Thanks for the reply, I really dislike banks, they are happy to give me a debit card and a cheque book (no cheque card) but not on the higher interest account, sounds like a con to me....:grin:

Alliance and Liecester are offering a 12% interest rate on an account linked to a new current account. But when I applied they would only give me a standard account. #When I appealed and even said I didn't want an overdraft or cheque card or even debit card they still refused saying my cedit history was the cause. Can they do this, all I want is the 12% deal. Is there anything Ican do to have them give me the interest rate without the other facitilities?

Called Cabot today to check on a couple of facts, to test the defence. Whan I called I said I did not have the reference number and gave my address and postcode and guess what, they found my files. so why in the defence do they say I did not supply tsufficient account information. I asked the girls to have my call recorded. Wonder if that one will get lost somewhere. She then said the account was with Customer Service so I was put through to them and was warned the call could be recorded for training blah blah blah (good thinks me) noted her name, date and time of call, may call for this as evidence. She then said there were alot of notes on my account and can I let her know why I was calling. So I simply asked who owns the debt was it Cabot or....I left a blank and she confirmed Kingshill but then immediately stated that "Cabot and Kingshill are one in the same thing" I quote. I think at this point the penny dropped and she asked if I had anything else I wanted to ask, I said no she had given me quite enough info. Thanks So CCA to Kingshill today and AQ being completed ready for posting with my £100. I am also pulling a vast amount of info/evidence to add to the Other Information section for the Judge. When (if ) I get the CCA info supplied that can also go direct to the judge. I am also going to call the information commisioner today and run through the info/evidence I have gathered. See you in court Mr Cabot (Kingshill or whoever you are.)

If your account is still open it will just appear about 5 days after them being served and a couple of days later you will get the letter for NW then another couple of days and the court will tell you they have acknowledged and defended. If the account is closed you will get the cheque with the letter about 7 days after being served. I chequed my account a couple of times aday and what joy you have when suddenly your balance has jumped up. .

poor show or are they just showing they are on the run and it is only time before they are surrounded.

Thanks for the quick review and update. I have added a couple of other points too. What do you think about the confusion they are causing by including both company names in the Experian credit files?

I have added the defence text with comments to the Cabot thread in my signature.

Cabots defence Lease add your comments about each clause. I have 7 days to put my AQ together. 1- it is denied that the defendants is indebted to the claimants in the sum claimants or at all Cabot would say that, but they are claiming that Cabot don't own the debt!! I called Cabot and got through to customer services who said "Cabot and Kingshill are one in the samething". (Name, date and time kept and was informed the call could be recorded) 2- the claimants are put to strict proof of the allegation that there was any agreement that disclosure of personal data in relation to "the contract" would extend only to such times as the end of the contract. What!! So when a contract ends they are saying it doesn’t….mmmmmm. Can someone point me to the correct clause of the unfair terms in consumer contract regulations (1999)? 3- No admissions are made of the allegation that a default is classed as a contract ending and the claimants are put to strict proof of such assertion. Can someone point me to the correct clause of the correct act? CCA 4- the claimants are put to strict proof of the true and proper construction of the terms and conditions of each of the contracts upon which they rely. Does this actually ask something? Cabot have failed to supply this information so cannot prove. 5- the claimants are put to the strict proof that the matters of which they complain in their proceedings constitute a cause of action against the defendants. Without prejudice to the fact that the defendants. including any subsidiary of it, deny all liability in this matter, it is the defendants case that there is no liability upon the named defendants. Does the “without prejudice” mean anything significant? Does this actually ask something? 6- it is denied that the defendants has arbitrarily chosen to extend the length of the contract as alleged or that there has been any breech by the defendants of the unfair terms in consumer contract regulations (1999). Is this not just saying the same as point 2 but worded differently? 7- it is denied that the defendant is in breech of contract or the data protection act 1998. Not if what I found out is correct, you are in breech for having access to my info if you are not the owners of the debt without my permission. If Cabot have my information is it them or Kingshill or both that are in breech? Can 1 limited company share my info with another limited company? Have cabot got permission to share my info? See my new finding below. 8- if(which is not admitted) the letter sent by the claimants to the defendants dated 20/9/06 constitutes a valid notice for the purpose of S.10 and 12 of the data protection act 1998 it is averred that the notice was sent to the wrong company. So why in the reply letter they sent to me did they not explain this? Oh really, Not if what I found out is correct, you are in breech and you should not have my data. See new finding below. 9- it is denied that the claimants have suffered damage, or if they have, that the defendant is liable for such damage. Let see what a judge says about that! 10- the claimants loss of £xxxx is denied and the claimants are put to strict proof thereof. If the claimants have lost the said sum as alleged it is denied that the defendants is liable for such loss. See 9 11- it is admitted that the claimants made a request on 28/8/06 for copies of the signed agreement. deed of assignment and default notice. However, it is averred that the request was made to the wrong company. In any event the said letter fails to adequately identify the accounts. The claimants are put to strict proof that the defendants is obliged to supply the claimants with "a signed true and certified copy of the original default notice", or any deed of assignment. Oh really, Not if what I found out is correct, you failed to reply. See below. If it was sent to the wrong company why would they not have replied informing me of this? I believe that when a phone call is made and an address is given the accounts are easily traced, this is what I supplied. customer services said "Cabot and Kingshill are one in the samething". 12- it is denied that "cabot" has ownership of the debts. It is the defendants case that Kingshill (No 1) limited are the owners of any debts to which the claimants refers. The claimants admits that of the 4 accounts he refers to only one still constitutes a debt which alleged to be in dispute. Who gave Cabot the permission to hold my data if they don’t own the debt or have my written permission? How do they know it is Kinghill who own the debt? should they have access to this info? 13 For the avoidance of doubt if a customer defaults in making repayment of sums due a creditor is entitled to register that failure as a "default" with the appropriate credit reference agencies. Useless paragraph. Something new I have found out. What I have found in my credit files is another anomaly. Cabot are using the fact that they do not own the debt as the main defence against my claim, but when looking in my credit file it clearly lists Kingshill (No1) limited as the institution but the postal address of the data submitter is Cabot Financial (Europe) Ltd. Po box 241, West Malinling, ME19 4NA, surely this is not right and would a judge see Cabot/Kingshill are being misleading. So I think it is another possible shot in Cabot’s foot. They have chased and been paid for a debt that they have no ownership of or permission to have access to our data. They havent supplied the CCA or S.A.R - (Subject Access Request) info as required as I posted the requests to the name and address of the company listing my data in the credit files. So what to do next. My first thought is to 1 – pay the £100 and file my AQ and send all of the info from Tbern and Andrew plus a response to their defence to the judge 2 – send the CCA and S.A.R - (Subject Access Request) to Kingshill for good measure and have this info back before I actually go to court. I can ask for a 1 month delay to try to reach an out of court settlement which gives me all the data to clear up the smoke and mirrors they are using. Or do I do no 2 above and then start an identical claim against Kingshill?

I got the defence in the post today. I am just typing it up and adding some comments. I will post it in my cabot thread once my son is in his scratcher. The defence is fairly easy to predict..........

JD From posting the papers they post it the next day to NW and it is deemed served 2 days after that. In both my cases it took them 7 days from being served to acknowledge, defend and pay up. I opened a CoOp basic account (Electron card), Allaiance - Leicester account (Electron and cheque book) and basic RBOS account. Try them. Well done on the BOS credit card, its nice when they stump up.

I am going after Clydesdale but I am in Scotland. Is there an English address I can use to serve the papers so I can bypass the £750 limit in Scotland. thanks

My claim had to be done using the N1 and posting it as the claim was for an English firm and I live in Scotland. Tick Tock Tick Tock.

got a reply to my acceptance fo their part payment, but they have now chucked the toys out the pram and have taken my acceptance letter of the part payment along with my request for the full amount of charges (some 4 times their first offer - without me knowing what they owed me) as a rejection letter and withdrawn to initial offer. Oh dear Mr Judge may not look to kindly on that. LBA ready to post when the prelim times out.

tbern Like the letter, go get em boy!!! I have a similar set of data colated form my court appearance. The kingshill/cabot thing is a cracker more smoke and mirrors, wonder how the judge will view all of this. I have taken Cabot to court (before I knew about the Kingshill ownership - which I only got fom this site as Cabot have never even responded in any way whatsoever) so now I think my case is even better. Cabot have not got my permission to do anything with my data (so how did they get my account details to contact me in the first place?) although kingshill do all the credit reference stuff, but my payments were to Cabot (but they don't own the debt (or atleast I don't actually know if they do or not)), I was never informed they were assigned the debt to Cabot so what were they doing collecting on it. Wonder what their defence will be. Friday coming the clock stops ticking. Hopefully mid week next week I will have their defence and will share it for assistance from you fine folks. The plot thickens...

my money is on them paying you 7 days after it is issued to them, probbly next Tuesday. Good luck, just sit back and enjoy.

It will be in the Morpeth CC (just north of Newcastle), not sure if that is too far from you?

tbern, can I be your friend, I would hate to have you as an enemy. Nice one, yet another stinger to Cabot. I wish I could help answer your aquire/own dilema but he sods haven't replied to any of my letters. Well except the N1 posted to the court, they filed an aknowledgement and hopefully a defence by next friday. Do you think they read these forums? What would the ramifications of them appearing in court with me and having to explain to a judge why they have repeatedly broken the law shown complete disregard for the code they are subscribing to. If they do fancy a 1 on 1 with me in court do you and andrew1 want to come and watch, or any of the other Cabot "customers"? I will obviously post the date and time of the case here for all to see. Another question, I am sitting tomorrow with my sister (who luckily happens to be a lawer) pulling my evidence together and as Cabot have not actually replied to me with anything can I use some of the quotes and exerts from your letters and quote the source of these quotes in court? can I get some copies of some of the key sections? It would be good for the 3 of us to boost our evidence files. Can't wait to see thier defence. What can they defend with. 1 - no agreement, statements, deed of assignment, copy of default 2 - still sharing my data after the 42 days from my cca and section 10 & 12 letters 3 - where do kingshill / cabot start and stop. 1 of them doesnt have my permission to access my data 4 - CSE code breeches as detailed in your post above 5 - threatening behaviour I am sure I have missed something. I will send you a PM once I have pulld what I can for my evidence file. speak to you soon. Tbern, its Friday tomorrow I hope you have all your letters ready to post and completed you mcol or N1?

Give Chrarles my regards. I am sure he will remember me. Yes, that is the correct address.

wonder what would happen if you opened another flex account with them before they close down your account. My letter is closing the account with the charges on it, but what if (just for fun ) I opened a fresh flex account, just a basic account. One upmanship. Do you think they would notice? a big cash cow like this? I like the idea of having a NW account for use on holiday (cirrus) as it is the cheapest way to get to your cash.

so far I have had 4 recordeds that have done this. When you call to file a complaint they check another system and for all 4 of mine they showed there. Try calling them and see what they can find.

OK, I am starting to pull my evidence for my PPI claims. My reasoning for the claims that we were mis-sold the PPI with both of the companies we used was the same. 1 - When the application was completed over the phone I was asked if I wanted the PPI as it would ensure that the loan was agreed to, 2 - I would say that as I work for a large American owned multinational company with health insurance, full sick pay and enhanced redundancy package and Mrs DM was self employed and pays for a personal income protection policy and critical illness policy we did not need any PPI cover so we really did not need it. 3 - Again we were told that to ensure we got the loan we take out the PPI 4 - We had financial worries and did not have much choice with the lenders we could use and felt we had to take the loan that was on offer. We were not informed that we could cancel the insurance within 30 days of taking the loan after which time we could not cancel it. Any comments on the above?

Iain I left a reply in another thread about this, but I used Morpeth CC as it is Scotland side of Newcastle so only about 100 miles away. If you are in the west then go for Carlisle. I had no issue whatsoever, the staff in the court were really helpful and more than happy to answer my daily questions. You can freely call them anytime to ask for a progress update as all mail is sent our by second class post so is a couple of days after the event. Godd luck and let me know if you need any help. DM

bikerpaul nice twist, wish I had that info when I went after NW. However they have just stated that they are closing the account I am claiming on so my other accounts will be ok. I will then try to open a new flex account in a couple of months. Just for the fun of it nothing more.

Iain, I have successfully got cash from Nationwide twice now . I live in Scotland and my branch is in scotland and I used the Morpeth county court as it is near Berwick so should I have to have visited them it was only about 100 miles away. If you are over in the west then go for Carlisle county court.

on line only goes back 15 months but you can get a PDF version of the remaining statement upto 36 months online, cant remember how but I did it very easily.