CABOT - All help apprieciated

[humbleman]

Mr Maynard and crew are aware of the custodial sentences awaiting those who unlawfully process personal data.

We still have no answer as to why King's Hill No 1 Ltd and Cabot Financial (UK)Ltd swapped names on January 15th making KH dormant and the previously dormant CB (UK)Ltd live.

And on January 15th the new Fraud Act 2006 came into being which outlines the aforementioned custodial sentences for anyone unlawfully processing personal data.

 

I have tried on several ocassions to point out the importance of these changes but as yet no one seems to have taken it seriously.

[scouser9]

Humbleman

 

All we can do is knock on wood mate, just keep passing the news eh?!!

 

Thanks

Mikey

[Rhia]

Humbleman I have appreciated the significance of these changes and am going to take advice from someone I know who is former head of a regional crime squad. Just remembered I also have a relative who is a detective and works on some serious league cases, including fraud. The change over date is just too much of a coincidence. We need to take advice here.

I will get around to this just sorting stuff elsewhere in the legal process.

[Seahorse]

HOHO. And I was was asked to remove my smoking baby avatar because it might cause offence. NICE ONE, MIKEY.

[scouser9]

Hiya Seahorse me old mate,

 

Glad you like it I have had it a long long time but came across it the other day.

Well I think the time limit for Portfolio is now up, and one of their fella's called at the house the other afternoon, and because no-one was in he put a card through the door.

 

They should have stopped now because of the letter I wrote to them the other week.

 

Anyway thats it for now, will post prelim letter to Portfolio in a day or two, but do you think it should go the same way as the one for Cabot.

 

I wonder if the mod's would mind me useing the CAG logo as headed paper.

 

Keep On claiming the right

 

Mikey

[laaldinger]

As Seahorse say's, Laughter,. Haha, absolute corker

[ODC]

Did he buy his law degree by Mail Order too.

 

He looks so hard or has he just recieved another letter from the CAG Caboteers

[scouser9]

Hi again Guys and Girls.

 

Here is latest letter just recieved form Cabot I would be grateful of any remarks or any helpful hints to what to reply with as they are well past and dates from my cca request and this is getting me worried now.

 

24th May 2007

Dear Scouser9

I write in response to your letter dated 15th March 2007. Initially, please accept my apologies for the delay in our response.

With regards the information you have requested for the above Monument account, please accept my apologies for the delay. Once Cabot Financial (Europe ) Limited (“Cabot”) is in receipt of this information from Monument, we will forward this on to you, accordingly.

You state that as Cabot has failed to provide you with the information requested then we are in breach of the Office of Fair Trading debt collection guidelines. In addition you believe that an offence has been committed under the Consumer Credit Act 1974.

As previously explained to you, 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, nor any of the associated companies within the group, is the creditor for the purposes of the Consumer Credit Act. Furthermore, if the creditor does not supply the information within the time limit it shall lead to unenforceability of the agreement during the period of non-compliance, as clarified in previous correspondence. Furthermore, I note from you account that you previously paid £1.00 which shall be refunded to you as Cabot is not the creditor and therefore the fee required under the Consumer Credit Act has been returned. A cheque for the above amount shall follow under separate cover.

Please be advised Cabot has not committed an offence but has at all times acted in a lawful and appropriate way in accordance with all applicable laws, regulations, codes of practice and guidance applicable to our industry.

Cabot previously provided you with a Notice of Assignment. Also known as a “Hello Letter”, Monument has also provided you with a similar letter confirming the assignment of your account to the Cabot Financial Group (UK) Limited. Furthermore, this is not required to be supplied under section 78 of the Consumer Credit Act as alleged, due to the fact that if Cabot was the creditor, which it is not. A notice of assignment would have not existed at the time of the agreement.

With regards your concern on 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 on customer’s conduct of their accounts as disclosure is necessary for the purposes of legitimate interests pursued by Cabot, other members of the credit industry and the credit reference agencies. Credit reference agencies hold such data and disclose it to process lenders as is necessary for the purposes of the same legitimate interests.

You refer to section 55 of the Data Protection Act 1998. This section specifically relates to the unlawful buying and selling of data without the consent of the data subject. Given that the terms of the original agreement have been assigned to Cabot, this does allow us to process your data and therefore any actions relating to the processing of such are not unlawful.

I can assure you that once we hear from Monument, we will write to you again. In the meantime, I would recommend you contact my colleagues on 0845 0700 116 in order to discuss the options available to you in settling the outstanding balance on your account.

If you have any other queries in relation to the above account, please do not hesitate to contact me on 01732 775105. The Customer Assurance Department is open from 9am to 5pm Monday to Friday.

Yours sincerely

Patrick Hill

Customer Assurance Team Leader

Customer Assurance Department

 

 

My questions are as follows

 

1 Have I admitted the debt with sending my £1 for requesting all documents from as proof of debt

2 Do I have to contact them them now because i never have before

3 What and where do i go from here

 

Thanks in advance from me and her indoors/

 

Mikey

[tbern123]

With regards your concern on 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 on customer’s conduct of their accounts as disclosure is necessary for the purposes of legitimate interests pursued by Cabot, other members of the credit industry and the credit reference agencies. Credit reference agencies hold such data and disclose it to process lenders as is necessary for the purposes of the same legitimate interests.

 

On one hand it is nice to see that they have started to modify their letters. Shame that they keep chatting rubbish though.

 

"With regards your concern on 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."

 

1) obligated under the original credit agreement

 

Don't know about anyone else, but isn't an obligation the same as a duty ???

 

2) Cabot is legally entitled

 

Cabot Financial (Europe) Ltd, are only legally entitled to do two things. one being Jack and the second being S**t

 

I would write back and ask them for clarification in relation to their obligations and ask them to prove that they are legally entitled to do this.

 

How can they say, only the rights, but not the duties have been assigned and in the next breath say they are obligated under the original agreement.

 

For the sake of clarity and this is for the benefit of WW. Nothing has been assigned to Cabot Financial (Europe) Ltd ("Cabot"), All of these accounts were assigned to Cabot Financial (UK) Ltd.

[tbern123]

You refer to section 55 of the Data Protection Act 1998. This section specifically relates to the unlawful buying and selling of data without the consent of the data subject. Given that the terms of the original agreement have been assigned to Cabot, this does allow us to process your data and therefore any actions relating to the processing of such are not unlawful.

 

 

Oh dear, oh dear

 

 

The terms of the agreement were assigned to Cabot UK not Europe, so I would interpret this as an admission of guilt. Ask them who the Data Contoller is. They have confirmed to me that UK does not process any customer data.

 

However, as previously stated Europe don't have the right to do anything.

 

They just keep digging

[ODC]

Oh dear, oh dear

 

 

The terms of the agreement were assigned to Cabot UK not Europe, so I would interpret this as an admission of guilt. Ask them who the Data Contoller is. They have confirmed to me that UK does not process any customer data.

 

However, as previously stated Europe don't have the right to do anything.

 

They just keep digging

Must be near Australia by now.

 

I do not class myself as a highly educated person but it doesnt take much brains to work out they are talking crap. One thing in one sentence contradicted by something in the next sentence. These imbeciles deserve to be severely punished for their stupidity and their deliberate attempts at misleading.

[andrew1]

I see their CC license floating down the Medway

[IIIUMINATI]

I recently sent a request to Cabot for a copy of a credit agreement (associates credit card) I also sent a request to Citifinancial ( Associates)

I receicved the following reply from Citifinancial.

 

Thank you for your letter in which you have asked us to provide copies of your agreement with Citifinancial under section 78 of the Consumer Credit Act 1974.

We have to inform you that we are under no obligation to comply with your request for a copy of your agreement under the Act as we no longer have a contractual relationship with you nor are we seekinto enforce any agreement against you.

Your rights to be provided with this information ended with the clousure of the account

My £1 was returned.

 

Comments please

[ODC]

Basically what they are saying is that they have sold the alleged debt on to CRAPBOT. It will be interesting to read correspondence from CRAPBOT if they refer to Citifinacial as their clients or if they indeed say they willl have to contact them to get the CCA blah blah blah 8 weeks delay blah blah blah. We have the rights but not the duties bla blah blah

 

 

''with you nor are we seekinto enforce any agreement against you.''

 

Interesting statement from Citifinancial

 

 

[andrew1]

Do you have a debt with Cabot - are they chasing you?

[IIIUMINATI]

Letter from Cabot

 

Further to your previous communication regarding the above account

We have to day contacted Associate Cap Corp P.L.C ( Now Citifinancial)

to investigate your query and hope t resolve the matter swiftly.

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

 

Emma Robertson

Customer relations department

 

!2 days =21days or 8 weeks seems a long time

and after the letter the Associate sent (we are no seeking any enforcement against you )

The Associates letter no mention of sale transfere anything

[andrew1]

Letter from Cabot

 

Further to your previous communication regarding the above account

We have to day contacted Associate Cap Corp P.L.C ( Now Citifinancial)

to investigate your query and hope t resolve the matter swiftly.

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

 

Emma Robertson

Customer relations department

 

!2 days =21days or 8 weeks seems a long time

and after the letter the Associate sent (we are no seeking any enforcement against you )

The Associates letter no mention of sale transfere anything

 

 

 

Usual tripe. By this time they will have surpassed their 12+2 days so will need a court order upon which to continue asking you for payment, they will invariably not respond either within the next 30 days when they will have committed an criminal offence.

 

Have you SAR'd Associates? if not then do but ask in your request for ALL correspondence not just account statements. You might like to do exactly the same with Cabot and send them an SAR too, but when requesting state that you require all documentation and transcripts from EVERY COMPANY within the Cabot Group to which your data has been shared.

 

That way you should receive what you need, ensure your requests state you require a copy of the executed agreement, a deed of assignment and the notice of assignment, a copy of the sales agreement which authorises Cabot to chase you for a debt you and which shows the rights and duties of the Original Creditor have been assigned and transfered to Cabot, and at this point, you do not acknowledge you owe any monies to Cabot'.

 

Then sit back and wait for Cabot to default.

[Jeff2000]

I recently sent a request to Cabot for a copy of a credit agreement (associates credit card) I also sent a request to Citifinancial ( Associates)

I receicved the following reply from Citifinancial.

 

Thank you for your letter in which you have asked us to provide copies of your agreement with Citifinancial under section 78 of the Consumer Credit Act 1974.

We have to inform you that we are under no obligation to comply with your request for a copy of your agreement under the Act as we no longer have a contractual relationship with you nor are we seekinto enforce any agreement against you.

Your rights to be provided with this information ended with the clousure of the account

My £1 was returned.

 

Comments please

 

 

Hi ILLUMINATI,

 

 

I received the same letter from Citi! This was after receiving the letter from Cabot telling me they have the "rights but not the duties" b*******!

 

So, if Cabot do not have the duties and Citi also claim to no longer have the duties, just who the hell does now have the duties?

 

Me thinks Citi have dropped their mates at Cabot right in it!!!

 

 

Jeff.

[IIIUMINATI]

Hi Andrew.

Thank you for your input/advice.

I SAR`D both companies same day.(recorded)

The letters were delivered on the same day. Associates replied with there letter 9 workings day after my request.

Cabot apart from the letter re 21 days ect nothing,they have untill tomorrow to comply.

 

Can you explain Duties ?

 

duty (RESPONSIBILITY)

something that you have to do because it is part of your job, or something that you feel is the right thing to do:

Oxford Dictionary

[ODC]

They have obviously accepted the duties as Associates/citibank are not pursuing the matter

[andrew1]

Hi Andrew.

Thank you for your input/advice.

I S.A.R - (Subject Access Request)`D both companies same day.(recorded)

The letters were delivered on the same day. Associates replied with there letter 9 workings day after my request.

Cabot apart from the letter re 21 days ect nothing,they have untill tomorrow to comply.

 

Can you explain Duties ?

 

duty (RESPONSIBILITY)

something that you have to do because it is part of your job, or something that you feel is the right thing to do:

Oxford Dictionary

 

It is clearly obvious to we in the know so to speak from documentation we have in our possession that Cabot buy the rights and the duties when they take over a debt, despite any protestations which they and WW get typed onto the headed notepaper of Cabot Financial Europe Ltd and sent out to you. They are also clearly responsible under the CCA again, despite their protestations to the contrary. They can't have it both ways and they haven't got it either ways because one way or another they have either breeched the CCA or their contract with the sellers. Got em buy the short and curlies whichever way you look at it.

 

Cabot only retrieve 10% of agreements before they have to start paying for them so they will not be responding to your request in time anyway. Just carry on reporting them to Trading Standards and The Information Commissioner, who will add the complaints to their pile which will be like giving a donation to the undertaker who, when he has enough will bury them. well done keep at it.

[debt_mountain]

I think a swift and sharp letter to the OC is required here. If Cabot are trying to pass the buck back to them, do you not think it wise for us (as good upstanding litigants) to inform the OC of this. After all it could be bringing the OC into disrepute, especially when we ask the court to pull them (the OC) in to explain why either the OC or Cabot are misleading us.

 

I think I will go and write a letter to each of the OCs with my Cabot action and just enlighten them to the fact that the OC still actually owns the duties. Might just copy Cabot/Hodsons on it too.

 

The quote I have in the defence for my claim is

 

"It is not admitted that the assignee was or is the creditor under any agreement with the Claimants. Section 189(1) of the 1974 Act provides that unless the context otherwise requires, '"creditor' means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law".

No credit has been under any agreement between the assignee and the

Claimants, or either of them, and, although the rights of the creditor under

each of the accounts referred to above have been assigned to the assignee, the duties of the creditor have not passed to the assignee by assignment, by operation of law, or at all."

 

So it can only be the OC that still has the rights. I guess a little letter containing this is about to be faxed.

[IIIUMINATI]

Four days before I Sar`d Cabot I received a telephone call I was asked

if I owned my own house and could they introduce a company called

Regency Finance or a company called ASS ltd.

I asked them why should I do this.

Again question? do you own your house or are you a tenant if a tenant is it council or private.( I asked why they needed the information)

Having looked at Regency Mortgage Corporation`s web site it would apear that they specialise in adverse credit and are specialists in the Right to Buy market.

FSA/PN088/2006

5 September 2006

The Financial Services Authority has today fined Regency Mortgage Corporation Limited (Regency) £56,000 for failures relating to its sale of mortgage related Payment Protection Insurance (PPI) in the sub prime market. It is the first time the FSA has taken action against a firm for sales of PPI since the regulation of general insurance started in January 2005. It is now clear why this information was required but this time they were asking for my permission.

 

I was then passed to another caller who said that he was going to add back £700 in interest if that was my attitude.

A few day later a letter arrived showing the balance had increased.

I hope the telephone conversation was recorded as I consider this an attempt to persuade (blackmale) me into entering further debt.

 

Earley 2004 I requested a full DPA (£10) and enclosed a further £1 for a copy of the agreement.

Cabot`s letter

 

The subject access report has been posted to you. We have requested a copy of your application from Assocaites and will send this as soon as we receive it. I would also point out that there is no charge for the application form and I enclose a cheque for £1.00

 

I received this from Cabot Financial (Europe)Ltd

(on my Experian report it shows that KingsHill No 1 had lodged the default 2001) now removed due to 6 yrs rule.

My report contained the following.

 

The above reference account was purchased from the Associates 2001

the data supplied to us as follows

Name

Address

Balance at sale

default date

charge off date

as part of thr Subject Access Request we are required to supply the following which has been enclosed

Copies of any system letters that have been generated and sent to you

Copies of all comments noted on our computer system

Details of all payments received and interest applied

details of your personal details as held within our computer system.

The data held on our computer system in relation to your account has been used olny for the purpose of collections and reporting to the

Credit Reference Bureau Experian and Equifax.

The data has been disclosed to Regency Mortgage Corporation Equifax and Experian.

A transcript of telephone calls were included.

I hope they can provide a transcript of the last call.

Hope this info is usefull

Regards

ps. no letter ho dear

[IIIUMINATI]

REVEIW OF IMPLEMENTATION TIME TABLE FOR CONSUMER CREDIT ACT 2006

FINAL REPORT URN O7/703

 

 

Enforcing Credit Agreements

3.62 Importantly, any reform in this area will need to proceed in conjunction

with reform of S.127 of the CCA. This is the section that governs the

enforceability of agreements and sets out the powers a court has to

enforce a regulated agreement. In cases where certain requirements of

the Act, relating to the form and content of an agreement, have not been

followed by the lender, the Court has discretion to consider whether to

make an agreement enforceable. However, in certain instances, the Court

is precluded from making an enforcement order if the agreement is not

properly executed – because, for example, the documents were not in a

certain prescribed form or signed.

3.63 The House of Lords judgment, in July 2003, in Wilson and others v.

Secretary of State for Trade and Industry (Appellant),58 confirmed that, in

these certain instances, the effect of a technical error on the part of the

lender will render the whole agreement unenforceable.

3.64 The House of Lords found that this was a proportionate outcome, even in

circumstances where the lender has acted in good faith and the error had

stemmed from a mistaken understanding of the statutory requirements.

However, it is clear from the judgment that their Lordships had in mind

the current financial limit of £25,000, which confines the exposure of a

creditor. It is not clear whether they would have found such adverse

consequences to a lender acceptable on human rights grounds if there

was a much higher, or no, financial limit.

3.65 We therefore recognise that removing the financial limit could expose

lenders to greater liability where agreements are held to be

unenforceable. A more proportionate approach to enforcement will

therefore be sought which will seek to balance, on the one hand, the

objective of ensuring that particular attention is paid to the inclusion of

certain terms in documentation signed by borrowers, and on the other,

the financial consequences of unenforceability for lenders.

65

Fair, Clear and Competitive

The consumer credit market in the 21st century

58 [2003] UKHL 40.

DTI if you have the time to read the 149 pages it is very interesting.

[ODC]

REVEIW OF IMPLEMENTATION TIME TABLE FOR CONSUMER CREDIT ACT 2006

FINAL REPORT URN O7/703

 

 

Enforcing Credit Agreements

3.62 Importantly, any reform in this area will need to proceed in conjunction

with reform of S.127 of the CCA. This is the section that governs the

enforceability of agreements and sets out the powers a court has to

enforce a regulated agreement. In cases where certain requirements of

the Act, relating to the form and content of an agreement, have not been

followed by the lender, the Court has discretion to consider whether to

make an agreement enforceable. However, in certain instances, the Court

is precluded from making an enforcement order if the agreement is not

properly executed – because, for example, the documents were not in a

certain prescribed form or signed.

3.63 The House of Lords judgment, in July 2003, in Wilson and others v.

Secretary of State for Trade and Industry (Appellant),58 confirmed that, in

these certain instances, the effect of a technical error on the part of the

lender will render the whole agreement unenforceable.

3.64 The House of Lords found that this was a proportionate outcome, even in

circumstances where the lender has acted in good faith and the error had

stemmed from a mistaken understanding of the statutory requirements.

However, it is clear from the judgment that their Lordships had in mind

the current financial limit of £25,000, which confines the exposure of a

creditor. It is not clear whether they would have found such adverse

consequences to a lender acceptable on human rights grounds if there

was a much higher, or no, financial limit.

3.65 We therefore recognise that removing the financial limit could expose

lenders to greater liability where agreements are held to be

unenforceable. A more proportionate approach to enforcement will

therefore be sought which will seek to balance, on the one hand, the

objective of ensuring that particular attention is paid to the inclusion of

certain terms in documentation signed by borrowers, and on the other,

the financial consequences of unenforceability for lenders.

65

Fair, Clear and Competitive

The consumer credit market in the 21st century

 

58

[2003] UKHL 40.

 

DTI if you have the time to read the 149 pages it is very interesting.

 

Could you explain in plain english the implications to old debts prior to the 2006 Act