Cabot/Kingshill

[andrew1]

Right. You say all are from 'Cabot' From now on we will refer to Cabot by their full name on their letterhead as, as you found out from Co's Hse, there are a whole load of companies in the Cabot Financial Holdings Group Ltd. Some Dormant some active and with the t/over they will be using others no doubt.

From your perspective and your situation there are two issues, 1) who wrote to you first and what was actually said in those letters ie: "we have purchased the debt from xyz company" and if you have a default on your file who actually registered it. It was probably Kingshill No1 Ltd

 

The issue is to establish what they have done to inform/ask your permission to pass your data from one company to another under the Data Protection Act and sue them accordingly and write to the Information Commissioner about their abuse of your rights to pass data.

 

2) the detail of the debt and their obligations to supply you with the supporting documents under the CCA request. They probably won't have it and you probably won't get it so the second issue is to report them to Trading Standards nearest to them in Kent.

 

As you are far down the line and seeing solicitors these items above are the ones you need to highlight and get to the forefront of, I'd also consider if they have registered defaults and they have affected your credit rating and ability to get credit without paying higher % interest rates you seek compensation ( Pro rata the claim to reflect how other defaults on your file might also have contributed) .

 

Hope this helps.

[diddled]

The link below takes you to Cabot's registration entry that is held by the Information Commissioner.

I hope this helps.

Cabot Financial Europe Ltd

Information Commissioners - Data Protection Register - Entry Details

[tbern123]

I note that entry does not mention Kingshill No.1 Ltd...

 

Have you tried searching their name

Information Commissioners - Data Protection Register - Entry Details

 

Now, this is what perked up my interest....

 

Data Protection FAQs – For organisations

 

Q: What do I need to put in my fair processing notice, which is given to individuals before I process their information? You will need to outline what and how information is going to be processed. This is to make sure the individual knows exactly what is going to happen to their information and how it is going to be used. You shouldn't be doing anything with personal information unless the individual is made aware (unless certain exemptions apply)

So has anyone received a Fair Processing Notice from either Kings Hill No.1 Ltd or Cabot Financial (Europe) ltd ??

[Rhia]

The answer to your last question tbern is no. No-ne has contacted me with this information. I will have to sort this out tomorrow when my head is a bit clearer but please keep adding your info I am incredibly grateful to everyone who has tried to help here.

[Rhia]

Also I need to get a copy of my credit report as I have not seen it recently so don't know who, if anyone has marked a default.

[diddled]

Just checked IC register again and there isn't a registration entry for Kingshill

[Rhia]

Sorry diddled being a bit thick. What does this actually mean? Can't anyone take action against them?

[tbern123]

Just checked Information Commissioner register again and there isn't a registration entry for Kingshill

 

That is what I thought at first. If you search on the name, nothing comes up. But try searching under the post code and you find this

 

Information Commissioners - Data Protection Register - Entry Details

[diddled]

Both Cabot and Kingshill have separate registration numbers. Strange that a search under Kingshill name doesn't reveal an entry, but their address does. So much for transparency.

[andrew1]

Well done everyone, we are getting to the bottom of these clowns. What you have picked up tbern from the IC list is brilliant and just what so many of us needed, I hadn't got as far as that yet, but I'm going to be reading the whole lot over the weekend. We are getting closer

[Rhia]

OK this is what I am doing.

Write to court to ask them to suspend thsi action as ownership in serious doubt and enclose info form Companies House etc.

Serve notices on both Cabot & Kingshill for production of paperwork to see if they can susbtantiate their claims. Also add compliant re illegal sharing fo data. If they fail to comply with all this then report to Trading Standards and OFT.

Coevr all this in to their Chief Exec as I have unearthed a lovely quote saying they beleive in "persistent persuasion" and treating the debtors with courtsey and consideration (unbeleiveable and I'll post it on here).

Finally I will write to the credit card company pointing out their obligations etc and reiterating that I was always ready to settle. Which I was it was just that they asked me for a twice as much as I could offer. Another credit card company has settled for exactly the same amount I offered and the debt was amlost the same amount. I have never been trying to avoid payting it's just that I became extremely ill and was unable to work. Good working. Keep checking in and adding bits n pieces.

[Rhia]

LATEST CSA REPORT SHOWS IT'S TIME FOR A NEW APPROACH TO CONSUMER DEBT – from Business Credit Management UK

The Credit Services Association (CSA) issued a report this month, which not only highlights the massive increase in consumer debt but also underlines a change in attitudes towards debt recovery amongst lenders and debt collection agencies themselves.

Consumer debt in the UK has now reached a staggering £50 billion, with credit card lending having all-but doubled over the last four years and structured personal loans overtaking overdrafts as a primary source of finance in the same period.

With nearly half (47% - i.e. 22 million people) of the adult population now having a store card, lenders are placing even greater on customer retention as competition grows. The research went onto explain that market conditions had influenced the approach debt collection agencies are taking as greater emphasis is being placed on maintaining a long-term relationship with the customer.

Ken Maynard, Managing Director of Cabot Financial, a market leader in debt Purchase and management and a member of the CSA comments, "We welcome the findings of this report at a time when it is important for banks and financial institutions to consider the type of company they partner with when recovering and managing debt."

Cabot has adopted a unique approach called Polite Persistence. The foundation of this approach is to build a positive and trusting relationship with the customer. The other key element in all collections activity is the safeguarding of the original lender's reputation. Cabot's approach is therefore relationship rather than transactional driven.

Mr Maynard continues, ". At Cabot, we pride ourselves in treating cardholders and borrowers as customers and manage them with respect while trying to negotiate a payment plan that is effectively adhered to and is realistic".

Ken Waters, President of the CSA commented further, "These changes in attitude have in turn impacted on the approach of the debt collection agencies. The research found that the emphasis of initial customer contact has now moved away from a relatively 'hostile' contact aimed at collecting overdues, to one of 'customer-care'; maintaining the relationship with the customer, and encouraging the customer into better payment habits."

The report continued to explain a growing trend amongst lenders towards using fewer agents with closer contact and integrated information systems suggests that there will be fewer collection agencies in the future, but they will be larger and more sophisticated.

"We achieve excellent productivity through a combination of quality information systems and collection procedures together with a highly trained and motivated team. We use state-of-the-art call centre technology and have a sophisticated IT functionality. Every client that Cabot has partnered with has returned to us for a repeat transaction." commented Mr Maynard.

[andrew1]

Oh how sweet of Mr Maynard Rhia !

 

I received this recently - shows the double Dutch and lack of clarity of who is actually writing or chasing unless you can absorb all the info on the second sheet and make sense of it. Everything is written on Cabot Financial (Europe)Ltd paper and states ' purchased by the Cabot Financial Group ( no such legitimate name). So cabot have written their original letter first in the (Europe) name so have already been passed data by Kinsghill No1 Ltd BEFORE Kingshill have written to me asking for my permission to process my data. These two letters are front and back of the same sheet:

 

 

Page 1.

Cabot Financial (Europe) Limited

P0 Box No. 241

West Mailing

Kent ME19 4NA

Mon to Fri 8:00 - 21:00 Sat 9:00 - 17:00

01732 775490

 

Cabot Ref No: xxxxxx

Account Type: xxxxx Bank - Account Number: xxxx

—

 

Dear Mrs…..,

The account you held with xxx Bank, was purchased by the Cabot Financial Group. The outstanding balance is currently £xxxxx.

Cabot Financial (Cabot) has a wealth of experience in assisting our Customers with their financial difficulties and resolving their outstanding accounts.

Cabot understands that people often have individual circumstances to consider. Cabot is here to help you.

It is imperative that you contact Cabot to discuss how we can help you to resolve this

outstanding Account.

Cabot offer several payment methods and you can pay us by any of the following methods:-

1. Debit/Credit card.

2. Cheque or postal order today. (Please ensure all payments are payable to Cabot Financial (Europe) Limited and that you quote your Cabot reference number)

3. By Direct Debit/standing order.

4. At the Post Office (Please telephone us and we will give you advice on how to make a payment at the Post Office).

To see how Cabot can best help you please telephone us now on 0845 0700 116 or alternatively log onto the Cabot Financial Web Site at Cabot Financial

 

Yours sincerely

 

Peter Anderson

Customer Liaison Manager

Cabot Financial (Europe) Limited

If you have made contact with a Money Advisor, who is now dealing with this account on your behalf, please call us immediately to provide us with their

contact details and we will be happy to deal with them direct.

Please ensure you read the enclosed ‘Additional Information’

Page 2

 

Additional Information

 

1. Kings Hill (No.1) Limited is the legal owner of the account, referenced overleaf.

2. Kings Hill (No.1) Limited is part of the Cabot Financial Group whose accounts are serviced by Cabot Financial (Europe) Limited.

3. This letter acts as notice of the assignment of your account to Kings Hill (No.1) Limited and as such should be kept.

4. As the Group’s servicing company, Cabot Financial (Europe) Limited are entitled to receive payment of the full amount outstanding, on behalf of Kings Hill (No.1) Limited.

5. Interest may be accruing on your account in accordance with the terms of the original credit agreement.

6. If you wish to take legal advice, you should do so as a matter of priority.

7. All correspondence should be sent to Cabot Financial (Europe) Limited at the address shown below.

8. All cheques and postal orders should be made payable to ‘Cabot Financial (Europe) Limited’ and sent to the address shown overleaf. Please ensure you write your Cabot reference number on all correspondence.

9. Accepted payment methods; cheques, postal orders, Direct Debit, Giro (by post or over the counter at your local bank or post office), post office payment card, Switch, Solo, Visa Delta, MasterCard, Visa, American Express and via our website Cabot Financial.

10. Information about your debt may be sent to the Credit Reference Agencies.

11. This communication is an attempt to collect a debt and any information obtained will be used for that purpose.

Cabot Financial (Europe) Limited is licensed under the Consumer Credit Act 1974.

Registered in England and Wales with Company No.3439445. Registered Office 10 Kings Hill Avenue, Kings Hill, West Mailing, Kent. MEI9 4LT

[Rhia]

I haven't received any letter like this. Perhaps it's a much more recent innovation. However I believe the expression is hoist by their own petard. An interesting development.

[andrew1]

It just interests me that they can use so many combinations of the name' Cabot' knowing that each has a legal entity to it. This is why if suing them you have to be so careful to get the right company for the right bits. Be interesting to hear how your solicitor veiws this.

[Rhia]

The more I look at this the more I believe the use of the two different companies is deliberate to confuse people. This not only makes it illegal it is morally unjustifiable. I will let you know what the lawyers say.

[Rhia]

From a specialist lawyer: It appears that ANY breach of the Data Protection Acts is also a breach of the Human Rights Acts. Will update this when I have more.

[debt_mountain]

OK this is what I am doing.

Write to court to ask them to suspend thsi action as ownership in serious doubt and enclose info form Companies House etc.

Serve notices on both Cabot & Kingshill for production of paperwork to see if they can susbtantiate their claims. Also add compliant re illegal sharing fo data. If they fail to comply with all this then report to Trading Standards and OFT.

Coevr all this in to their Chief Exec as I have unearthed a lovely quote saying they beleive in "persistent persuasion" and treating the debtors with courtsey and consideration (unbeleiveable and I'll post it on here).

Finally I will write to the credit card company pointing out their obligations etc and reiterating that I was always ready to settle. Which I was it was just that they asked me for a twice as much as I could offer. Another credit card company has settled for exactly the same amount I offered and the debt was amlost the same amount. I have never been trying to avoid payting it's just that I became extremely ill and was unable to work. Good working. Keep checking in and adding bits n pieces.

 

Just an idea but could you not counter sue and thatway they will have to pay all the fees etc? are they claiming against you though the small claims track or the fast track? Importabt to know as 1 has little risk if you lse other has greater financial risk.

[Rhia]

Have lawyers on this now so can't say much excpet we are establishing the issues bewteen them sharing files illegally. Will post when it is right to do so.

[tbern123]

Going by all the different threads, Cabot Financial (Europe) Ltd and Kings Hill (No.1) Ltd's legal bill is going to be a big one...

[Rhia]

One can only hope.

The irony of this is I was quite prepared to settle this quietly but they decided to "bring it on". I still don't know why. However it may well backfire magnificiently because all of this Data Protection business is underpinned by the Human Rights Act and if it is found against them it will cost them far more than settling a reduced debt with me. Furthermore it couldn't happen to nicer people. I do think all Cabot Fun Club people should perhaps have a single thread as we need to share info and cases as they develop.