Baines & Ernst now CCCS - many debts

[make them aktiv runners]

what do you think to this next reply from CITI.......

 

 

 

 

 

 

looks to me like cabot are in for a rough time!!

 

Perhaps Citicards would like to explain when they did indeed have a "contractual relationship" with you and how that ended upon the assignment to Cabot. The Associates became Citicards on 11.4.03, whereas Cabot bought your debt on 1.11.02 from the associates.

[spuddly]

thank you.... i was trying to find out yesterday as to when citicards bought associates

[make them aktiv runners]

I have a letter like this off CITI too - like you I wonder how only the "Rights" end up with Cabots - Me thinks they have "selective reading syndrome" in there!!

 

While I was looking for the date of change for Associates to Citicards I came across this article in the Guardian:

 

 

Citi cards owns up to lapse in security

The problem of credit card cheque security is graphically illustrated by Guardian reader Pat Oakley.

The 52-year old local government officer, who lives in south London, was a victim of credit card cheque fraud but the first she knew of it was when she was contacted by Citi cards' fraud department. This, despite the fact that she doesn't even have a Citi credit card.

"Three years ago I had a card issued by a firm called Associates. After deciding I no longer wanted it I paid off the balance. Then out of the blue I was contacted by Citi to ask whether I had recently used a credit card cheque to make a payment £1,350. I was rather surprised as I had no idea who they were. Despite filling in the forms to say I knew nothing about the cash transfer the company started to pursue me for the money," she said.

When Pat looked into the matter it became clear what had happened. Citigroup bought the Associates business, and in spite of the fact it had never sent her any statements, it had sent her several credit card cheques which had been stolen en route.

"After countless phone calls and several letters I am no nearer a solution. The company keeps promising it will sort it out - a few days later I receive another demand for the money. On December 2 I was contacted by Cabot Financial Services who say have purchased the debt and are threatening legal action if the amount isn't repaid - it's maddening," she said.

After Jobs & Money intervened on her behalf the matter was resolved. In a statement it said: "Citi cards would like to apologise to Ms Oakley for the inconvenience that she has experienced and for falling short of our own high standards of customer service on this occasion. "The fraudulent balance has now been removed from Ms Oakley's account, we will ensure that there is no adverse information recorded on her credit file, and we have requested the Collection Agency to cease collection on the account. We have also offered Ms Oakley £50 as a gesture of goodwill."

 

This suggests that the assignment was Equitable and Citicards retained the "duties". In spuddlys case it begs the question of the postmark on Citicards envelope.

[make them aktiv runners]

thank you.... i was trying to find out yesterday as to when citicards bought associates

 

I got it from a commercial site so a link may get removed. I have therefore copied the text below:

 

The merge between the Associates and Citibank UK.

On 11th April 2003 the Associates changed their legal name of business to CitiFinancial Europe plc and the brand name for all products will become Citi. This brings them into line with other parts of Citigroup which is the worlds largest financial services.

[spuddly]

[quote=make them aktiv runners;

 

This suggests that the assignment was Equitable and Citicards retained the "duties". In spuddlys case it begs the question of the postmark on Citicards envelope.

 

Could you please explain what you mean as reguards the postmark

spuddly:-)

[make them aktiv runners]

The letter is factually incorrect as previously stated in post 133. It also shows the assignment to be "absolute" whereas Cabot's letters suggest "Equitable" so either one of them is telling porkies, or is it possible both letters came from the same building?

[patrickq1]

and selective memory syndrome lol thot i would get my two pence worth in

[elizabeth1]

This is all very interesting!!

 

How can I find out when Peoples Bank became CITI cards ?

[andrew1]

It's not interesting Lizzy it's a pain in the butt, thereagain I suppose we have to get on with toppling the towers of Babilon down there in West Malling - Just think all those staff looking for new jobs, free visits to Ken ...I wonder what the Japanese will think of their little investment then?

[elizabeth1]

It's not interesting Lizzy it's a pain in the butt, thereagain I suppose we have to get on with toppling the towers of Babilon down there in West Malling - Just think all those staff looking for new jobs, free visits to Ken ...I wonder what the Japanese will think of their little investment then?

 

 

Tick Tock Sarah!!! Time will sort them out once and for all

 

All we have to remember is what a fickle bunch we are dealing with - I am a great believer in Karma.

[make them aktiv runners]

It's not interesting Lizzy it's a pain in the butt, thereagain I suppose we have to get on with toppling the towers of Babilon down there in West Malling - Just think all those staff looking for new jobs, free visits to Ken ...I wonder what the Japanese will think of their little investment then?

 

I thought this was one of the many things for tidying up the industry. Citicards involved themselves as a result of Spuddly complaining about Cabot to the FOS (see post 64). Surely the FOS cannot allow 2 companies to give Spuddly conflicting information?

[andrew1]

Hi

Had a chat with my local Trading standards I pointed out that i had sent for a CCA back in March and still no agreement, she wanted to know why i was requesting the agreement in the first place.

 

T/S said

hello ..i am XXXXX from trading standards can you explain why MR XXXXXXXXX has not yet recieved his CCA as requested and paid for back in march this year .also can you explain who are the four accounts he has in relation to this account untill the the intervention of yourselves does not know if he is paying the correct company.

 

Citicards told her that KINGS HILL NO1 AND CABOT both buy the accounts from citicards (once The Associates) so i should have sent a CCA request to CITICARDS as they own the account??

still confused eh:confused:

 

 

 

Spuddly, I have just re read the whole thread and I know this goes back a few weeks, but these things get overlooked sometimes with Cabot referring to themselves as ' Cabot' and writing from Cabot Financial(Europe)Ltd.

 

If you have a continuing dialogue with Trading Standards then it must be made crystal clear to them which company is doing what because this is the very crux of the matters you are trying to resolve. Remember that ALL these different actions you are asking to have undertaken, the CCA request, the S.A.R - (Subject Access Request), who purchased your account from who and where your data has been despatched and shared are ALL being done through DIFFERENT COMPANIES.

 

The above quote from Citicards talking to the T/S lady " Kingshill and Cabot BOTH buy the accounts from citicards" - REALLY?? I think you'll find it was Kingshill No1 Ltd who bought the debt, Kingshill No1 who never wrote to you and told you, Kingshill No1 Ltd who registered a default and Kingshill No1 Ltd who you never see or hear from ever again. Cabot seem to cloud the issue by referring to themselves just as 'Cabot' , but their legal position is very different. Your data was passed to, amongst others no doubt, Cabot Financial(Europe)Ltd who, as has been pointed out before earlier in the thread, have their own Data controller and are one of sixteen or so different companies in the Cabot cosy little group of companies ALL of which are seperate Limited Liability Companies.

 

Trading Standards NEED to know this. Kingshill No1 Ltd - now Cabot Financial (UK)Ltd should be the ONLY company you should have ANY communication with and all that money you have paid them has been paid to the wrong company - you might just have well as paid me! CF(Europe)Ltd have NO RIGHTS to it.

 

 

..And Aktiv, you are quite right, this is cleaning up the industry a bit. I think the collective input by so many has given the likes of Ken Maynard and his 'team' something to think about, we can see changes happening, but there's a long way to go yet. What I want, and I have been a Director of companies for a good while, is to get the leadership to BELIEVE change is necessary and implement that change as a result of what is being learned from our onslaught. If they ignore it - they are doomed. There will always be debt collectors and probably rightly so, but there are laws they need to abide by and they know they have got away with this for so long, they should just accept it's now time to see things are never going to be the same. Trouble is they are from such a ruthless culture, getting through to people who always think they are right and above the law is never easy. They may have banking or legal backgrounds, but there are plenty from that industry and profession sewing mailbags at HMP so it doesn't make them right.

 

It's MY PLEASURE this time - it'll be Her Majesty's for them next.

[spuddly]

Thank you very much for your comments .

 

i have been looking back and i believe the letter i sent cabot at (post 12) is even more relevant now.

 

also who would i send my letter to to get the default removed seeing as they never bothered to send me notification at the time!

Kings hill/ cabot??

[andrew1]

Thank you very much for your comments .

 

i have been looking back and i believe the letter i sent cabot at (post 12) is even more relevant now.

 

also who would i send my letter to to get the default removed seeing as they never bothered to send me notification at the time!

Kings hill/ cabot??

 

The company who put the default on was Kingshill (No1) Ltd. Since January 15th 07 they changed their name to Cabot Financial (UK)Ltd so they are the people to address ANYTHING to - take no notice of the fact that Cabot Financial (Europe)Ltd wrote to you telling you they 'administer ' Cabots accounts - you owe nothing to them, I might just have well have written. So (UK)it is.

[spuddly]

you are so helpful many thanks..

would you agree to my suggestion that the letter sent earlier was relevant and make an issue about the default removal.?

[spuddly]

blooming tinternet went off apoligies for the delay..

[spuddly]

At the very beginning of all this all i wanted was the company who i was payig each month on my DMP ,just to prove to me they had a legal right to collect payments from this account....

 

CABOT FINANCIAL (EUROPE)LTD CANNOT PROVE THEY HAVE A LEGAL CLAIM

 

 

require the following action from Cabot :

 

1. All payments made to date to Cabot for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Cabot. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

 

 

 

 

should i use the small claims pack and the n1 now??

Any suggestions please.

spuddly:)

[andrew1]

I would say Cabot Financial(Europe)Ltd rather than CABOT CANNOT PROVE THEY HAVE A LEGAL CLAIM

 

It is (Europe)ltd you have been paying. If you are going legal then you have to have these things very clear in your mind.

[spuddly]

Ok thanks.. amended the post .

[spuddly]

Just thought i would post my next communication i am sending .

 

Cabot financial (Europe) ltd

PO Box No 241

West mailing

Kent

ME19 4NA

COMPLAINT

Dear Sir or Madam

Re

Despite numerous requests to Cabot financial (UK)/ The Associates, I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment has not been complied with.

 

Further, I do not acknowledge any debt to Cabot/citicards.

 

Regarding the original reply 26/03/07 I was told it would be 21 days but could take 8-10 weeks to retrieve the information required from archives it has now been 19 weeks and still no credit agreement or deeds of assignment.

 

On the 27/06/07 I received a phone call from CITICARDS, to say I was surprised is an understatement as I had no idea who they were? I was informed that they had bought The Associates a few years earlier and why was I asking for a copy of the agreement, I explained my reasons why and was told that the agreement still exists and it would take a further 2-3 weeks to retrieve from archives in the meantime I would be sent a copy of the terms and conditions within the next few days, it has now been 6 weeks and I have not received anything.

 

May I point out that at no time was I informed of CITICARDS purchasing The Associates and therefore my account with The Associates had been transferred to CITICARDS ownership? I believe I should have been notified at the time by letter from both parties involved of my account transfer, I have received no such letters (Deeds of Assignment) I believe that my DATA has been shared without my knowledge or consent under the DATA protection act 1998, which I intend to report to the information commissioner’s office. I sought further advice from trading standards and they contacted citicards and spoke to Joanne who confirmed I was the account holder before she would discuss the account with T/S officer Joanne told T/S that they have the letter that I sent requesting the CCA but don’t know where the £1 cheque is that I sent with the letter.

And it will take them a further 2 weeks whilst they find my CCA as they have to send a request internally, two weeks have passed and still nothing.

 

I have been back to Trading standards and been advised to report the matter to FSA.

 

In my personal opinion and after dealing with other creditors who have been able to produce all the relevant Credit agreements within the allotted timeframe I feel that the whole procedure in dealing with Cabot/ Citicards has been a long and unnecessary process that should have been resolved within the 8-10 weeks as promised in the original letter.

 

To resolve this complaint

 

1. I would like a true copy of my Credit agreement

2. I would like a true copy of the Deed of Assignment

 

If these cannot be produced

 

1. The account closing

2. A zero balance

3. Removal of all defaults entered by Cabot/kings hill no1 /The associates also including citicards. Note this is to be a complete deletion and not merely an amendment

4. Also you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

 

 

After all that has happened in the past few days and upon recieving a "GET OUT OF JAIL FREE CARD" from citicards would i be within my legal rights to add refund of all monies paid to Cabot financial(eurpoe)ltd.

[andrew1]

Spuddly, I've PM'd you.

[pmhcfc]

Spuddly, I've PM'd you.

 

Andrew, where's your heart ?

 

Don't you realise how frustrating that must be to the MIB ? all together now... ahhhhhhh

[ODC]

Yes they need to know everything thats going on here Shame on you Andrew.

[andrew1]

I'm saving it for the finalé !

 

 

Sarah xx

[Seahorse]

HOHO. If the MIB knew what else was discussed behind the privacy of email, they'd all have feckin heart attacks.