Sorry Notty, not really sure on this one. From what I have read, the default would have been registered by the OC and DCA's only keep it updated. On this basis if you force the OC to remove the default, there will be nothing for the DCA to update

Copy and paste this into an email then send it to [email protected] and [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

4.44 ??? two thirds of the devil ??? If it came from Cabot, no doubt it would have been sent at 6:66pm

lol, no comment.. I appreciate that he has at least bothered to respond to me in a civil manner, without trying to brush me aside. Saying that, I will wait and see what his letters say first. Can't imagine I am going to like what they say. But hay ho

So in the next couple of days, I should get some answers to my questions. I am very interested to know how they interpret things and I can't wait to find out about my SAR and the £10.00 cheque.

Email 4 ----- Original Message ----- From: Dean Spencer To: tbern123 Sent: Thursday, May 17, 2007 4:44 PM Subject: cabot I have had the two letters typed and these should be in the post to you tonight,(postal services permitting) they should be with you in the morning. Regards, Dean Spencer. Hodsons.

Email 3 ----- Original Message ----- From: Dean Spencer To: tbern123 Sent: Thursday, May 17, 2007 3:23 PM Subject: Proceedings at Dartford county court I am not sure if you have heard from the Court recently,but I have dropped them a line to ascertain whether directions are being given in order that the matter can progress. If I hear anything I will inform you ,I should be grateful if you could do likewise. Many thanks, Dean Spencer.

Email 2 ----- Original Message ----- From: Dean Spencer To: tbern123 Cc: [email protected] Sent: Thursday, May 17, 2007 3:11 PM Subject: Cabot ats yourself. Just a quick e-mail out of courtesy to inform you that I should be in a position to let you have two letters very shortly in response to your earlier correspondence,(including your letter to Willem Wellinghoff).I think I should be able to e-mail them to you tomorrow. Regards, Dean Spencer.

I have to say this... Cabot should take note and learn from Dean Spencer of Hodsons. If they behaved more like him, I would not have started litigation. Im response to my email sent last night, I have today received 4 emails from Mr Spencer Email 1 ----- Original Message ----- From: Dean Spencer To: tbern123 Cc: [email protected] ; [email protected] ; [email protected] ; [email protected] Sent: Thursday, May 17, 2007 7:09 AM Subject: RE: Letter Before Action Mr tbern123 Thank you for your e-mail. I hope to be speaking to Mr Wellinghoff later this morning whereafter i hope to be in a position to respond to your letter. Dean Spencer. I kinda feel a little guilty, he sent this at 7:09 this morning. I had only just got out of bed at that time...

One thing I hate is being ignored.... I have just sent this email: ----- Original Message ----- From: tbern123 To: [email protected] Cc: [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] Sent: Wednesday, May 16, 2007 10:37 PM Subject: Letter Before Action Dear Mr Wellinghoff Further to your email of 9 May 2007, I would like to thank you for taking the time to respond to my correspondence. Sadly, I find myself yet again having to take time to contact your company. As stated in your email: “I have forwarded your e-mail to our solicitors, Hodsons, in order to respond” Sadly after seven days, I have had no response from Hodsons. As you should be aware, I wrote directly to Hodsons on 28 April 2007. I subsequently received a response from Mr Dean Spencer confirming that he must refer to his clients. You can image my surprise to read in your email, that you will refer to Hodsons. As Hodsons, cannot respond to me as they have to refer to their client and Cabot cannot respond to me as they have to refer to Hodsons, it would appear that there has been a complete breakdown of communication within your organisation or deliberate attempts have been made to avoid responding to my concerns. Contrary to your email and for the avoidance of doubt, please note the litigation I have instigated only relates to your ref: 1465790. This litigation, does not remove your responsibility and liability to deal with my concerns in relation to my Subject Access Request to Cabot Financial (UK) Limited (previously called Kings Hill (No.1) or the concerns I have previously expressed in relation to your ref 1173130. I can confirm that your ref 1173130 may be subject to further litigation. I have noted your request for all future correspondence to be addressed to Hodsons. However, I will treat your request with the same contempt that was given to the repeated requests made to your company to contact me on my mobile phone or after 6pm. As clearly demonstrated by my Subject Access Request, these requests were documented by Cabot and ignored. So much for the Office of Fair Trading guidelines. Further to my letter of 28 April 2007 addressed to Hodsons and my subsequent email to you, I respectfully ask for a response to the following questions in their entirety If Cabot Financial (UK) Ltd, does not hold any data about me, why was cheque 300063 sent to them, in relation to my Subject Access Request, debited from my account on 3rd April 2007 ? If Cabot Financial (UK) Ltd does not hold any data about me, what data was used to record and update the following default on my Credit File ? Company name: KINGS HILL (NO 1) LIMITED Account type: Credit Card / Store Card Started: 04/02/2000 Default Balance: £3,512 Current Balance: £3,895 Defaulted On: 21/01/2002 File updated for period to: 06/08/2006 What happened to my cheque between the day it was received and the day it was presented for payment. Why was my cheque presented for payment, so long after it was received. Why have I never received any correspondence directly from Cabot Financial (UK) Ltd / Kings Hill (No.1) Ltd Why did you, deny that cheque number 300063 had been presented for payment, by yourselves. Why was Kent Trading Standards misinformed in relation to this cheque. In relation to my personal data, are Cabot Financial (Europe) Ltd acting as a Data Controller. In addition to a full response to my concerns, I require an immediate refund of £15.00 (£10.00 Subject Access Request and £5.00 copy cheque fee). Please accept this letter as confirmation that I will instigate further litigation within seven days, if you fail to respond to this letter in full and refund the amount requested. I am sure you will agree, considering I first raised my concerns nine months ago and Cabot have failed to effectively investigate or even respond to my concerns, I have been very patient. To prevent any further delay, I have sent a copy of this email to Mr Dean Spencer of Hodsons and I will leave you both to refer to each other as much as you deem necessary. Regards tbern

I think this term is unfair to say the least, as it imposes more rights on one party of the contract....

Jeff is spot on. FIRE/Cabot are making things up as the go along. They can do what they like with your £1.00, both you and FIRE know this payment was made for a CCA request, not a reduction of your debt. You have made your request and the clocking it ticking.... Tick tock Cabot, your time will soon be up.

Don't think they are regulated by the FSA. You can complain to OFT and TS though

Mmmmmmmmmmm Is the letter signed on behalf of the Cabot Financial Group ?

Thanks Lizzie I found a form a few days ago, which allows you to make an application to the court for a defence to be struck out. It said that there was a fee of £50. Does any know the number of this form. I can't find it anywhere now

I wrote directly to Dean Spencer and he replied to me last week, stating that he will reply once he has refered to to his clients. Now the clients say they won't respond and have referred to Hodsons. I get the impression my chain is being pulled... *note to self, wash the word mug from your forehead

The things that has annoyed me, is that as I have told them before the litigation I have started is in relation to the HSBC account. The other two accounts will be the subject of further and separate litigation. They seem to use this as an excuse to push me to one side. Big Mistake !!!! Has they deny banking my chq, my bank are investigating this as fraud and the Police have been notified. If they want to play tough, I will write to the court this weekend and ask request for the defence to be struck out as it does not comply with the order of the hearing judge.

I got this response today ----- Original Message ----- From: [email protected] To: tbern123 Sent: Wednesday, May 09, 2007 8:35 AM Subject: RE: Urgent Response Required - Please do not ignore this email Dear tbern Thank you for your further e-mail addressed to our Chief Executive Officer, Mr. Ken Maynard. I have forwarded your e-mail to our solicitors, Hodsons, in order to respond. As previously advised, any correspondence must be referred to our solicitors as your matter is the subject of legal proceedings. I would therefore be grateful if you can forward any further correspondence to Hodsons Solicitors. Please be advised that any further correspondence relating to your matter and received by any company within the Cabot Financial Group shall be forwarded to our solicitors. The address for Hodsons Solicitors is: Hodsons Solicitors 2 Clifton Road, Rugby, Warwickshire, CV21 3PX. Thank you for co-operation. Kind regards Willem Wellinghoff Head of Compliance Cabot Financial (Europe) Limited 10 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LT DDI: +44 (0)1732 775 084 E-mail: [email protected] www.cabotfinancial.com

Thanks for the post lookinforinfo. Missed your input recently...

Please keep signing guys

ok we all know what s.189 says about the creditor. Anyway, The Under-Secretary of State for Trade and Industry Mr Gerry Sutcliffe, said: "Under clause 23, a debt purchaser who became a creditor or owner when he purchased the loan would require a licence So a Debt Purchaser does become the creditor, which means that all the rights and duties as per the CCA1974 apply to the DCA upon purchase. This is further confirmed by Dr Roger Lucas "Roger Lucas, of the Debt Buyers and Sellers Group, said: "When we take assignment of debts we stand in the place of the original creditor so it’s only right we should have the same obligations and rights." Credit Today online

Excellent link Richard.. it has given me a few things to think about

Seahorse is as always spot on. The only thing I would add for your own peace of mind is to SAR and CCA Cabot. Just remember on every letter state that you do not acknowlegde any debt to them.

Is misleading the Trading Standards serious ? Or charging for a SAR, when you say you hold no data ? I won't hold my breath on Cabot answering any of my questions... Be interesting to see what if anything, the ICO and Tradings Standards say though.

Sorry this is the email I sent ----- Original Message ----- *From:* tbern123 *To:* [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] *Cc:* [email protected] ; [email protected] ; [email protected] *Sent:* Monday, May 07, 2007 3:04 PM *Subject:* Fw: Urgent Response Required - Please do not ignore this email 7th May 2007 Mr Ken Maynard Cabot Financial (UK) Limited 10 Kings Hill Avenue Kings Hill West Malling Kent ME19 4LT Dear Mr Maynard Further to my previous email of 8 April 2007 and your subsequent response of 10 April 2007, sent by Mr Willem Wellinghoff, Head of Compliance, Cabot Financial (Europe) Ltd. Firstly, can you please confirm why a response was sent by Cabot Financial (Europe) Ltd, when my correspondence was clearly addressed to Cabot Financial (UK) Ltd. 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. As I have not received any documentation or correspondence from Cabot Financial (UK) Ltd (previously called Kings Hill (No.1) Ltd), I was surprised that this cheque debited my account 65 days after I made my original request. Naturally, I contacted you to raise my concerns. I would like to take this opportunity to refer you to Mr Wellinghoff's letter of 10 April 2007, he states: "Furthermore I would wish to clarify that Cabot has not presented any cheque reference 300063 for payment on 3 April 2007" I understand that a representative of your company has also informed Mr Jeremy Marsh of Kent Trading Standards that you did not present cheque number 300063 for payment. Please find attached to this email, a copy of cheque 300063 obtained from my Building Society. payable to Kings Hill (No.1) Ltd. I have taken the liberty of sending a copy of this email to Mr Marsh, as I am sure he will share my disappointment that you misinformed him in relation to the payment of this cheque. I have also sent a copy of this email to the Information Commissioners Office, as Cabot Financial (UK) Ltd have charged me for a Subject Access Request and have failed to send me any documentation or contact me directly in relation to my request. I would respectfully ask that you answer the following questions in their entirety. 1. What happened to my cheque between the day it was received and the day it was presented for payment. 2. Why was my cheque presented for payment, so long after it was received. 3. Can you please explain why you have charged me for a Subject Access Request and not provided me with any documentation. As Kings Hill (no.1) Ltd incorrectly registered and updated a Default on my credit file, you must have data relating to me. 4. Why have I never received any correspondence directly from Cabot Financial (UK) Ltd / Kings Hill (No.1) Ltd 5. Why did Mr Wellinghoff, deny that cheque number 300063 had been presented for payment, by yourselves. 6. Why was Kent Trading Standards misinformed in relation to this cheque. 7. In relation to my personal data, are Cabot Financial (Europe) Ltd acting as a Data Controller. I hope that on this occasion, you will treat my correspondence with the seriousness that it deserves and not ignore it as previous occasions. In summary, Cabot Financial (UK) Ltd have exceeded the maximum time frame of 40 days to comply with a Subject Access Request and I feel that deliberate attempts have been made by your company to mislead Kent Trading Standards. In addition to answers to my questions, I would also very appreciate your comments in relation to this matter and a refund of this cheque and reimbursement of my costs. Regards Mr tbern123 ----- Original Message ----- *From:* tbern123 *To:* [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] *Cc:* [email protected] ; [email protected] *Sent:* Sunday, April 08, 2007 5:39 PM *Subject:* Urgent Response Required - Please do not ignore this email 8th April 2007 Mr Ken Maynard Cabot Financial (UK) Limited 10 Kings Hill Avenue Kings Hill West Malling Kent ME19 4LT Dear Mr Maynard I am very disappointed that I am forced to write to you again, in relation to the conduct of your company. As you are fully aware on 28 January 2007, as per my rights under the Data Protection Act 1998, I made two Subject Access Requests. My first request was made to Cabot Financial (UK) Limited and my second request was made to Cabot Financial (Europe) Limited. I would like to take this opportunity to refer you to the letter I received from your legal representatives Hodsons Solicitors, dated 20 February 2007. Mr Dean Spencer states: "Cabot Financial (Europe) Limited is contracted to act as an agent for Cabot Financial (UK) Limited (formerly Kings Hill (No.1) Limited) Your subject access request sent to Cabot Financial (UK) Limited was passed to Cabot Financial (Europe) Limited in order to process the request. We are instructed that Cabot Financial (UK) Limited does not hold any data to which relates to your request." He continues.... "For the avoidance of doubt we are instructed that Cabot Financial (UK) Limited does not hold any data about you. *_It is Cabot Financial (Europe) Limited that holds the data_* and therefore it will be that company which responds to any subject access requests directed to the Cabot Group." Following receipt of my Subject Access Request, cheque number 300064, payable to Cabot Financial (Europe) Limited was presented for payment on 12 February 2007. As confirmed by Mr Dean Spencer, it is Cabot Financial (Europe) Limited that holds the data, so I can understand why this particular cheque was presented for payment. You can imagine my surprise, to learn that Cabot Financial (UK) Ltd presented cheque number 300063 for payment on 3 April 2007. My letter of 28th January 2007, clearly states, that payment was in relation to a Subject Access Request. As Cabot Financial (UK) Limited were unable to fulfil my request can you please let me know why this cheque has now been presented for payment. I cannot understand the completely unprofessional conduct of the Cabot Group of companies. I have already commenced legal proceedings against Cabot Financial (UK) Limited and I am in the process of making a formal complaint to the Financial Ombudsman Service, in relation to some of my other concerns. I would have thought that given the circumstances, you would have ensured that I would not have further cause to complain. Sadly this is not the case and I require your urgent response. I have taken the liberty of sending a copy of this email to the Information Commissioners Office and to Kent Trading Standards, both of which I will now be making formal complaints too. Regards Mr tbern123 CC Information Commissioners Office Kent Trading Standards