Seahorse v Cabot

[Seahorse]

I've just banged off a complaint to Barclaycard. Read all abaht it....

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/66480-seahorse-barclaycard.html

[Seahorse]

Well, well. Looky here at what I've found.

 

- Home

 

Now, are the initials CF too much of a coincidence? Could this be a site set up by a disgruntled employee? Or is it likely to be a bit of a honey trap to feed us misinformation? Is it even related to our "friends" at all?

 

Maybe I'm reading too much into it, but I think I shall bookmark it and keep checking back later. If there is going to be any whistleblowing going on, I want to know about it.

[Curlyben]

SH now that's just naughty :D

[snlc]

If this is who I think it is then things are going to get interesting. If I can help out just PM me Mr cfel.eu there are people here who need to hear from you directly or indirectly.

[elizabeth1]

Well, well. Looky here at what I've found.

 

- Home

 

Now, are the initials CF too much of a coincidence? Could this be a site set up by a disgruntled employee? Or is it likely to be a bit of a honey trap to feed us misinformation? Is it even related to our "friends" at all?

 

Maybe I'm reading too much into it, but I think I shall bookmark it and keep checking back later. If there is going to be any whistleblowing going on, I want to know about it.

 

 

Should be interesting developments there!!!

[djdave]

I notice that currently is just says:

 

"Conjured Fictitious Economical Lies"

 

Also I note that it's just me and 3 guests reading this thread right now. Hello, guests! Do register and say hi

[Seahorse]

Rather than Cabot Financial Europe Limited?

 

Can't be anything to do with our bestest mates, then.

[Seahorse]

Hi, ho

Hi, ho,

It's off to court we go.

 

Or we will be if Cabot don't sort this out today. Which of course, they won't. So court it is, then. I'm off down there this morning to find out exactly what I need to do.

 

Willem Wellinghoff

The Cabot Financial Group of Companies

10 Kings Hill Avenue

Kings Hill

West Malling

Kent ME19 4LT

 

Dear Mr Wellinghoff,

 

Your Reference: XXXXXXXX

Dear Mr Wellinghoff,

Please accept this final letter from me in the spirit that it is intended; a last chance for your group of companies to end this ridiculous charade once and for all.

Irrespective of the nonsense that you and your colleagues have sent to me in the past purporting to be your position in this matter, the simple fact remains that Cabot Financial (UK) Limited have yet again purchased an account from Barclaycard which, with respect, you should never have been sold. The reason I say this is due to the fact that I have finally managed to get Barclaycard to send me all the data that they say they hold.

To clarify matters, let me set things down in simple terms:

• Barclaycard have sent me statements from 2001, with an opening balance of over £3,000. A figure I contest.
  
• There is nothing to support their claim that this amount is accurate.
  
• They have sent no other documentation other than statements, and state that no other data is on file. (Obviously we know that to be untrue, as your company managed to get a copy of my application form.)
  
• Therefore Cabot Financial (UK) Limited have been sold an account that, had due diligence been exercised, would clearly be suspect as to the accuracy of any data supplied.
  
• No default notice was supplied with the documentation whatsoever.
  
• As Barclaycard are unable to prove that the final defaulted amount was accurate, Barclaycard should never have defaulted me in the first place.

Further, you must surely acknowledge, even if only to yourself, that by now it is evident that there never was an agreement signed, and that the application form that you insist meets the criteria of an agreement regulated under the Consumer Credit Act 1974 is exactly what it was intended to be; a pre-contractual application for credit. Nothing more, nothing less. And as such, is totally unenforceable AT ALL.

Further, as no agreement was ever signed then obviously Barclaycard would have been well aware that any debt would have been unenforceable should their claim to repayments been challenged. If you will excuse the vernacular, it is my belief that Cabot Financial (UK) Limited has been “stitched up” by Barclaycard. Not just in my case, but very likely in the case of thousands (at least) of others.

On that basis, a calculation of what was paid to Barclaycard erroneously, and taking a monthly average to project back for the period that Barclaycard are unable to produce statements for, leads me to the conclusion that far from having owed Barclaycard anything at the time they sold the account, Barclaycard would actually have owed me somewhere in the region of £2,500. This being a very conservative figure.

You should also be aware that I now consider your statement that Cabot Financial (UK) Limited does not acquire the duties of the original lender to have some basis in truth, if what I have read from Mr Glen Crawford recently is to be believed. In which case, it is my belief that the assignment of my account must have been equitable. Therefore any legal action that you might have taken in relation to this account would need to have been brought jointly by Cabot Financial (UK) Limited and Barclaycard. That being the case, I see no reason why I should not take a similar course if I need to instigate legal proceedings, and name both Cabot Financial (UK) Limited and Barclaycard in any action that I take.

However, as a goodwill gesture, I am prepared to offer a concession before I take such a drastic step. If “Cabot” drops their claim in this matter, cease processing my data, and remove all adverse information that has been registered with all credit reference agencies, I am prepared to take no further action. Please note that this offer will not be repeated, and is conditional upon acceptance being emailed to me no later than close of business today, Thursday 4 October 2007. Failing that, I shall have no alternative other than to take whatever legal route is open to me, without any further warning.

Yours Sincerely,

Seahorse

[andrew1]

Go get em Seahorse

[Seahorse]

Poor Willem is off until the 15th. Would I please wait until he returns for a response.

 

Let me think...

 

NO!

[patrickq1]

BBA - British Bankers' Association - Your personal information

hi seahorse i wonder if you have read this at all...hope its of use

patrickq1

[enaid]

Poor Willem is off until the 15th. Would I please wait until he returns for a response.

 

Let me think...

 

NO!

And I thought you may have calmed down a little, silly me pmsl.

Glad to see you are still on form enaid xx

[andrew1]

Willie is following in his masters footsteps I see - I hope he's a better orator than he is a legal buff :

 

Quote Credit Today flyer

 

"There's only eight weeks to go to Collections/Debt Sale & Purchase 07, on 28 & 29 November and we’ve confirmed key creditors to come and share their experiences with delegates including:.......

....to download the latest full programme which includes key highlights such as:

 

A discussion of the ethical issues issues behind mis-tracing debtors, from panel experts including Kurt Obermaier, Executive Director of the Consumer Services Association (CSA)

 

 

What is sure to be a lively panel debate on the changing face of debtors, focusing on the shift in debtor behaviour, led by Mike Sargeant, National Manager of Client Services at KPMG

 

 

Coverage of the vital facts behind the latest regulation updates in the debt sale & purchase sector and, most importantly, how they could affect your business. Willem Wellinghoff, Assistant Legal Counsel at Cabot Financial, is the latest confirmed panellist

 

 

How to value a portfolio - explored in practical terms from the point of view of both a seller and a purchaser - with Bruce Curry, Collections & Recovery Business Consultant at Fair Isaac International, a new addition to the panel" unquote

 

 

 

Good ole Willie, must help with the promotional prospects :grin:

[elizabeth1]

Poor Willem is off until the 15th. Would I please wait until he returns for a response.

 

Let me think...

 

NO!

 

 

Then they'd just make more excuses to drag things out - go for it as you'll never get answers otherwise.

[Seahorse]

Well, they referred it to their company solicitors, who say it's impossible, and unreasonable, to peruse my file within my timeframe.

 

Since they've had 10 months to sort this out, I don't think I'll be extending the deadline. So who's being unreasonable here?

 

No more Mr Nice Guy

[elizabeth1]

Well, they referred it to their company solicitors, who say it's impossible, and unreasonable, to peruse my file within my timeframe.

 

Since they've had 10 months to sort this out, I don't think I'll be extending the deadline. So who's being unreasonable here?

 

No more Mr Nice Guy

 

 

I reckon you have been patient enough!!

 

They'd not wait this length of time if they were about to file against you would they? You'd have been given days only - they have been given time and rope to deal with it. Any Judge will see that you've been reasonable.

[andrew1]

geroff....... Seahorse = reasonable? - don't think so

[Seahorse]

Well, well. Looks like word of my blog has spread to the right places. 220 pages visited (I assume multiple times as there aren't 220 pages in it) by non other than the IP address of Nikko Investments' London offices.

 

Harro there, Nikko. Did you discover anything interesting? Did anything take you by surprise? No? I thought not.

[Seahorse]

I got a complaint off to the ICO and the CSA at the weekend. The CSA were quick off the mark... reply by email this morning, complaint referred to Cabot, and she'll get back to me when they hear anything.

 

I'm not expecting miracles, but MAYBE Cabot would prefer to sort this out without having to go to court. Just in case though, I have my small claims form ready to drop into Aberdeen sheriff court to see if that will make them comply with my s10 statutory demand. Do they REALLY think they can just ignore the DPA and get away with it?

[tifo]

Do they REALLY think they can just ignore the Data Protection Act and get away with it?

 

Yes, absolutely. They've been getting away with it for ages.

[andrew1]

Yes, absolutely. They've been getting away with it for ages.

 

Not anymore the Cabot Fan Clubs got street cred and things is changing :D

[Brassed off]

Keep at 'em Seahorse – nice new avatar you have there btw – ooo and what’s that I see, a new “greenie” – I wonder where you got that from;)

Had to post somewhere quick coz if I stay in the Bear Garden I will be forever on 666 posts:D

[Seahorse]

667 now BO.

 

I had to dig out my old RBS avatar cos they're giving me grief again.

 

All my own work, you know.

[Brassed off]

Clever bunny Seahorse - Er, can you make the "O" in BO lower case ta - don't want peeps to think I have a "problem":D

[Seahorse]

THINK? Or KNOW. LOL

 

SOrry Bo. Bo it is.