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Hi Guys and Girls,

 

I have posting awhile now and in fact filed with Halfax and Won and donated as people should on here.

 

But my task now is take on Cabot with all the help I can get.

I have followed Tbern and Debt Mountains and all the Cabot threads with true amazment keep up the gret work guys, your threads are a mountain of information.

 

Well we come to my dilema now, I have followed the rules sent in a cca request waited 13 days, sent them a reminder letter, waited 30 more days and sent them this letter.

Cabot Financial (Europe) Limited

P.O. Box 241

West Malling

Kent

ME19 4NA

17/02/2007

 

 

Your Reference: XXXXXX

Mr Scouser9

Dear Mr Lambert,

 

To date you have failed to comply with my statutory request for a true, signed copy of a regulated credit agreement in my previous letters dated19/12/06 and15/01/07, and have therefore defaulted in respect of the above account. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974 and is a complete defence in any court claim that is issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law. This means that any attempt by your company to enforce this alleged agreement will represent a further offence until such time as it can be produced in court.

 

As you have been unable to provide me with the requested information within the legal timeframe, it is my belief that you were never in possession of a true copy of the alleged agreement, or of a signed, true copy of a Deed of Assignment. In light of this, I find it astonishing that you have had the audacity to claim for an alleged debt for over X years, without being able to provide any legal evidence that the debt exists, within the time frame allowed by law.

 

The law set in the Consumer Credit Act, 1974 must be abided by everyone; people and companies alike and taking the above into consideration, no court would look favourably upon your failure to provide true, accurate information which I assumed that you already had in your possession, prior to issuing letters demanding payment.

 

Furthermore, at no time did I consent to the processing by you of my data in any manner which would be unfair or inaccurate, or which in any way would breach The Data Protection Act, 1998. If this alleged debt had been legally assigned to you, then any personal data relevant to the credit agreement allegedly entered into may only have been passed to you provided that my (the borrower's) authority was obtained in the original agreement.

However, you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you.

 

*Therefore, I do not acknowledge ANY debt to your company or to any company that you may claim to represent. NO further payments will be forthcoming and I request a statement of account to ascertain any monies owed, with a view to recovery.*

Please note that I am *only* prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

 

Ironically, your failures prompt me to again focus your attention on the content of both the Consumer Credit Act 1974 and the Data Protection Act 1998, the substance of which should clarify your current position, future conduct and direction regarding both my personal data and unenforceable debts.

 

With regard to my personal data and your failure to produce the aforementioned documents, I also require that you remove any reference to this alleged debt from my credit file and request an immediate cessation of any processing of unsubstantiated data to third parties under provision of The Data Protection Act, 1998 & The Consumer Credit Act, 1974.

Take note I have also complained to the Trading Standards also the Office Of Fair Trading, and my Member of Parliament about your conduct in this matter and your liability for holding a Credit Trading Licence.

If you fail to respond or abide by any of my instruction without justification, within the next 28 days, then I will have no alternative but to begin legal proceedings for the full recovery of monies owed, plus interest, plus my costs and without further notice..

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter to be “IN DISPUTE”.

Yours faithfully

Mr Scouser9

Then low and behold I receive this letter back today.

Mr Scouser 9

05 March 2007

RE Cabot Reference XXXXX

Thank you for your letter dated 17-Febuary 2007 addressed to Mr Lambert and previous correspondence in relation to the aforementioned account,

I apologise that you have felt the need to write to us and that you are dissatisfied in the manner that Cabot Financial (Europe) Limited (“Cabot”), on behalf of the Cabot Group of Companies, has dealt with your account on previous occasions. I would also like to apologise that you have not yet received a copy of your credit agreement.

I have requested a copy of the Agreement from the creditor, Monument, as a matter of urgency and shall send you a copy of the agreement as soon as we receive the same. However, it is not Cabot’s obligation under section 78 of the Consumer Credit Act 1974 to supply you with a copy of your credit agreement as Cabot is not the creditor for the purposes of the Consumer Credit Act.

Cabot Financial (UK) Limited, formerly Kings Hill (No 1) Limited, purchased your account from Monument on or about 20 September 2005 and therefore Cabot Financial (UK) Limited is the legal owner of your account. The rights, but not the duties, of Monument were assigned to Cabot Financial (UK) Limited in dealing with your account and therefore Cabot Financial (Europe) Limited, as servicing company and agent to Cabot Financial (UK) Limited, are legally entitled, as assignee, to enforce the credit agreement, which you signed and consented to with Monument. In order to fall under the definition of creditor I the Consumer Credit Act 1974, “rights and duties” require to be transferred and therefore does not apply to us.

Notwithstanding the above, we assist creditors and our customers at all times in providing requested information and it is therefore that Cabot has accepted your postal order of £1 on behalf of the creditor in order to obtain the required information.

Cabot previously provided you with a Notice of Assignment, also known as a “Hello Letter”, which has again been enclosed for your reference. Monument has also provided you with the relevant Notice Of Assignment, which is also enclosed. The Notice of Assignment deems proper legal assignment of your account to Cabot Financial (UK) Limited and therefore we are not obliged to supply you with the Deed of Assignment as alleged by you.

Furthermore, you are misconceived that non-compliance with your request amounts to an offence. Under section 78 of the Consumer Credit Act 1974, if the creditor cannot supply with you with the relevant credit agreement within the specified time period, the creditor cannot enforce the credit agreement until the creditor provides the information to the customer. However, as above mentioned we are not the creditor for the purpose of section 189 of the Consumer Credit Act 1974 and therefore this issue does not apply to us.

In relation to your concern about processing your data, Cabot is legally entitled and obligated under the original credit agreement and under the Data Protection Act to process information and also to report to the credit reference agencies. We disclose information to credit reference agencies about customers conduct of their accounts because that disclosure is necessary for the purposes of legitimate interests pursued by us, other members of the credit industry and the credit reference agencies. Credit reference agencies hold such data and disclose it to prospective lenders because that is, similarly, necessary for the purposes of the same legitimate interests.

Furthermore, under the original terms of the credit agreement, which you signed with the creditor, you consented to information being disclosed to third parties and credit reference agencies.

Accordingly, the Data Protection Act, section 4, Schedule 1 and Schedule 2 of the Act, in particular paragraph 6 of Schedule 2, permits disclosure of such information to and by credit reference agencies without the customers consent. Therefore for the above reasons, we refute your allegation that we have processed your data in a manner which unfair or inaccurate or in any way breach of the Data Protection Act.

I also confirm that Cabot did not register a default on your account but continued the reporting of a default which was originally registered by Monument. The file now shows Cabot as owner and not Monument and accordingly we are legally entitled and obligated to report yout account in the same manner as the original lender.

Finally we confirm that your outstanding balance on your account as of 27 February 2007 is £xxx.

I trust I have clarified all your concerns in relation to your letter and look forward to working with you in settling the outstanding balance on your account. Once Cabot have received the information requested by you, we shall send the same to you immediately. However, in the meantime, I recommend you contact us in order to discuss the options available to you on your account.

Yours sincerely

Signed

Willem Wellinghoff

Head Of Compliance

Can you guys similarities with other threads ie tbern's and debt mountain's.

My question is can you find any faults with their reply as I will be going through it with a fine tooth comb and do not wish to miss anything.

All help is apprieciated guys.

I will post later my reply to this B*LLS^&%

Thanks in advance

Mikey

Keep Claiming The Right

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

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subscribing as i want to know what happens! and what advice is given, seahorse, can you comment on their reply?

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Well, Kenny. It's pretty much their template I'm afraid. I'll just picjk and choose a few bits here and there.

 

They are NOT legally obligated to continue reporting to CRA's. They ARE legally obligeted to ensure that they a) have a right to process your data at all, and if so, it must be accurate. As they have diddly squat in the way of any form of agreement at the moment (it might appear, might not, might not conform to an agreement under the CCA), they cannot state that there was any form of consent to share data. And if there was no consent, why the feck have KH/CF(UK) shared data with CF(Europe).

 

If you dig a little deeper, Scouser me auld Scally, you'll probably get it in writing from them that KH/CF(UK) don't actually hold any data at all. So if you can work out how that non data gets from CF(UK) to CF(Europe), you've a better grasp of things than I have.

 

They are being somewhat twisty again, where old Willem (he of the silk polkadot scarf fetish) only mentions Cabot, without referring to any particular company by their individual names.. Both (UK), who own the account, and (Europe) are separate limited companies, so they cannot have one company acting as data controller for the whole group. Cabot as a company on its own does not exist.

 

Their statement about the DPA allowing them to process data without the subject's consent is, quite frankly, total nonsense. It's like someone has given WW a script, and he is following it to the letter without actually having a look at the paragraphs the letter refers to. Closer scrutiny shows his statement to be nonsense. I've tried my damnedest to come up with any other explanation, but all I can figure out is, either I'm misinterpreting the paragraph, or someone has lied in print. Over and over again, no doubt. If there IS another explanation, I'm quite prepared to hear it, but I know where the balance lies in my mind.

 

And finally (but I've maybe missed bits, who knows), despite their protestations to the contrary, the rights AND the duties of the original creditor DO apply to them. Perhaps not to CF(Europe) Limited, or Cabot as a distinct entity. Being a little but crafty with words, old Willem, I think. But certainly the new owners DO need to comply with the CCA, the CCA says so. For this reason, I've emailed Willem today to tell him I'll only deal with Cabot Financial (UK) Limited from now on, as I feel a wriggling off the hook on a techniality might be in the offing. I know CF(UK) are highly unlikely to resond to anything I send them from now on, but their Head of Compliance, Assistant Legal Counsel, or whatever hat he's wearing today, is now aware of my new policy, so if they don't take heed, well it's not really my problem. I have a RIGHT to communicate with the company who is trying to persuade me to part with MY money.

 

Oh, dear. I nearly got all annoyed there. Not like me at all. :D

 

Seahorse

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so what does he do now?

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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I havent got much time, but the funniest point in that generic waffle is

Furthermore, under the original terms of the credit agreement, which you signed with the creditor, you consented to information being disclosed to third parties and credit reference agencies.

How can he claim you signed a document that to date has not yet been produced?!

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thats what i thought

 

but ill admit without this forum i would have read and accepted the letter they sent! little by little my knowledge grows, and the fear goes!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Thanks Guys,

 

Keep them coming as I really cannot work on it as yet as I must worked nights tonight.

 

Thanks for your remarks though I knew you would not let me down.

When I have constructed the reply letter I will post here before sending for all your thoughts.

 

Thanks again

 

Keep On Claiming The Right

 

Mikey

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

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This may be of interest....I've just dug out some old letters (2005) in respect of a Monument Debt being sold to Kings Hill (1)...Cabot I suppose....Anyway, these are what the first lines of each letter (deed of assingment) say:

 

Letter from Monument says:

"We hereby give you notice of the assignment of the due debt of the balance of....etc etc"

 

Letter from Cabot (Financial) reads:

"The Account you held with Monument was purchased by the Cabot financial group....etc"

 

Interesting contradiction from the get-go?...I notice in the 1st post's reply from Cabot that Willeim refers to your 'account' as opposed to your 'debt'

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In essence, it is the account that is sold on. The fact that these accounts are owing money at the time is, of course, the reason they are bought by the likes of Cabot. So although they are buying debts, it is the state of the account which determines whether it is a debt or not.

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Can we find anything wrong with their reply??? Oh, where to start. :lol:

 

bullshit_pile.jpg

 

 

Classic !!!!!!!!

 

This has to be post of the year lol

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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Welcome to the club, as you know from reading Seahorses thread, the reponse from Mr Willeim is now their standard response, full of contradictions and misunderstandings...

 

The ball is in their court at the moment.. Until they provide a copy of the agreement, they can't enforce the debt... If they can't find it, it is their loss.

 

If they do find it, make sure that it has been signed by the creditor....

 

I know there are now lots of them, but the best advice I can give you is to keep reading the other threads...

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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Hi Guys and Girls,

 

I have posting awhile now and in fact filed with Halfax and Won and donated as people should on here.

 

 

Thank you for your letter dated 17-Febuary 2007 addressed to Mr Lambert and previous correspondence in relation to the aforementioned account,

 

Furthermore, under the original terms of the credit agreement, which you signed with the creditor, you consented to information being disclosed to third parties and credit reference agencies.

Accordingly, the Data Protection Act, section 4, Schedule 1 and Schedule 2 of the Act, in particular paragraph 6 of Schedule 2, permits disclosure of such information to and by credit reference agencies without the customers consent. Therefore for the above reasons, we refute your allegation that we have processed your data in a manner which unfair or inaccurate or in any way breach of the Data Protection Act.

 

Yours sincerely

 

Signed

 

Willem Wellinghoff

 

Head Of Compliance

 

 

 

Is this what he's talking about ? (this is paragraph 6 of Schedule 2)

 

6. - (1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

 

Emphasis on the 2 words 'legitimate interests' No Agreement, no legit interests??

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Is this what he's talking about ? (this is paragraph 6 of Schedule 2)

 

6. - (1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

 

Emphasis on the 2 words 'legitimate interests' No Agreement, no legit interests??

 

Yes you are correct about the legitimate interest bit. I think he has also rather conveniently neglected to read EXCEPT WHERE THE PROCESSING IS UNWARRANTED IN ANY PARTICULAR CASE BY REASON OF PREJUDICE TO THE RIGHTS AND FREEDOMS bit too. No agreement, means no consent, means prejudicing the rights of the data subject if they continue to process without the subject's consent.

 

Now, I might be totally misinterpreting the paragraph. But if I'm not, as I've said before, the only other explanation I can come up with is that, someone is telling LIES. But surely not? Never in a letter that might be used against them in court, for heaven's sake? And a letter that must be sent out almost word for word to thousands of their "customers" at that. No, it must be me that's wrong. The whole point of the DPA is obviously to allow your data to be processed by whoever wants to without your consent. Yes, that must be it. :rolleyes: No consent, no rights, we all live in a police state.

 

And even if they DO find an agreement, or what they claim to be an agreement, in my case, there is NO consent to share given anyway. Yet they refuse to accept that.

 

Oh, how I wish I could just say edited by Seahorse Cabot without a mod coming along and editing my post. But of course I CAN!!!! I'll just post and come back in a moment and edit it myself. Instant Therapy. RESULT!!!! :D

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Yes you are correct about the legitimate interest bit. I think he has also rather conveniently neglected to read EXCEPT WHERE THE PROCESSING IS UNWARRANTED IN ANY PARTICULAR CASE BY REASON OF PREJUDICE TO THE RIGHTS AND FREEDOMS bit too. No agreement, means no consent, means prejudicing the rights of the data subject if they continue to process without the subject's consent.

 

Now, I might be totally misinterpreting the paragraph. But if I'm not, as I've said before, the only other explanation I can come up with is that, someone is telling LIES. But surely not? Never in a letter that might be used against them in court, for heaven's sake? And a letter that must be sent out almost word for word to thousands of their "customers" at that. No, it must be me that's wrong. The whole point of the DPA is obviously to allow your data to be processed by whoever wants to without your consent. Yes, that must be it. :rolleyes: No consent, no rights, we all live in a police state.

 

And even if they DO find an agreement, or what they claim to be an agreement, in my case, there is NO consent to share given anyway. Yet they refuse to accept that.

 

Oh, how I wish I could just say edited by Seahorse Cabot without a mod coming along and editing my post. But of course I CAN!!!! I'll just post and come back in a moment and edit it myself. Instant Therapy. RESULT!!!! :D

Surely we could dig up some dirt on WW or a Cabot Director and then using this clause and their arguement share it freely around different subscription based companies.....oh but we don't have an agreement....oh wait, niether do Cabot (allegedly)...oh wait a bit more .... it may hurt or damage that person oh wait.........who cares .... well us actually.

 

Did the therapy work?

If I have helped click my scales....

 

Find my threads by clicking here

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Surely we could dig up some dirt on WW or a Cabot Director and then using this clause and their arguement share it freely around different subscription based companies.....oh but we don't have an agreement....oh wait, niether do Cabot (allegedly)...oh wait a bit more .... it may hurt or damage that person oh wait.........who cares .... well us actually.

 

Did the therapy work?

 

Dig up some dirt? But SURELY they are all whiter than white. Or Polkadot in some cases, but clean nonetheless. I wonder if he has a different pattern to match his (Europe) hat and his (UK) hat? But I digress. Yes, the therapy worked wonders, and I am no longer in danger of bursting a blood vessel. My sides with laughter, maybe. But good therapy? Yes. :smile:

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Good Morning Guys and Girls,

 

Excellent picture my stomach hurts, and I agree that must be the picture posted of the year.

 

Thanks again for your input, at least it gives me some where to start but after nights its hard to do. arrrhhhh.

 

No seriously guys thanks and keep them coming, will post later.

 

Keep Claiming The Right

Mikey

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

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*BUMP*

 

Hiya Guys and Girls

 

Can you have a quick peep and see what my letter looks like. Now I am not much of a writer and if you laugh I will certainly cry. But eh ho here we go.

 

Well guys what do you think shall I send it as is or do you suggest anything.

 

Mr Scouser 9

 

05 March 2007

 

RE Cabot Reference XXXXX

 

Thank you for your letter dated 17-Febuary 2007 addressed to Mr Lambert and previous correspondence in relation to the aforementioned account,

 

I apologise that you have felt the need to write to us and that you are dissatisfied in the manner that Cabot Financial (Europe) Limited (“Cabot”), on behalf of the Cabot Group of Companies, has dealt with your account on previous occasions. I would also like to apologise that you have not yet received a copy of your credit agreement.

 

Thank you for your letter dated 05 March 2007, Please accept my apologies for the delay in providing you with a response.

I have reviewed your letter and I have noted your comments in relation to this account, the information you have provided and your confidence that Cabot have not breached any legislation requirements. Following my review of your letter, I would like to respond in detail to the issues you have raised.

 

I have requested a copy of the Agreement from the creditor, Monument, as a matter of urgency and shall send you a copy of the agreement as soon as we receive the same. However, it is not Cabot’s obligation under section 78 of the Consumer Credit Act 1974 to supply you with a copy of your credit agreement as Cabot is not the creditor for the purposes of the Consumer Credit Act.

 

Cabot Financial (UK) Limited, formerly Kings Hill (No 1) Limited, purchased your account from Monument on or about 20 September 2005 and therefore Cabot Financial (UK) Limited is the legal owner of your account. The rights, but not the duties, of Monument were assigned to Cabot Financial (UK) Limited in dealing with your account and therefore Cabot Financial (Europe) Limited, as servicing company and agent to Cabot Financial (UK) Limited, are legally entitled, as assignee, to enforce the credit agreement, which you signed and consented to with Monument. In order to fall under the definition of creditor I the Consumer Credit Act 1974, “rights and duties” require to be transferred and therefore does not apply to us.

 

As you previously confirmed, Kings Hill No1 Ltd where the legal owners of the Monument debt, I am sure you will agree that demonstrated by your inability to provide me with information relating to the Monument debt of which I requested on 19/12/2006. Cabot are in breach of the Office of fair Trading Debt Collection Guidelines and more seriously a criminal act has been committed under the Credit Consumer Act 1974.

 

As stated within the Credit Consumer Act 1974, a time period of one month is stipulated, Cabot must obey the law, I regret that it would appear that Cabot totally disregard this important piece of legislation and decide to quote a time frame in excess of your legal obligation.

Information relating to my identity, address and this Monument account with Kings Hill No1 Ltd have been disclosed to Cabot Financial Ltd and the (Cabot Group). Please can you supply me with a copy of my Authority for Kings Hill No1 to disclose my personal data to Cabot Financial, and (Cabot Group).

 

Notwithstanding the above, we assist creditors and our customers at all times in providing requested information and it is therefore that Cabot has accepted your postal order of £1 on behalf of the creditor in order to obtain the required information.

 

Cabot previously provided you with a Notice of Assignment, also known as a “Hello Letter”, which has again been enclosed for your reference. Monument has also provided you with the relevant Notice Of Assignment, which is also enclosed. The Notice of Assignment deems proper legal assignment of your account to Cabot Financial (UK) Limited and therefore we are not obliged to supply you with the Deed of Assignment as alleged by you.

 

Furthermore, you are misconceived that non-compliance with your request amounts to an offence. Under section 78 of the Consumer Credit Act 1974, if the creditor cannot supply with you with the relevant credit agreement within the specified time period, the creditor cannot enforce the credit agreement until the creditor provides the information to the customer. However, as above mentioned we are not the creditor for the purpose of section 189 of the Consumer Credit Act 1974 and therefore this issue does not apply to us.

 

In relation to your concern about processing your data, Cabot is legally entitled and obligated under the original credit agreement and under the Data Protection Act to process information and also to report to the credit reference agencies. We disclose information to credit reference agencies about customers conduct of their accounts because that disclosure is necessary for the purposes of legitimate interests pursued by us, other members of the credit industry and the credit reference agencies. Credit reference agencies hold such data and disclose it to prospective lenders because that is, similarly, necessary for the purposes of the same legitimate interests.

 

You are NOT legally obligated to continue reporting to CRA's. You are legally obligeted to ensure that

a) have a right to process your data at all, and if so, it must be accurate.

As you have not proved in the way of any form of agreement at the moment (it might appear, might not, might not conform to an agreement under the CCA), you cannot state that there was any form of consent to share data.

And if there was no consent, why have shared my personal data KH/CF(UK) shared data with CF(Europe).

 

You note that I am concerned that Cabot Financial (Group) Ltd has no legal right to share my data. This remains my belief, and nothing that you have said causes me to change my mind regarding this. I have AT NO TIME authorised Monument or any company within the Cabot Financial Group of Companies to share or otherwise process my personal data.

 

Furthermore, under the original terms of the credit agreement, which you signed with the creditor, you consented to information being disclosed to third parties and credit reference agencies.

Accordingly, the Data Protection Act, section 4, Schedule 1 and Schedule 2 of the Act, in particular paragraph 6 of Schedule 2, permits disclosure of such information to and by credit reference agencies without the customers consent. Therefore for the above reasons, we refute your allegation that we have processed your data in a manner which unfair or inaccurate or in any way breach of the Data Protection Act.

 

You mention under the original terms of the credit agreement, as one as yet to be produced how can you use this as a fair process, of the Data Protection Act.

You mention that in particular paragraph 6 of schedule 2 , permits disclosure of such information to and by credit reference agencies without the customers consent. I am afraid that I make a totally different interpretation of that paragraph, which states.

6 – (1) The processing is necessary for the purpose of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

 

6 – (2) The Secretary of State may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied.

 

I invite you to explain to me why you feel you have a legitimate right to process, contrary to my rights and freedoms and legitimate interests. Failing that, please show me where the Secretary of State has specified any particular circumstances which allow you (Cabot Group) to process my data.

 

I also confirm that Cabot did not register a default on your account but continued the reporting of a default which was originally registered by Monument. The file now shows Cabot as owner and not Monument and accordingly we are legally entitled and obligated to report your account in the same manner as the original lender.

 

As you have stated and confirmed it was Kings Hill No1 that bought this debt, and Kings Hill No1 are now part of the Cabot Financial Group but no longer operate under Kings Hill No1 banner, The default registered against my name is still under the Kings Hill No1 name, it as not been changed to/or from anything. And I request that you remove this immediately. Where is the document that states that Kings Hill No 1 passed the account over to Cabot Financial (Group) Companies.

 

Finally we confirm that your outstanding balance on your account as of 27 February 2007 is £xxx.

 

I have no interest what the balance is or was. I still remain that I have no knowledge of any debt to your Company or any part of the Cabot Financial Group.

 

I would also like to state categorically state that at no time did Cabot Group have ever advised me that I can refer my compliant to the Credit Services Association. And these breaches have caused me both distress and inconvenience.

Take note I will also be complaining to the following list of governing bodies on the outcome of this letters reply.

 

The Office of Fair Trading,

The Information Commissioners Office,

The Financial Ombudsman,

The Financial Services Authority,

My local MP,

The National Press.

 

Please note that I am only prepared to communicate with you in writing.

Take note at this stage, I still do not acknowledge this debt to your company, or any part of the Cabot Group of Companies. Therefore that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter still in dispute.

 

 

Yours sincerely

 

Signed

 

Scouser9

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

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Okay guys and gals

 

Here is an ammedment of the previous letter for your approval is it okay to send or are there any other amendments that anyone can see, and many thanks Seahorse

 

Thanks

Mikey

 

Thank you for your letter dated 05 March 2007.

I have reviewed your letter and I have noted your comments in relation to this account, the information you have provided, and your confidence that Cabot have not breached any legislation requirements. Following my review of your letter, I would like to respond in detail to the issues you have raised.

 

As you have previously confirmed, (Kings Hill No1 Ltd) were the legal owners of the Monument debt, and I hope you will agree that, as demonstrated by your inability to provide me with information relating to the Monument debt of which I requested on 19 December 2006, Cabot are in breach of the Office of fair Trading Debt Collection Guidelines and more seriously, it is my belief that as a result of that failure, an offence act has been committed under the Credit Consumer Act 1974.

 

As stated within the Credit Consumer Act 1974, I allowed you a time period of 12 working days to respond satisfactorily. I then extended this by a further calendar month after you were in default of my request, still without you complying with my request. Furthermore, if you are not the creditor as understood under the Consumer Credit Act 1974, you have also failed in your duty to pass my request to the appropriate person within the Cabot Group of Companies. Cabot, obviously, must obey the law. I regret that it would appear to me that the Cabot Financial Group of Companies have totally disregard this important piece of legislation and decided to quote a time frame in excess of your legal obligation by stating that it would take longer than that time frame as laid down in the Act.. You will agree that, by acknowledging my letter and accepting my statutory payment, you have agreed that you do have a requirement to comply with my request.

 

Information relating to my identity, address and this Monument account with Kings Hill (No1) Ltd have been disclosed to Cabot Financial (Europe) Ltd. If you are unable to produce any agreement whereby I have given you permission to share this data, would you otherwise please can supply me with any copy of my authority, for Kings Hill (No1) Ltd to disclose my personal data to Cabot Financial (Europe) Ltd, or any other bodies, including Credit Reference Agencies?

 

It is my belief that you are NOT legally obligated to continue reporting to CRA's. You are legally obligated to ensure that

 

a)you have a right to process my data at all, and

 

b)if so, it must be accurate.

 

As you have not proved in the way of any form of agreement at the moment, you cannot state that there was any form of consent to share data. Therefore, as there is no consent, I ask you why have shared my personal data with other companies, and indeed are continuing to process my data contrary to the Data Protection Act.

 

You note that I am concerned that Cabot Financial (Group) Ltd has no legal right to share my data. This remains my belief, and as noted in the foregoing, nothing that you have said causes me to change my mind regarding this. I have AT NO TIME authorised Monument or any company within the Cabot Financial Group of Companies to share or otherwise process my personal data.

 

You mention that consent was given under the original terms of the credit agreement. However as such a document has yet to be produced, you cannot rely on this statement to justify your processing and sharing of my data. You mention that in particular paragraph 6 of schedule 2, permits disclosure of such information to and by credit reference agencies without the customers consent. I am afraid that I make a totally different interpretation of that paragraph, which states.

 

6 – (1) The processing is necessary for the purpose of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

 

6 – (2) The Secretary of State may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied.

 

I invite you to explain to me why you feel you have a legitimate right to process, contrary to my rights and freedoms and legitimate interests, bearing in mind that the data you hold is in dispute, and therefore is not proven to be justified. This means that the processing or sharing of my data is unwarranted, in that it is prejudicial to my rights and freedoms under the Data Protection Act.

 

Failing that, please show me where the Secretary of State has specified any particular circumstances which allow you (the Cabot Group of Companies) to process my data.

 

You have informed me of the amount in dispute regarding this account. I have no interest what the balance is or was. I maintain that I do not acknowledge any debt to your Company, or any part of the Cabot Financial Group.

 

I would also like to state categorically state that at no time did the Cabot Group of Companies ever advise me that it was my right to complain to the Credit Services Association. As these breaches have caused me both distress and inconvenience, I ask you to take note that I will also be registering a formal complaint to the following list of governing bodies, depending on the outcome of this letter’s reply.

 

The Office of Fair Trading,

The Information Commissioners Office,

The Financial Ombudsman,

The Financial Services Authority,

My local MP,

The National Press.

 

Please note that I am only prepared to communicate with you in writing.

Take note at this stage, I still do not acknowledge this debt to your company, or any part of the Cabot Group of Companies. Therefore that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter to be still in dispute.

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

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