Cabot Financial - Defending a court claim

[SHERLOCK]

Hi All,

 

I am currently in the process of obtaining CCA info (EXPLICIT TIME ALLOWED 14 DAYS) on 3no. accounts with CABOT !!!

Started this thread to let you see my progress, CABOT's attitude, subsequent claim for refund of charges and also Data Protection Act info on original creditors (Monument + Citifinancial).

 

To date have received NO reply on CCA'S.

 

Any Communications welcome, TA.

[debt_mountain]

Hi, I have been dealing with Cabot and waiting CCA and SAr info since August. As they have not replied I have raised court papers and taking them to court to provide the paperwork or give a good reason why they have taken my money.

 

They have filed an aknowledgment and we have a date for mid Novemeber for the defence to be in.

 

See the link in my signature for info.

 

good luck

[andrew1]

Hi, I have been dealing with Cabot and waiting CCA and S.A.R - (Subject Access Request) info since August. As they have not replied I have raised court papers and taking them to court to provide the paperwork or give a good reason why they have taken my money.

 

They have filed an aknowledgment and we have a date for mid Novemeber for the defence to be in.

 

See the link in my signature for info.

 

good luck

 

Hi Debt Mountain - just as a matter of interest which 'Cabot' name have you submitted court papers in?

 

 

Sherlock - keep a trace on Cabot threads - do a search as there is some interesting stuff going on which might help you - good luck but keep posting about ANY responses you get from ANY of the Cabot / Kingshill No 1 Ltd companies.

[SHERLOCK]

NO REPLY to initial CCA Request to CABOT, although I was forewarned.

 

I know I still have 30 days to wait, does the next step require S.A.R. on CABOT or the ORIGINAL creditors - THIS CAN GET COSTLY - there are 3 accounts with this lot

 

SHERLOCK

[sequenci]

wouldn't a SAR cover all the accounts anyway?

[debt_mountain]

NO REPLY to initial CCA Request to CABOT, although I was forewarned.

 

I know I still have 30 days to wait, does the next step require S.A.R. on CABOT or the ORIGINAL creditors - THIS CAN GET COSTLY - there are 3 accounts with this lot

 

SHERLOCK

If you SAR Cabot it is 1 fee for all account, but I only did the CCA on Cabot Financial Europe ltd and got sod all.

 

But they tend to use 4 different company names that they are happy to share info between but when you contact them they use the "sent to the wrong company" as a defence. Look through my Cabot thread to see the defence they are using.

 

I found a letter from them for a recent debt and it says Cabot Group purchased the debt, it came on cabot financial europe headed paper but Kingshill register the info in the Credit files and Kingshill & Cabot financial are wholy owned by Cabot Financial Debt Collections ltd

 

 

confused.....you will be.

 

good luck.

[SHERLOCK]

Hello again,

 

Received 3no. letters from CABOT.

 

1 account in my name

2 in partners name

 

'signed' by David Cousins, Hardship Team, CABOT Financial (Europe) Limited.

CABOT HEADED PAPER AND ADDRESS.

 

Small Print: Registered in England and Wales with company No. 3439445. Registered office: 10 Kings Hill Avenue, Kings Hill, West Malling, Kent. ME19 4LT.

 

COMPANY SEARCH : Cabot Financial

 

03439445 CABOT FINANCIAL (EUROPE) LIMITED10 KINGS HILL AVENUE, KINGS HILL, WEST MALLING, ME19 4LT

 

Default is registered under KINGS HILL (NO 1) LIMITED.

 

COMPANY SEARCH: Kings Hill (no1)

 

03757424 KINGS HILL (NO.1) LIMITED

10 KINGS HILL AVENUE, KINGS HILL, WEST MALLING, ME19 4LT

 

 

 

 

 

When the 12 + 30 days are up I will be needing your advice with regard contesting these.

 

cheers, SHERLOCK

[SHERLOCK]

Received 3no. identical letters:

 

Dear SHERLOCK,

 

We have today contacted BLAH,BLAH to investigate your query, and hope to resolve this matter quickly.

 

Although we anticipate a reply within the next 21 days, it can take up to 8-10 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

 

yours sincerely

Emma Robertson.

 

Any advice as to next step please!!

 

SHERLOCK

[louiboy]

Had the same letter in response to a Subject Access request and a Consumer Credit Act request from Cabot.

 

By return post they received this:

 

(CCA) You have 12 working days + 1 calendar month failure to comply will result in appropriate action.

 

(S.A.R - (Subject Access Request)) You have 40 days to comply failure to comply will result in appropriate action.

 

The deadlines are clearly defined and it is their responsability to meet them.

Incidentally they have purchased a debt that is made up only of punative charges. Might let them know after the deadlines expire.

[andrew1]

Had the same letter in response to a Subject Access request and a Consumer Credit Act request from Cabot.

 

By return post they received this:

 

(CCA) You have 12 working days + 1 calendar month failure to comply will result in appropriate action.

 

(S.A.R - (Subject Access Request)) You have 40 days to comply failure to comply will result in appropriate action.

 

The deadlines are clearly defined and it is their responsability to meet them.

Incidentally they have purchased a debt that is made up only of punative charges. Might let them know after the deadlines expire.

 

 

You might find the bank that charged you the charges will refund the monies to Cabot rather than send it to you. Make sure as Citifinancial did to me, sent half the refund to cabot or difference between £24 and £12 and they deem it right because the debt was sold to Cabot and therefore their money. One or the other will have to send it to me as mine were ALL punitive charges.

[SHERLOCK]

Not sure that the charges would cover the whole debts but I would imagine it substantial enough to reduce the debt somewhat.

 

Seems I will also pre-empt CITI and request the full charge amounts be refunded!!

Is it me or are the banks replies starting to pre-empt MY next course of action!!

 

Send reminder of their responsibilities and letter to go out on deadline of CCA Request.

 

Amazing how it took them 34 days to send me out THAT letter!!

 

THANK YOU,

 

SHERLOCK

[andrew1]

Sherlock - if you are going after citi check out lickthewallfatboy thread and various others as they have a particular affection for CAG members and like taking each and every one of them to the wire. They watch the site and their solicitor Brian Smith has a particularly close relationship with us all

[SHERLOCK]

Thing is, since joining CAG, I no longer lose sleep over the scare tactics these people employ.

 

Hopefully I can conduct business through this forum then, saves messing and he can log on and answer any queries online, COOL

 

see how it goes, Thanks

 

SHERLOCK

[andrew1]

Thing is, since joining CAG, I no longer lose sleep over the scare tactics these people employ.

 

 

SHERLOCK

 

This is one particularly slippery character though and you'd be well advised to read a bit about him and what citi get up to. Once attracted to the synergy of this site there are not many who are intimidated by their tactics, but there are ways these people are working that are unique to each organisation - Brian Smith is unique- be warned !

[SHERLOCK]

Andrew, do citi delay every step, coz as I see it, I do not have any statements at all and have not requested these yet!

 

Claim will take about a year to come to conclusion if that is the case and all the while THEY cannot chase the amount whilst in dispute!!

 

Is it not in Citi's interest to refund quickly where it is a debt owed!!

 

Still, Brains is running the show

 

SHERLOCK

[andrew1]

No, I'd apply for the statements with the Subject Access Request letter and your £10 Postal Order in the normal way, it's when it gets to you asking for your money that it gets interesting. Follow Martin3030 the Moderator he's a great lover of Brian.

[debt_mountain]

in response to your Cabot question in your BC & Co thread.

 

There are currently 2 ways you can take this

 

1 - Tberns route of trading standards/Financial Commisioner boy. So far not got a positive response

 

or 2

 

My route of going to court, which has also not had a positive response.

 

Both routes are good fun and either will help wind up Mr Cabot or you could go down both routes:D

 

I chose the court route as the FC and TS all seem to be chocolate firegards and not atol bothered about the consumer, where as in court Cabot will have to present some for of info supporting sharing my info but not supplying any of it to me and breaking the law or they can delete all data they share on me and pay my damages claim.

 

I have a court date for end of January so lets see what happens.

[SHERLOCK]

Sent letter as below, will have to see their response.

Go on, give me a barrage of abuse, I know I'm too nice for my own good, but it is the quiet ones you have to watch

 

 

Dear Sir/Madam,

 

Ref: xxxxxxx - xxxxxxx - xxxxxxx

 

 

With reference the above accounts we did request the statements (trying to get them without supplying my hard earned 10 quid) and agreements under the CCA 1974 and was informed on the xx xxxxxx that these would possibly take 8-10 weeks.

 

We are now requesting a speeding up of this request as we try to get ourselves in a position whereby we know our exact debt amounts .

 

When we receive such paperwork we will be conducting a check to ascertain the charges on the accounts and we will be reclaiming these.

 

We have already negotiated with some of our creditors with regard reductions on debt amounts whereby we have reclaimed charges, and the need to check outstanding debt amounts is a priority due to a yearly review of my Debt Management Plan and pro-rata payments to our creditors.

 

We understand that the charges to be reclaimed would be from the original creditor and this would impact upon yourselves but we would appreciate your full co-operation at this time.

 

We would have to address any such problems if documentation for the accounts is not forthcoming, but at this time we would ask for dialogue to be on an amicable footing,

[andrew1]

Sherlock - you are too nice... the SAR period will already be up and they have committed an offence.. the general opinion on site is that you keep to your timetable. Believe me, many of us ( me included, with all my negotiating skills) have tried being nice and persuasive thinking they just might behave better towards us to no avail.

 

I admire anyone who tries to go gently gently, but with the boot on the other foot they do not reciprocate with similar niceties. I sincerely hope you get the co-operation you seek, but don't hold your breath. You obviously want to settle all these accounts under your Debt Management Plan without hassle so perhaps you will acheive your aims, I wish you success. Try though to keep to a timetable. They have to by law and it does affect the status of a debt if timetables are not adhered to under the law. Good luck anyway. Sarah

[SHERLOCK]

In reply to above email, they will be sending a letter to my postal address.

 

Such drama.........

 

It appears so far that where there is a debt, and the reclaim of charges doesn't wipe out the debt amount, the creditors/DCA's are a bit more forthcoming with their refund!!

 

I have one who refunded my charges and PPI, without question!

One offered charges + contractual!

Barclaycard are playing hardball though!

Not had it out with Cabot yet.....................mmmmmmmmmmm

Got a big ccj disontinued (possible write off, they don't reply to my letters) !

 

Sometimes I think I am being too soft on these guys...........I've never actually received a signed copy of my agreement from ANY of them!!

[SHERLOCK]

Hi all,

 

after my recent emails, I received yesterday both Monument CCA signed agreements from 2000/01 and a letter stating they are still awaiting the CitiFinancial agreement.

 

I was hoping to receive statements with these, I know it wasn't likely but I got RBS statements recently when CCA'ing the DCA, hoped to alleviate the S.A.R £10.00 FEE

 

I will now undertake my usual process of S.A.R. Monument and get all charges + contractual refunded and/or taken from debt amounts.

 

Oh Yeh, they did request I contact the police if I was under the impression the accounts were opened fraudulently

 

SHERLOCK

[payingonlyencouragesthem]

Sherlock do you remember roughly when you did the Monument CCA request? The lovely Emma sent me my statements about 6 weeks ago but no signed agreement (that was about 4 months after my CCA request ie roughly double Cabots usual 8-10 week estimate). Also do you honestly think it's worth bothering when they are so far in CCA default?

[SHERLOCK]

I'll just get out my great big book of debt yep there it is.....CCA Request 21/10/2006!!

 

POET, are you suggesting I put these debts in the bin?

 

Whilst I have read and re-read threads regarding the default, I cannot bring myself to just assume that CABOT will not pursue these debts bcoz they have defaulted on the CCA Request..........BUT.......believe me if someone tells me different then I am all ears.

 

I am of the belief, and again if I can be persuaded otherwise, that they could still pursue these debts from statements etc. and even though 2 of them are £1000' ish, the 3rd one shows around £3500.I need to keep on top of this.

 

Please tell me that there is a way to kick them into touch and I will take the necessary steps, is it by reporting them for breaches every step of the way??

 

All advice greatly received

 

SHERLOCK

[payingonlyencouragesthem]

>POET, are you suggesting I put these debts in the bin?

 

Perish the thought!!!!:grin:

 

>Please tell me that there is a way to kick them into touch and I will take >the necessary steps, is it by reporting them for breaches every step of >the way??

 

I have been doing a lot of delving into Cabot on the quiet and two things have caught my attention. Firstly it does seem to be a very profitable company (something like a 20% net annual return on the purchase value of their portfolio). Now I don't know what sort of people they are getting these huge recoveries from but I guess not the type of person who can't pay and posts on this forum. I think they use the CRA's to ruthlessly home in on people who seem to have money and / or housing equity. The second thing that struck me as odd is despite the fact that they buy debts for an average of 10p in the £ they will never accept less than 50% as settlement.

If they are turning their noses up at profitable settlements they must have a fair few big fish to fry.

 

So to cut a long story short if you don't have any money they probably won't bother paying court costs and risking a CCA fine to chase you. They know it could take years before any court ordered payment would even cover their costs. That being said I suspect they put out the odd flurry of writs to put the wind up the chat rooms for credibility reasons but they do have something like 1.5 million accounts so you would be darned unlucky if you got caught like that (it would cost them over £300m to sue all of us).

[pmhcfc]

>POET, are you suggesting I put these debts in the bin?

 

Perish the thought!!!!:grin:

 

>Please tell me that there is a way to kick them into touch and I will take >the necessary steps, is it by reporting them for breaches every step of >the way??

 

I have been doing a lot of delving into Cabot on the quiet and two things have caught my attention. Firstly it does seem to be a very profitable company (something like a 20% net annual return on the purchase value of their portfolio). Now I don't know what sort of people they are getting these huge recoveries from but I guess not the type of person who can't pay and posts on this forum. I think they use the CRA's to ruthlessly home in on people who seem to have money and / or housing equity. The second thing that struck me as odd is despite the fact that they buy debts for an average of 10p in the £ they will never accept less than 50% as settlement.

If they are turning their noses up at profitable settlements they must have a fair few big fish to fry.

 

So to cut a long story short if you don't have any money they probably won't bother paying court costs and risking a CCA fine to chase you. They know it could take years before any court ordered payment would even cover their costs. That being said I suspect they put out the odd flurry of writs to put the wind up the chat rooms for credibility reasons but they do have something like 1.5 million accounts so you would be darned unlucky if you got caught like that (it would cost them over £300m to sue all of us).

 

(Highlighted in red) Now how would they be best suited to find that info out? Me and a few others have our suspicions. It's my guess that you're half right