I would have settled for a simple apology. Since that was not arrive, I will now be seeking compensation. I forgot to add, Hodsons sent me a copy of a Cabot account statement and this only shows one cheque. So how can they review the same account and see two payments..

Thanks DM, I stupidly thought, that I was dealing with reasonable people and that if I treated them with respect, they would do the same. Oh well, lesson learned.

I am sending a copy of all correspondance relating to this matter to the Court. This clearly shows the games that Cabot play. I first made a complaint to them 9 months ago. I haven't even started with them yet. Until today, this was a side line, a hobby. Now it is my mission.

I am really annoyed (being polite) The sheer arrogance of these people. I hope that Mr WW is honestly trying to be funny. As regular reader will know, I sent Kings Hill (No.1) Ltd and Cabot Financial (Europe) Ltd the two following letters and For the benefit of Mr WW In my email to WW dated 8/4/7 I said: "My first request was made to Cabot Financial (UK) Limited and my second request was made to Cabot Financial (Europe) Limited." In my email to WW dated 16/4/7 I said: "As I am sure you are aware, I made two separate Subject Access Requests. I wrote to Kings Hill (No.1) Limited and to Cabot Financial (Europe) Limited. Each letter, was accompanied by a cheque for £10.00. cheque 300063 was payable to Kings Hill (No.1) Limited and cheque number 300064 was payable to Cabot Financial (Europe) Limited." In my email of to WW dated 7/5/7 I said: "As advised on 28 January 2007, I made two separate Subject Access Requests to both Kings Hill (No.1) Ltd (now called Cabot Financial (UK) Ltd) and to Cabot Financial (Europe) Ltd. I made two separate requests, as previously confirmed by the Information Commissioners Office, both companies are registered as Data Controllers. Enclosed with each request were cheques to pay the statutory fee of £10.00. Cheque number 300064 was payable to Cabot Financial (Europe) Ltd and was debited from my account on 12 February 2007. However, cheque number 300063, payable to Kings Hill (No.1) Ltd did not debit my account until 3 April 2007" For the benefit of Mr WW and for the avoidance of doubt. I sent them TWO letters and THREE subsequent emails, clarifying that I have made TWO SEPARATE requests. Based on the above and that it took them nearly two months to realise that they had made a mistake, what do you think they would do ? Did someone say apologise ?????? No their response clearly demonstrates the contempt that they hold for their "customers". I am appalled by the shear arrogance of their response. I have today received a refund of £10.00 from Cabot (After repeatedly chasing them and contacting Kent Trading Standards) What has really peed me off and I know that this was done to get a reaction is their response. Dear Mr tbern123 Blah blah blah.. Upon having reviewed the above account. I confirm that you have paid the fee for the subject access request twice (no s**t sherlock). 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. (Oh, now I understand. Thank you ever so much for explaining that to me. So it is my fault that you presented a cheque payable to a dormant company for payment. It is also my fault that despite two very clearly worded letters and three emails, Cabot didn't realise what happened. I AM SO VERY SORRY) As a result of ther above. I have enclosed acheque for £10.00 in order to refund the overpayment of the statutory fee for a subject access request. (Am I supposed to be grateful, that they have taken since 28th January 2007 to realise what happend) Then there is some rubbish about asking me to write to their Solicitors and not them... Yes I am angry and very annoyed. I have said it before, I don't like being treated like an idiot. If they want to yank my chain, they can, But, boy I am going to start yanking theirs

Very interesting thread

Have you sent a SAR to Cabot Financial (UK) ? I would strongly suggest you do, as their response will have an impact on your case. I will send you a pm to explain

Thanks LFI,,,

Firstly, I would say read this http://www.consumeractiongroup.co.uk/forum/cabot/73598-dealing-cabot-101-a.html Don't pay them anything as the debt is 8 years old. If I was you, I would send a Subject Access Request to Cabot, this will get you a copy of all their records and make a CCA request.

Oh dear, oh dear The terms of the agreement were assigned to Cabot UK not Europe, so I would interpret this as an admission of guilt. Ask them who the Data Contoller is. They have confirmed to me that UK does not process any customer data. However, as previously stated Europe don't have the right to do anything. They just keep digging

On one hand it is nice to see that they have started to modify their letters. Shame that they keep chatting rubbish though. "With regards your concern on processing your data, Cabot is legally entitled and obligated under the original credit agreement and under the Data Protection Act to process information and also to report to the credit reference agencies." 1) obligated under the original credit agreement Don't know about anyone else, but isn't an obligation the same as a duty ??? 2) Cabot is legally entitled Cabot Financial (Europe) Ltd, are only legally entitled to do two things. one being Jack and the second being S**t I would write back and ask them for clarification in relation to their obligations and ask them to prove that they are legally entitled to do this. How can they say, only the rights, but not the duties have been assigned and in the next breath say they are obligated under the original agreement. For the sake of clarity and this is for the benefit of WW. Nothing has been assigned to Cabot Financial (Europe) Ltd ("Cabot"), All of these accounts were assigned to Cabot Financial (UK) Ltd.

If this is the real Mr Spencer, can we all please give him some slack. He has never behaved like our friends at Cabot. He replies to emails and questions. He has been very helpful. Respect where respect is due. As for WW, it is open season where he is concerned. He has fobbed me off to many times.

Thank you, I know it is only £10 But it shows that they do make mistakes and don't bother to actually investigate complaints. Mistakes have been made at Cabot Towers

Quick summary of events. So fair I have: 1) Forced Cabot to remove a default from my credit file 2) Forced Cabot to remove a search from my credit file And now I am 3 for 3 :D :D As people will know, Cabot have previously denied cashing my cheque.... But no more... I received this response from their Solicitors today ----- Original Message ----- From: email address removed To: tbern123 Sent: Thursday, May 24, 2007 10:04 AM Subject: Cabot Morning Mr tbern123, Hope you are well. I have been out the office for 2 days. I spoke to Willem Wellinghoff about the £10 issue.It appears that you have paid this twice therefore a refund of £10 is being sent to you by Cabot. I have to address the other issues you raised and once I have "sorted myself out" from my 2 days out I will then address the outstanding issues. Regards, Dean Spencer. So that would be tbern123 3 - 0 Cabot

If I was you, I would ring the court.. Must be a typo... Could be June or July....

So far Dean Spencer has been the only person, to take this seriously and actually bother to provide me with answers to my questions. I don't understand why WW, did not clarify the situation in relation to chq 300063. The two things I hate most, is when people treat me like an idiot or ignore me. Cabot have done both time and time again, Of course, when I get to court I will inform the judge of this farce and their continued attempts to delay and cause confusion:mad:

Couldn't let the weekend go by without sending an email ;-) ----- Original Message ----- From: tbern123 To: [email protected] Cc: [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] Sent: Sunday, May 20, 2007 10:50 PM Subject: Cabot Financial (UK) Ltd Mr Dean Spencer Hodsons Solicitors Glebe House 2 Clifton Road Rugby CV21 3PX Dear Mr Spencer, Thank you for both of your letters dated 17th May 2007, I can confirm that these were both received on 19 May 2007. I would also like to thank you for taking the time to respond and for providing me with answers my questions. Sadly, I am confused by the content of your response and I would very much appreciate clarification in relation to the content of your letters. Firstly, I would like to refer you to “Letter One” '3. Cabot Financial (Europe) Ltd has provided all data processed by it. Cabot Financial (UK) Ltd (formerly Kings Hill (No.1) Limited) is the assignee of the debt and as the purchaser of the debt has a duty to report or continue to report to the CRAs 4. Cabot Financial (UK) Ltd does not process any data relating to customers, only Cabot Financial (Europe) Ltd does so. The latter is the servicing company for the group.' I am sure you will fully appreciate my confusion. If Cabot Financial (UK) Ltd, does not process any customer data, how can it as the assignee report anything to the CRAs. As Cabot Financial (Europe) Ltd are not the assignee, I trust that they is not reporting or continuing to report to CRAs as no rights have been assigned to them. I am very disappointed with the tactics initiated by Mr Wellinghoff, in relation to cheque 300063. I would have presumed as a qualified professional he would not resort to word games. In his letter of 10th April, Mr Wellinghoff states: “I would wish to clarify that Cabot has not presented any cheque with reference 300063 for payment on 3 April 2007” I note that you state in letter one: Paragraph 6 “This is incorrect. Mr Marsh was informed by Mr Wellinghoff that the cheque was not presented on the date alleged.” However, Mr Marsh stated in his email (which I can forward to you, if you so wish): “Apologies for not getting back to you on this point. I have spoken to my contact at Cabot who states that they do not accept the cheque was presented by them.” I can only assume that there has been a complete breakdown in communication between, Cabot Financial and Kent Trading Standards, however I will revert to Mr Marsh for clarification. Your letter, has been the first confirmation I have received that cheque 300063 was actually presented for payment by Cabot. I would very much appreciate an explanation as to why this was not previously clarified by Mr Wellinghoff. I have interpreted this as a deliberate attempt to cause delay and confusion. In letter two, you state: 'Kings Hill (No.1) Ltd changed its name to Cabot Financial (UK) Ltd as you are aware this may account for the apparent confusion in relation to cheque 300063. That cheque was payable to Cabot Financial (UK) Ltd, the cheque was accepted by Cabot Financial (Europe) Ltd as the servicing company on behalf of Cabot Financial (UK) Ltd.' Contrary, to the information provided by your clients I have attached a copy of cheque 300063 to this email. You will note that the cheque was actually payable to Kings Hill (No.1) Ltd, NOT Cabot Financial (UK) Ltd. If you look carefully on the bank of the cheque, you will note that it has been date stamped by Barclays 30th March 2007, it subsequently debited my account on 3rd April 2007. Furthermore, as a separate Subject Access Request was made at the same time to Cabot Financial (Europe) Ltd, I have actually been charged twice, by Cabot for one Subject Access Request. Taking into consideration that a payment had already been made to Cabot Financial (Europe) Ltd and as Cabot Financial (UK) Ltd claim that they don't process any customer data, cheque 300063 should never have been presented for payment. I am also surprised that a cheque crossed account payee only, payable to Kings Hill (No.1) Ltd (now a dormant company) was presented for payment, maybe you could clarify the name of the account that this cheque was credited too. In summary: If Cabot Financial (UK) Ltd does not process customers data, how as the assignee does it report or continue to report to CRAs? Why did Mr Wellinghoff not clarify that cheque 300063 had in fact been presented for payment by Cabot? Why have I been charged twice for one Subject Access Request? What is the name of the account that cheque 300063 was credited too? For the avoidance of doubt, I have made a number of attempts to resolve this matter, which have either been ignored or not clarified by Cabot. As previously advised, unless I am in receipt of a full refund before Thursday 24th May 2007, I will instigate further litigation. I would like to take this opportunity to thank you for your time and assistance in regard to this matter Regards Mr tbern123

The point, both Hodsons and Cabot seem to have missed, is that they have charged me twice for ONE SAR. They have now confirmed they recieved ny chq 300063 on 30 Jan 2007 and due to a bank error, it did not debit my account until March. However, the whole point is that they should never have banked it anyway, as I had also sent a chq for (europe). So I will go back to them with two questions. 1) Why did they charge me twice ? 2) As the chq was payable to Kings Hill, how did they manage to bank it, as at that time Kings Hill was a dormant company. I will also remind them that if they don't refund me, I will be taking them to court for a refund of the fee (and report them to the ICO again !!!)

Guest gone now, just me and ODC

Sorry this is a balant additional post to reach 1000 posts.. Just for the record, the statement they refer me to in relation to cheque 300063 is not a bank statement, but a Cabot internal statement. Clearly showing they receive this cheque on 30 January 2007

I wonder who the guest is that is reading my thread ??? Anyway in summary, I have been charged by both companies for one Subject Access Request. They say (UK) does not process data, but reports to data to CRA's (nice trick, worthy of Paul Daniels) They think that it is not relevant that (UK) is registered as a Data Controller (begs the question, why are they registered then?)

Now this is where I get really confused and I need someone to explain this to me. Data Protection Act They say: We are instructed that Cabot Financial (UK) Limited does not process customer data. They also say: 3. Cabot Financial (Europe) Ltd has provided all data processed by it. Cabot Financial (UK) Ltd (formerly Kings Hill (No.1) Limited) is the assignee of the debt and as the purchaser of the debt has a duty to report or continue to report to the CRAs 4. Cabot Financial (UK) Ltd does not process any data relating to customers, only Cabot Financial (Europe) Ltd does so. I say: What ???? As the purchaser of the debt has a duty to report or continue to report to the CRAs. But and this is the real kicker, in the same paragraph, I am told that they don't process data. So if they don't process data, how exactly do they report anything to the CRAs ???? (yes I know in acutal fact it is Cabot Financial (Europe) Ltd, that reports the data to the CRA's, because experian have written to me and told me) They say: 7. Cabot Financial (Europe) Ltd is the licensed Data Controller and registered with the Information Commissioner. It is not relevant that Cabot Financial (UK) Ltd is also a seperate data controller for the purposes of the act as it does not actually process data. I say: Oh really. As much as I hate to say it, I can understand the right being passed to Cabot Financial (UK) Ltd as the assignee to process data, but no rights have been assigned to Cabot Financial (Europe) Ltd to do anything. So I think this is very relevant. And for the record so does the ICO: ICO say: It may be the case that Cabot Financial (Europe) Ltd has simply misinterpreted their role as a data controller under the Act. After all, Cabot Financial (Europe) Ltd and Cabot Financial (UK) Ltd are both registered with the Commissioner as separate data controllers under the Act.

Firstly, in relation to the infamous cheque 300063. They say: Paragraph 2 We are instructed that Cabot Financial (UK) Limited does not process customer data. As a result the payment forwarded to Kings Hill was paid to Cabot Financial (Europe) Limited in order to process the subject access request for that account. Our clients deny that the cheque was cashed on 3rd April 2007 as alleged and we enclose a copy statement for your perusual. The answer may be a banking error. I say: This could be a possibility, as it is not unknown for a cheque to be lost then found in the clearing system. However, I am confused as I sent two cheques. One payable to Kings Hill (No.1) Ltd 300063 and one to Cabot Financial (Europe) Ltd 300064. BOTH HAVE BEEN CASHED They say: Paragraph 6 This is incorrect. Mr Marsh was informed by Mr Wellinghoff that the cheque was not presented on the date alleged. Mr Marsh said: ----- Original Message ----- From: removed email address To: tbern123 Sent: Thursday, April 26, 2007 7:54 AM Subject: RE: Cabot Financial Group Dear Mr tbern123 Apologies for not getting back to you on this point. I have spoken to my contact at Cabot who states that they do not accept the cheque was presented by them. I am aware that your dispute with Cabot has reached the courts and I would hope that this and other issues you have raised are dealt with. As I mentioned in my last email, most of those issues are outside our remit but I would appreciate if you could contact me with the outcome Regards Jeremy Marsh I say: So are they saying that Trading Standard lied to me then ?? They say: 1. Cheque was presented on 30th January 2007 They also say: Kings Hill (No.1) Ltd changed its name to Cabot Financial (UK) Ltd as you are aware this may account for the apparent confusion in relation to cheque 300063. That cheque was payable to Cabot Financial (UK) Ltd, the cheque was accepted by Cabot Financial (Europe) Ltd as the servicing company on behalf of Cabot Financial (UK) Ltd. I say: Mmmmmm not quite.. The cheque was payable to Kings HIll (No.1) Ltd and was crossed account payee only. A seperate cheque 300064 was sent to Cabot Financial (Europe) Ltd, so I have been charged twice for one Subject Access Request.

ok, Postie came today, bearing letters from Hodsons.... I have read the letters a couple of times and I now have a headache... I will post the content and show the inconsistentcies.....

Neither the DCA or OC keep it going.. That is all down to the CRA's.. When I have asked Cabot why they put a default on my file, they say they didn't they are just updating it. However, under the LPA Cabot do have the right to remove the default from your credit file.. Sorry I think I am just confusing the issue.. Come on guys, someone help Notty with this

Nothing as yet from the Postman