lol I didn't even notice... Just couldn't believe what was said...

I would have to query this in relation to Cabot as they repeatedly state that they are not the creditor, be it third party or otherwise... Please follow Rhia's advice, send them a SAR and a CCA request. You are legally entitled to this information.

Wow look at the size of the Cabot Fan Club

Here you go Barclaycardt&c.pdf

Thanks Seahorse.. Hello again fellow Cabot victims.. After a break away from all things Cabot, I have now come back to the fold. Finally after nearly 8 months, I am getting closer to a court date. I hae today received instructions from the Judge that we must both file and serve all documents that we are going to rely on before 24th August 2007. My claim will then be heard at the earliest date after the 24th I had been working with them for a possible settlement, but the previously promised documentation has still not arrived. So I guess I better start copying all the information for my case.

Sorry to but in... Trust me, Seahorse has done more then his fair share of research. Please do not let their delibrate attempts to confuse you work. Seahorse is 100% correct. Kings Hill and Cabot (UK) are two different companies, they only exchanged names. That did not link them. It would be like us exchanging names, it would not mean that you was me or vice versa and it would not even make us related.

typical my signature isn't showing in my last post, maybe it will in this one

Greetings Mr Spud, always a plesure to read your posts. Take a look at my signature, this is something I am trying to put a stop too. I just need more people to sign up

I would highly recommend that no only you, but everyone else that is new to Cabot, take sometime to read this Dealing with Cabot 101 Then read, my thread, seahorses thread and Debt Mountain's thread. They will give you an idea of how to deal with Cabot and save you time in waiting for someone to answer your questions. Welcome to the fun world of Cabot

And on that note people, I will see you all in two weeks, Keep up the fight and don't let the bar stewards get you down

I recieved a letter from the Court on Friday, the Judge has struck out my claim fro Exemplary damages but has said that I can claim for ordinary damages. So I have submitted an amended claim today and I have sent the following email to Dean Spencer at Hodsons ----- Original Message ----- From: tbern123 To: email address removed Cc: [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] Sent: Tuesday, June 19, 2007 11:33 AM Subject: Claim 6QZ96662 19th June 2007 Mr Dean Spencer Hodsons Solicitors Dear Dean I hope you had a nice holiday. Upon your return you will learn that my claim for Exemplary Damages as been struck out. Following the advice of the Judge, I have now amended my claim for Ordinary Damages. I very much doubt you will be any less surprised then me, that Mr Wellinghoff on behalf of your client has chosen to ignore my two previous emails. I have now taken the liberty of informing the Court of this continued obstructive behaviour. It is a shame that after over nine months, we are no futher forward. Perhaps, if you had been involved in the begining there would not have been the need for litigation, as I have found your responses to be helpful, polite and supplied in timely fashion (unlike your clients) I can understand their lack of response and their surprise that a internal document signed by Mr Maynard, confirms that Kings Hill (No.1) Ltd (now called Cabot Financial (UK) Ltd) should be acting as the data controller and that no rights have been passed to Cabot Financial (Europe) Ltd. This document also confirms that both the rights and duties have been passed to Kings Hill (No.1) Ltd. On this occassion, this is not open to interpretation. Please let me know if you would like a copy of the Kings Hill (No.1) Ltd Account Sales Agreement contract and I will post you a copy. To make you aware and no doubt this will bring some relief to your client, I am going on holiday today for two weeks. Once again, I would like to take this opportunity to thank you for your own time and assistance in relation to this matter. Please find below a breakdown of my claim fro Ordinary Damages: Costs Incurred £10.00 Subject Access Request (to Cabot Financial (Europe) Ltd £10.00 Subject Access Request (to HSBC Bank) £35.94 Six months membership to Credit Expert, (to check my credit file @ £5.99 per month) £50.00 Miscellaneous costs (electricity, sundries and postage for the last 9 months) £50.00 Court Costs Total costs £155.94 In addition to the above costs, I would ask the Court to consider financial recompense for my own personal time, in trying to resolve this matter. I would ask the Court to take into consideration, that the Defendant has previously admitted that they did not take any action to verify the existence of the Debt before contacting the claimant. The Financial Ombudsman Service, recommend financial recompense of the equivalent of £10.00 per hour for the personal time take to resolve complaints. I first contacted the Defendant on 8th September 2006. 21 Days September 2006 31 Days October 2006 30 Days November 2006 31 Days December 2006 31 Days January 2007 28 Days February 2007 31 Days March 2007 30 Days April 2007 31 Days May 2007 Total Days: 264 On average I have spent, at least half an hour per day, researching the CCA 1974, the DPA 1998, the Debt Collection Industry and the Defendant. Taking into consideration the guidelines of the Financial Ombudsman Service, I would be entitled to £1,320.00. However, I personally feel this figure is unrealistic. I feel £350.00 is a fairer and more justifiable amount. Total claim Costs: £155.94 Time: £350.00 Total £505.94. Regards

Shock, Horror, Surprise. Mr Wellinghoff, didn't break from form and totally ignored me. So I sent this email ----- Original Message ----- From: tbern123 To: [email protected] Cc: [email protected] ; email address removed ; [email protected] ; [email protected] ; [email protected] ; [email protected] Sent: Thursday, June 14, 2007 7:44 PM Subject: Fw: F.A.O Mr W Wellinghoff 14 June 2007 Dear Mr Wellinghoff Further to my previous email of 3rd June 2007. I am disappointed but sadly not surprised that I have not recieved a response to my correspondance. You will do doubt agree that the lack of a response demonstrates the obstructive nature and continued contempt demonstrated by Cabot. I have sent a copy of my previous email and notification of your failure to respond to the ICO. I have also sent a copy of this email to Mr Jeremy Marsh of Kent Trading Standards. I look forward to your quick response to my concerns. Regards

Sorry, I have not been keeping this updated. I have been really bust with work and a few personal things. Anyway, update time. Dean Spencer has gone on holiday so I sent this email to Mr Wellinghoff ----- Original Message ----- From: tbern123 To: [email protected] Cc: email address removed ; [email protected] ; [email protected] ; [email protected] ; [email protected] Sent: Sunday, June 03, 2007 5:40 PM Subject: F.A.O Mr W Wellinghoff 3rd June 2007 Dear Mr Wellinghoff Thank you for letter of 24th May 2007 and the enclosed cheque for £10.00. Firstly, I would like to take this opportunity to express my amazement in relation to the content of your response: “Upon having reviewed the above account, I confirm that you have paid the fee for a subject access request twice. Please be advised that you should have only paid the statutory fee once in order to receive the whole file that Cabot Financial (Europe) Ltd holds and has processed on you” I am offended by the insinuation that this matter is my own fault because As you are fully aware, I made two separate payments to two different Data Controllers. I can confirm that I was instructed to do this by the Information Commissioners Office. They advised me to do this as, both companies are registered as Data Controllers.. In addition, you will recall that in the Defence documentation you personally signed on 4th April 2007, you clearly state: 15.It is admitted that, by letters dated 28th January 2007, the Claimant made subject access requests, under the Data Protection Act 1998 (“the 1998 Act”, for copies of all the data relating to the Claimant that was held by the Defendant and for copies of all data relating to the Claimant that was held by Cabot Financial (Europe) Limited. So despite my two letters of 28th January 2007, your above admission and the three emails I subsequently sent to you personally, apparently you feel that I am the one who made a mistake. I am sure you will agree that this is not the case and I would strongly suggest that the internal communication within the Cabot Group is urgently reviewed and improved as it is clearly not fit for purpose. I am disappointed and sadly not surprised that your response did not include an apology for the inconvenience caused by the Cabot Group. Regrettably this is consistent, with the patronising and self righteous belief that is continually repeated within the correspondence generated by the Cabot Group (excluding Hodsons Solicitors) Could you please clarify, which bank account cheque 300063 was credited too. You will understand my confusion, when you consider that this particular cheque was payable to Kings Hill (No.1) Ltd. Who were at that time the this cheque was presented for payment, a dormant company. As a qualified legal professional, I am sure I do not have to remind you of the Cheques Act 1992, which states: 81A. 1) Where a cheque is crossed and bears across its face the words "account payee" or "a/c payee", either with or without the word "only", the cheque shall not be transferable, but shall only be valid as between the parties thereto. Secondly, I would like to take this opportunity to ask for clarification in regarding your previous comments in relation to the rights, but not the duties being assigned to the Cabot Group. As stated in the Kings Hill (No.1) 'Account Sale Agreement' documentation: 2.11 Compliance with the Law (a) In relation to this agreement , and provided the Buyer is not prevented from so doing so by any act or omission of the Seller, the Buyer agrees to at all times to conform with all requirements of all applicable laws, rules and regulations including but not limited to Consumer Credit Act 1974 (and in particular to perform , so far as the Buyer is not prevented from doing so by anything reasonably beyond it's control), all obligations imposed on the creditor for the purposes of that Act in relation to Accounts and Account Agreements and the Administration of Justice Act 1970 Surely, 'all obligations imposed on the creditor' must include the duties of the original agreement. Furthermore, I would appreciate your comments in relation to the fact that Cabot Financial (Europe) Limited is acting as the Data Controller and processing my personal data. 2.10 Operational The Buyer shall, following the relevant Purchase Date, become the Data Controller. Please note the wording of the agreement. The Buyer shall, it does not say the Buyer's appointed agent shall. In summary, can you please answer the following questions in their entirety. How was a cheque payable to a dormant company presented for payment, in contradiction to the Cheques Act 1992 ? Why have you stated that the duties have not been assigned, when this is contradicted by a Sales Account Agreement signed by both Mr Maynard and Mr Crawford ? Under what authority is Cabot Financial (Europe) Limited acting as the Data Controller, as the authority would not have been given in Account Sales Agreement ?

Sorry, I know this is not about charges but Oh, I now have a new company on my Sh#t list. I have banked with Nationwide for nearly 7 years, in that time their service has been faultless, but boy have they let themselves down this week. Basically on Tuesday, the balance of my account was £600 less then it should have been. It later turned out that why I was at work in ENGLAND Someone had made a number of cash withdrawals at banks in India and Sri Lanka. Anyway, I didn't get any support or help from either their call centres of their on line banking service. I have decided to email the board of Nationwide. Here is my opening salvo to members of the board of Nationwide: ----- Original Message ----- From: tbern123 To: [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] Cc: [email protected] Sent: Thursday, June 14, 2007 7:26 PM Subject: Urgent Complaint Dear Sir / Madam Re: ******** /****** I would like to take this opportunity to make a serious complaint in relation to the service I have recently received from Nationwide and the fraud that has been committed on my account. On Tuesday 12 June 2007, I was shocked to see that funds of approximately £600.00 were earmarked on my account. I immediately, called your telephone banking service. The person I spoke to didn't even bother taking my account number, she calmly explained that until my account was actually debited there was nothing she could do. I explained that this was a considerable sum of money coming from my account and that I did not authorise any such transactions. She just repeated that there was nothing more she could do. I even asked her to put a note on my account to say that I had called and that I did not authorise these transactions. She said that she couldn't do this. She did not even offer me any other options. During the day, I became more and more concerned as I knew that I did not authorise these transactions. I telephoned your helpline again. This time, someone more helpful answered, he again confirmed that until the transactions had debited my account, there was nothing that he could do. However, he did explain that sometimes mistakes are made and that earmarked funds drop off after a couple of days. I also called later in the day, as I was unable to make a cash withdrawal from two different ATM's. I was told that there was no reason why I should not be able to make a withdrawal. Your records will indicate that throughout the day, I sent a number of messages via your online banking service in relation to my concerns regarding the transactions on my account. Sadly, I was not offered any options. Finally, I was advised that I should report these transactions as fraudulent. On Wednesday 13 June 2007, I signed onto my online bank account and was sickened to see the following transactions. 12 June 2007 Cash 0000000AWB1/Icbs RATMALAN AWB1. 5,000.00LKR at 218.150 £22.92 12 June 2007 Cash 0000000AWB1/Icbs RATMALAN AWB1. 20,000.00LKR at 218.197 £91.66 12 June 2007 Cash 0000000AWB1/Icbs RATMALAN AWB1. 40,000.00LKR at 218.197 £183.32 12 June 2007 Cash SCB Srilanka/Moratuwa Bra COLOMBO. 10,000.00LKR at 218.197 £45.83 12 June 2007 Cash State Bank of/Nal,Bangalo BANGALORE. 20,000.00INR at 79.856 £250.45 I visted my local branch to report these fraudulent transactions. I was surprised to be told by your advisor, that I was in fact the fourth person she had seen this week so far that this had happened to and that it could be that Nationwide customers are being targeted. I explained that I tried to withdraw funds yesterday, but my card appeared not to be working. She explained that my account was frozen. I found this odd as I was told yesterday that this was not the case. In summary, despite my repeated telephone calls and online banking messages to advise you that I did not authorise these transactions (before they debited my account), you still allowed these funds to be withdrawn. I found the level of customer service from your call centre, to be 'not fit for purpose'. It is sad that on each occasion that I have called, the first thing I am always told is that they can't help me with my request and I am never told what to do or who can help me. I am glad to say your advisor in your Dartford branch, was both helpful and sincere. May be your call centre staff should attend the training courses offered to your branch staff. Please excuse the tone of my letter. As I sure you will appreciate I am very angry that someone has withdrawn funds from my account, even though I had warned you the day before. As I have previously notified Nationwide, I am going on holiday on 19 June 2007, I need these transactions to be refunded in full before I leave and for my new debit card to be sent. I do not understand why I should be disadvantaged because you allowed someone else to debit my account. I understand that your fraud department must investigate this matter, however as this has happened to a number of customers and it is impossible for me to be in England, India and Sri Lanka at the same time to make these withdrawals, it is painfully obvious that this is fraud. Can you please tell me when my account with be refunded and when my new card will be sent. I am very disappointed by the conduct of Nationwide in relation to this matter, especially as I recall articles in the press in relation to customer information being ******. If I do not receive a satisfactory response to my concerns before close of business on Firday 15 June 2007, I will be left with little option but to contact the Sunday Mail, other national publications and the Financial Ombudsman Service. Regards Mr tbern123

As Seahorse said take some time to read the other threads and remember if in doubt post a question here.

when the phone calls start, send the following email to [email protected] and cc it to: [email protected] [email protected] [email protected] [email protected] [email protected] Mr Ken Maynard Cabot Financial (UK) Ltd 10 Kings Hill Avenue Kings Hill West Malling Kent ME19 4LT Dear Mr Maynard Your Ref: Further to the numerous telephone calls I have received from representatives of your company. I would like to take this opportunity to request that all attempts to contact me, via telephone stop. Please accept this letter as confirmation that any future telephone calls will be recorded. Cabots' behaviour constitutes harassment; I require all communications in writing for possible future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems. Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this email an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. This type of debt collection method is contrary to the 'Administration of Justice Act 1970' in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. I would like to take this opportunity to thank you for your time and assistance in relation to this matter. Regards

Hello, First thing I would recommend is read this quick overview http://www.consumeractiongroup.co.uk/forum/cabot/73598-dealing-cabot-101-a.html Secondly send the following letter, Mr Ken Maynard Cabot Financial (UK) Ltd 10 Kings Hill Avenue Kings Hill West Malling Kent ME19 4LT Dear Mr Maynard Your Ref: I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Regards

lol these people are really taking liberties....... There is a very good reason why they have sent you the updated terms and conditions. Sorry Cabot, I just have to burst your bubble and spoil your fun. Attached to this post is an actual copy of Barclaycards, previous terms and conditions. Please note: (half way down the second page) HOW WE USE YOUR INFORMATION We may give information about you and how you manage your account to the following: Anyone to whom we transfer or may transfer our rights and duties under this agreement. Oh dear, oh dear, oh dear.. The previous terms and conditions say rights and duties... Now, where have I heard that phrase before. Oh yeah silly me, Section 189 of the CCA 1974 They just keep setting them up and I keep knocking them down Barclaycardt&c.pdf

I think it is my own fault, I have raised a number of concerns in relation to their defence and I have also asked for the defence to be stuck out for about 5 different reasons. The Judge must have information overload

Hello All, I am a little disappointed that there are thousands of people complaining about Debt Collection Agencies and the like, yet only a couple of hundred people have signed these petitions. Please, take a few minutes of your time and do the right thing. Sign up and take a stand against these companies Petition One Petition to: Introduce legislation to give better protection from harrassment by Debt Collection Agencies. Debt Collection Agencies are increasingly targeting people for debts that they do not owe or dispute, which calls into question their tracing and data sharing procedures. Little or nothing can be done to deter the harrassment caused by them telephoning day and night, and a constant stream of pointless letters. People avoiding debt leave a trail of misinformation, something which DCA's don't seem to understand. To respond to a letter or call seems to be an automatic admission, whether or not the debt is actually owed. There has to be a better way to protect people from the tactics employed by these Companies, while correctly identifying evasive debtors. Petition Two Petition to: Restict Access to Consumers White Data By the Debt Purchase Industry. The Debt Purchase Industry, want to have access to Consumers Personal data, before they purchase a debt from a financial institution. Legislation should be introduced to strengthen Consumers rights for privacy and to prevent the Debt Purchase Industry accessing this data.

Hello All, I am a little disappointed that there are thousands of people complaining about Debt Collection Agencies and the like, yet only a couple of hundred people have signed these petitions. Please, take a few minutes of your time and do the right thing. Sign up and take a stand against these companies Petition One Petition to: Introduce legislation to give better protection from harrassment by Debt Collection Agencies. Debt Collection Agencies are increasingly targeting people for debts that they do not owe or dispute, which calls into question their tracing and data sharing procedures. Little or nothing can be done to deter the harrassment caused by them telephoning day and night, and a constant stream of pointless letters. People avoiding debt leave a trail of misinformation, something which DCA's don't seem to understand. To respond to a letter or call seems to be an automatic admission, whether or not the debt is actually owed. There has to be a better way to protect people from the tactics employed by these Companies, while correctly identifying evasive debtors. Petition Two Petition to: Restict Access to Consumers White Data By the Debt Purchase Industry. The Debt Purchase Industry, want to have access to Consumers Personal data, before they purchase a debt from a financial institution. Legislation should be introduced to strengthen Consumers rights for privacy and to prevent the Debt Purchase Industry accessing this data.

Does anyone know, how long it takes a Judge to review a case ? I called the court yesterday for an update or a possible court date and they advised me that the Case was sent to the Judge for review on 18 May 2007. There is nothing more they can tell me until, the Judge has completed the review. So now, I can only jest sit back and wait

Hello Josie, I would really appreciate it if you could elaborate further on your post as Cabot repeatedly tell people that they rights but not the duties were assigned

Hello, there reallt isn't a need for you to respond at the moment because the ball is now in their court. If they don't produce an agreement they are well and truely stuffed. I can help you with a response, but what is it you want to say to them

This is exactly what I am going to do this weekend. I will ask for HSBC comments in relation to the fact that Cabot have indicated in their defence that it was actually HSBC that breached the DPA no Cabot (UK)