Seahorse v Cabot

[Seahorse]

[FANTASY CHARGES]

IN THE SPANISH language ALPHABET

they have a "nn" but letter "W" does not exist:

obviously they don't want "*ankers" like Scabot in spain

:razz::razz:

[Seahorse]

D Day. So a gentle reminder is in order...

 

“In due course” is nearly up, Jane. Close of business is today, don’t forget. Email will be fine.

 

Regards,

 

Seahorse

 

 

From: [email protected] [mailto:[email protected]]

Sent: 08 August 2007 09:52

To: [email protected]

Subject: RE: Cabot Reference xxxxxxx

 

Dear Mr Seahorse,

 

Thank you for your email.

 

Please be advised that a response to your points raised in this email will be addressed in addition to your email to Mr Wellinghoff in due course.

 

Yours sincerely

 

 

 

Jane Rodemark

Customer Assurance Team Leader

[elizabeth1]

Maybe they need a bigger couldron to huddle around?

[Jeff2000]

D Day. So a gentle reminder is in order...

 

 

Hi,

 

 

They simply don't get it, do they!!?

 

 

Jeff.

[Seahorse]

Well, I did get a reply just on the deadline. Saying I'll get a reply early next week.

 

It had feckin well better be their final word. Otherwise I won't even bother to reply. Straight off to court to fill in a claim form.

 

Of course, it might be a letter from Hodsons.

 

hehehe

[NailPost]

A deadline is a deadline. You told them you would take asction if no response was forthcoming. You reminded them of this in a gentle way and they fobbed you off. The likelihood is that the reply next week will also be a fob off.

 

I would just go ahead and issue the claim against them and let that concentrate their minds. The judge will set a timetable (deadlines) that they will have to stick to or face the consequences.

[crossie1]

hi seahorse just to let you know im new to this and have been reading your thread with great interest i sent of a cca request to cabot and just recieved a letter thanking me for my payment on my alleged debt.was just wondering what to do next.thanks

[andrew1]

Usual twit response from there's truly.

 

Just let it carry on as per schedule -if they can't read that's their problem. They take the £1 and put it against your account - they do it to lots of people. Just wait your 12 +2 working days then your 1 month and let them default.

[itsamomentintime]

It had feckin well better be their final word. Otherwise I won't even bother to reply. Straight off to court to fill in a claim form.

 

 

 

which claim form?

[Seahorse]

What, you mean send them something like. . .

 

John Randall

Company Secretary, Cabot Financial Europe Limited

10 Kings Hill Avenue

Kings Hill

West Malling

Kent ME19 4LT

Statutory Notice Pursuant to the Data Protection Act 1998, Section 10.

 

Dear Mr Randall,

 

Your Reference: XXXXXXX

Having been in communication with your company since December 2006, I am formally demanding that Cabot Financial (Europe) Limited stops processing and sharing my personal information.

Cabot Financial Europe has no right whatsoever to be processing my data by virtue of the fact that:

• said data was obtained unlawfully as Barclaycard had no right to sell that data
  
• any processing of said data is contrary to section 10 of the Act which specifies that you must not process data which is unwarranted and is causing unwarranted damage and distress:

10. - (1) Subject to subsection (2), an

individual is entitled at any time by notice in

writing to a data controller to require the data

controller at the end of such period as is

reasonable in the circumstances to cease, or

not to begin, processing, or processing for a

specified purpose or in a specified manner,

any personal data in respect of which he is the

data subject, on the ground that, for specified

reasons-

(a) the processing of those data or their

processing for that purpose or in that

manner is causing or is likely to cause

substantial damage or substantial

distress to him or to another, and

(b) that damage or distress is or would

be unwarranted.

I am aware that you consider that paragraphs 1 to 4 of Schedule 2 of the Act permits you to process my data. However, that assumption is patently erroneous for the following reasons:

• I have never consented to the sharing of my data, as is evidenced by the fact that your sole documentation to date, i.e. an application form signed by me, clearly indicates by the omission of an entry in a check box that I refused to allow the sharing of any data. Hence the reason why Barclaycard has unlawfully passed to you any such information.
  
• There IS no contract to which I am party, that requires you to process my information.
  
• You have no legal obligation to process my data.
  
• There is no reason to process my data in order to protect my vital interests.

If you consider that any of the above points do allow any processing to take place, you are invited to produce evidence in support. This may include documentary evidence such as a contract, relevant legislation, or case law to show that you are legally obliged process my data.

As you are no doubt aware, you have 21 days to respond to this communication in which you must either agree to stop processing my data, which will include destroying all information held, as well as removal of all information shared with any third party, including any or all credit reference agencies, or write to tell me the reasons why you consider that you should not do so.

You will also be aware of the penalties for the unlawful sharing of data, as well as my right to compensation for damages caused by any erroneous or unlawful processing of my personal data.

Failure to respond to this communication within the stipulated timescale, or if any response is by way of refusing to stop processing and sharing my data, I shall have no option than to escalate this matter to the Information Commissioners Office. If, after taking this measure, you still refuse to comply with my demand, I shall take the appropriate action through the legal system.

Yours Sincerely,

[Seahorse]

hi seahorse just to let you know im new to this and have been reading your thread with great interest i sent of a cca request to cabot and just recieved a letter thanking me for my payment on my alleged debt.was just wondering what to do next.thanks

 

That's strange. They WERE returning folks' statutory fee and saying the CCA doesn't aply to them. What the feck are they up to now?

 

Your account wouldn't be nearly statute barred, by any chance? And they are maybe trying to restatrt the clock by saying you made a payment? They just defy logic, that lot. Here was me thinking they had learned at least ONE lesson.

[crossie1]

yes its statute barred in about 4 months time i dont have a clue what to do next.

[Seahorse]

Forget about them for 4 months. As you'll have gathered, they aren't the quickest lot, so I'm sure you can stretch this out that long.

[elizabeth1]

That's strange. They WERE returning folks' statutory fee and saying the CCA doesn't aply to them. What the feck are they up to now?

 

Your account wouldn't be nearly statute barred, by any chance? And they are maybe trying to restatrt the clock by saying you made a payment? They just defy logic, that lot. Here was me thinking they had learned at least ONE lesson.

 

 

They just don't appear to be learning form their mistakes do they? :?

[NitrousOxide]

yes its statute barred in about 4 months time i dont have a clue what to do next.

If that's the case, don't let your identity be revealed in any way.

[blazing-badger]

If they have taken Crossie's £1 as a payment on the account, they will claim that the clock has restarted and there is another six years left to run before it is statute-barred. IMHO it is imperative to point out to Crapbot that this was the statutory fee - do not just ignore them because this will come back to haunt you later.

[Seahorse]

If it was me, I'd tend to let them take me to court after the the 6 years are up, then drag out the letter which was sent to them which states what the £1 was for. Let them waste costs on solicitors and court, only to be proven to be a total bunch of imbeciles.

 

But that's just me.

 

Anyway, by accepting the fee and banking it, they are back in the same old trap of admitting their liability to comply with the CCA request. Doesn't matter what they say they THINK it is for, it was offered as a statutory fee which they accepted.

[maybelline]

Forget about them for 4 months. As you'll have gathered, they aren't the quickest lot, so I'm sure you can stretch this out that long.

 

I have about four months to go (not Cabot) but WF, however, it is secured against my home and I recently discovered they had a charge, that is an interest recorded on my title deed so I still could not remortgage without them wanting 11K, but the agreement appears to be unenforceable, I have a hearing listed Oct! still need to amend as is only for penalty charges and default.

 

has anyone won on unenforceable agreement?

[Seahorse]

Bluetack has...

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/90012-just-been-court-cl.html

[maybelline]

thanks!

[Seahorse]

HOORAY!!! A final response.

 

The usual sh!te about they are right and I am wrong, they'll do what they want regardless, and I have to pay up in full within 14 days. Like that will happen.

 

Oh, and they don't want to talk to me again. Suits me just fine.

 

Sorry Cabot. You had your chance to negotiate, but got greedy. Now you won't be getting a bean.

 

So. s10 notice off to them today, 21 days starts half an hour ago as that's when the delivery receipts came back from your email system. ICO next, then court.

 

I think I'll make a complaint to the CSA as well. Give Uncle Ken something to mull over before he steps down as chairworm.

 

Let's see who blinks first, shall we?

[andrew1]

 

Give Uncle Ken something to mull over before he steps down as chairworm.

 

Come on Seahorse, show a little respect ! :D

[elizabeth1]

I think I'll make a complaint to the CSA as well. Give Uncle Ken something to mull over before he steps down as chairworm.

 

Let's see who blinks first, shall we?

 

Now there is an idea

[Seahorse]

Come on Seahorse, show a little respect ! :D

 

Sorry, worms. I should have known better. :-|