime June/July time so default period was complete then - so we'd be running up costs for something that had finished? So it was better to make Judge see this now? Cabot's still haven't supplied any CCA's as per the order issued by court previously - so 15 months and they still happy that an application form is an agreement (chortle chortle - what planet are they on?) they'd still like more time for coming up with the CCA. Also they offer absolutely no legal argument against what is said in our skeleton argument - Judge is convinced we make sense - Hodsons Rep says to Judge she had no argument in what we were saying either (= she couldn't muster up a defence for her clients either???? ). Case will be relisted after June where we can decide whether to persue Cabots for Damages for their full 6 years of Damaging hubbies reputation or whether we discontinue claim completely and incurr no further cost risk elements etc.. because default period naturally ends then. (we can assess the likely damage costs if we decide to continue actions) Hodsons Rep says it is likely that Cabots would want to pursue us for costs to date whether we pursue claim at that point or not - Judge replied that he wasn't happy with that idea and he recommended each party bare their own costs - and he wrote this in the files and made sure it was on the audio tape too - so there will be no confusion later should Cabot try it on chasing costs. (ha ha ha :grin: geez that made me happy!!) - because it was an allocation hearing Judge couldn't issue and order - so he made sure it was down in file to avoid later confusions. So what we did was basically hold Cabots back - have given ourselves opportunity to see whether they do quit writing to the CRA's and defaults drops off - Cabots have to pay their own costs so far - which they'll not be happy about. Our aim was to not see Judge allocate a track to this claim until we could properly assess damages due and whether defaults ended naturally in June - we can decide ourselves then whether we want to continue for damages etc.. or whether we want to discontinue and sue for Damages at that point - the decision will be ours. But we are happy with this result - as the default end dates played a big part in the angle we took yesterday - also we haven't incurred any unreasonable costs ourselves - also this means Cabots pay their own costs and will have to wait and see what we decide to do - they will be unable to chase us any further regarding default balances and costs - so all in all Cabots didn't get anywhere at all - BUT we got exactly what we wanted :grin: :grin: Hodsons representative tell's Judge she wants costs for her clients and rambles loads of crappy stuff purely to throw focus off their wrong doing - so Judge tells her "how can you apply fast track for costs when you don't know what the costs and damages are now?" she didn't reply.

Thank you so much for the good wishes everyone - it's so nice knowing that so many people care and are behind us with cases like this. Well yesterday was fine really - case has been adjourned till after June 2008. Hodsons Solicitors who are defending for Cabots sent along the same lady representative with a remit to apply for fast track and costs at anycost - she estimates somewhere upto £15k so they won't settle for less than fast track (like the track is Cabots/Hodsons decision anyway? who do they think they are?). Couple of reasons for this adjournment - we know the defaults are due to drop off in June 2008 - damage is already done to us due to the longevity of Cabots damaging our reputation writing to CRA's - we reminded Judge damages were at descretion of court if applicable at that point. Our position was - at this stage even going straight for another hearing it was going to be sometime June/July time so default period was complete then - so we'd be running up costs for something that had finished? So it was better to make Judge see this now? Cabot's still haven't supplied any CCA's as per the order issued by court previously - so 15 months and they still happy that an application form is an agreement (chortle chortle - what planet are they on?) they'd still like more time for coming up with the CCA. Also they offer absolutely no legal argument against what is said in our skeleton argument - Judge is convinced we make sense - Hodsons Rep says to Judge she had no argument in what we were saying either (= she couldn't muster up a defence for her clients either???? ). Case will be relisted after June where we can decide whether to persue Cabots for Damages for their full 6 years of Damaging hubbies reputation or whether we discontinue claim completely and incurr no further cost risk elements etc.. because default period naturally ends then. (we can assess the likely damage costs if we decide to continue actions) Hodsons Rep says it is likely that Cabots would want to pursue us for costs to date whether we pursue claim at that point or not - Judge replied that he wasn't happy with that idea and he recommended each party bare their own costs - and he wrote this in the files and made sure it was on the audio tape too - so there will be no confusion later should Cabot try it on chasing costs. (ha ha ha geez that made me happy!!) - because it was an allocation hearing Judge couldn't issue and order - so he made sure it was down in file to avoid later confusions. So what we did was basically hold Cabots back - have given ourselves opportunity to see whether they do quit writing to the CRA's and defaults drops off - Cabots have to pay their own costs so far - which they'll not be happy about. Our aim was to not see Judge allocate a track to this claim until we could properly assess damages due and whether defaults ended naturally in June - we can decide ourselves then whether we want to continue for damages etc.. or whether we want to discontinue and sue for Damages at that point - the decision will be ours. But we are happy with this result - as the default end dates played a big part in the angle we took yesterday - also we haven't incurred any unreasonable costs ourselves - also this means Cabots pay their own costs and will have to wait and see what we decide to do - they will be unable to chase us any further regarding default balances and costs - so all in all Cabots didn't get anywhere at all - BUT we got exactly what we wanted :D Hodsons representative tell's Judge she wants costs for her clients and rambles loads of crappy stuff purely to throw focus off their wrong doing - so Judge tells her "how can you apply fast track for costs when you don't know what the costs and damages are now?" she didn't reply.

Do they not have to have our expressed permkission to send data abroad (especially outside EU) Does anyone know the legislation regarding this processing abroad?

If you have issued a section 10 notice they shouldn't be ignoring this - it's your statutory right to ask for this to stop these people processing your data. I was in court yesterday with my hubby on a different case than CAP1 and I mentioned a similar matter to Judge an he wasn't impressed at all that this company was ignoring this notice - so CAP1 best be very certain of their grounds etc.. You need to keep your court claim simple - point form so as to keep focus on your various arguments, You can also place complaints with ICO, FOS, etc.. and get this investigated by the bodies - you know they shpuldn't be doing this and they are just hanging tough. Don't let them intimidate you - hang in there and show them what the problem is. Will pm you

Another template that somebody couldn't be bothered to fill out correctly or make sure it was relevant to you - their staff really do need some basic training!!!

Very strange isn't it? Are they even sure they got the right person? I would be tempted to write and ask them what it is in relation to state you don't recognise any debts with their company - they ought to at least tell you what it is in relation to. DON'T get involved with any telephone calls with them at all - if they call you - just tell them to write their explanation to you. Once they've written and explained what it's about - you can then decide whether to send for any relavant CCA, S.A.R - (Subject Access Request) etc.. depending on whether you recognise it or not it could be something you forgotten about? or they simply trying it on as we see they are known for. If it's older than 6 years it would be statute barred anyways so they can't collect. it. There isn't a lot you can do till you know what it's about. I have seen that they issue this letter saying they'll knock your door etc.. - but I haven't seen anyone in here where they've actually done this - seems they just use this template to intimidate people into a response? It could be you have a similar name to another account they are chasing. Or you could just ignore it as Rhia says and make them do more work - eventually they'll have to tell you what it's about. If your credit file is clean like you just posted - then it's probably Cabots trying it on with something older than the 6 years - so statute barred anyway.

Well their tick has finally tocked - tomorrows hearing should see which way the Judge decides to look at this case.

I will see if I can find a mod online to make a stickey of this in a few different places where it will be best seen. Yes some of this video can be taken with a huge bucket of salt as it is really extreme stuff - but lots of it is relevant as in the tactics used by these companies. My youngest son made me howl with laughter yesterday (he is 18) - I reckon he has the answer!! He has spent a fair bit of time shopping recently with christmas and the sales etc.. bargain hunting etc.. and he gets pretty cheesed off when in so many stores he is offered "10% discounts" if he opens a card account with them etc.. His old ploy was to just tell staff he wasn't going to let any company charge him 29% interest on card rates etc.. tells shop person it's cheaper to borrow off mum ha ha NOW he has learnt to ask the staff "why is my cash not good enough? = whether I use notes from my wallet or a debit card to pay - you still get cash?" My son says the checkout persons face is so funny!! He made me laugh cause he reckons checkout person looked at him as though HE was the weird one ha ha My son says he never got a reply at all - just a puzzled look I sure hope he keeps that attitude for a long long time!!

Happy Birthday renegotiation !!!!

Thank you FC - is there a mod around who could make a stickey of this video film for readers to go view it at their leisure? Whilst this film does look at the "extreme" in some cases where people are "maxed out" (up to their credit limits and over stretched with their finances and struggling to repay huge debts - this does still show the example of how many companies chose to cherry pick their customers from poorer backgrounds etc.. because it was far more profitable in the returns than their having customers who were able to stay within credit limits etc.. Maxed Out

But Doesn't CAP1 particularly target people with poorer credit histories ? Isn't it part of their advertising campaign "Been refused elsewhwhere? Then come to us for a decision in seconds/minutes?" Or did I dream that I saw CAP1's name attached to similar campaignes to attract customers with less than brilliant credit history? I am pretty sure they were advertising "rebuild your credit status with us" type of campaigns - and were giving out all these cards to people people on lower incomes. CAP1 were "cherry picking" such customers delibrately. I posted a link on here a long while back - it was called "Maxed Out" - it was an hour long documentary on how these companies from the USA had targetted their customers. It was delibrately the lower income bracket that they went after as customers = these people had less income, were likely to overspend and not budget, would default giving the companies lots of money in penalties for going over balances, late payments etc.. - these companies wanted the lower incomed customers as they we certainly far more profitable that the wealthier/higher incomed customers who would keep within their higher credit limits. Even students were targeted at college campuses. I was absolutely disgusted after watching this maxed out tv documentary - and I can't find where I posted it - if I find it I will post it again and ask a mod to make it a stickey - as it was such an eye opener on the tactics used in marketing by many of these comapnies. I do NOT dispute that perhaps in recent months this company has begun to look at what they are doing - it's because they learnt such a vast lesson in the USA - CAP1 have had bad publicity. But as we all know CAP1 were like many other USA based companies did purposely target lower incomed people and take advantage of their already bad situations.

You could SAR Lowell's - this way you'd get the history of the account repayments made etc.. and copies of any correspondence - or could perhaps just write to Lowell's asking for a breakdown of payments you made and copy of the letter they sent to you when it was settled etc.. if you don't want full SAR. Did you apply for new card in Aug 2005? I have no idea why they'd issue another CCA - other than they were trying to over ride the original agreement. You can reclaim the PPI and charges back - also if the CCA - is the CCA they show you a proper agreement or is it an application form? I'd be tempted to go to the FOS/FSA with this one and get it fully investigated. Cap1 tend to make it up as they go along?