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Taking Cabot to court for failing to supply HSBC CCA + Distress etc


tbern123
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Guest The Terminator
Good luck with your claim TBern. Normally, offences under the HRA would

apply to misdemeanours by government departments or companies working as

agents for or with public authorities. There may be a case for including

CRAs under that umbrella, but I am struggling to think of how a DCA could

be described as such.

That being the case, might it not be better removing that charge and going

for another that whilst a lesser charge, has a greater chance of success.

 

Agree what you say Lookinforinfo but its the phrase"public authority" that can be a stumbling block.A bank is a"public authority" so what would be even better is if the DCA is owned by the bank.I'll see what I can dig up.;)

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Hi tbern: Exellent stuff and I wish you success.I suggest you use the HRA as your "trump card" but there is nothing to say you can't use it I would just re-phrase it in your claim to say something like "Furthermore I am of the opinion that the defendant has breached my Human Rights under Article 8 of the covention's rights due to.........blah! blah!.Don't want to post too much coz no doubt the MIB are watching so I'll PM you later on today with more info.

 

Happy new year. The Terminator

 

Thanks Terminator... My plan was to go into detail once they file their defence. I am hoping that they don't offer to settle my claim, as I am starting to look forward to taking them to court, it is time for their behaviour and conduct to become public knowledge.

 

Unfortunately, it is to late for me to change the HRA part as I have already submitted my claim.... Nevermind..... I'll see how it goes

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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May the force be with you tbern. Now I am NO expert at all but as to Human Rights Act I thought it underpinned all of our rights not just governmental agencies etc.

I do know that the Freedom of Information Act mainly applies to Government agencies, councils, police etc. So if someone has a definitive answer to this will be very interested

Onwards into 2007....

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Give this site a read

 

Department for Constitutional Affairs - People's Rights - Human rights - Frequently asked questions

 

6. What is a public authority?

 

There is no express definition of "public authority" in the Act but the term includes:

  • Government departments
  • Local authorities
  • Police, prison, immigration officers
  • Public prosecutors
  • Courts and tribunals
  • Non-departmental public bodies (NDPBs)
  • Any person exercising a "public function".

I have also found this

Your Rights: The Human Rights Act: Proceedings under the HRA: Proceedings under the HRA

 

Proceedings Against Private Individuals or Bodies

 

As private bodies and individuals are not required by the HRA to respect Convention rights, it is not possible to take proceedings under the HRA against them. This does not mean, however, that the HRA will not have an effect on court proceedings between private bodies or individuals. This is because the courts themselves are public authorities under the HRA and are also required to interpret existing laws and to develop the law in a way that is compatible with Convention rights.

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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Thanks Terminator....

I checked with moneyclaim today

 

spacer.gifThe following information relates to your claim:

 

Claim Description: Breach of Legal Rights

Claim Number: spacer.gif6QZ96662

Status of this Claim: Issued

Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply.

 

 

 

So the clock starts ticking........

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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Well found Tbern[Your Rights.org.uk]. I expect that "The Right to receive Equal Treatment" was

also read by yourself, with a possible view to interweaving it into your claim-another arrow to your bow as it were.

 

To be honest, I did not consider that angle... Thanks for the heads up... Maybe I can use that next time ;)

 

Received my copies of court papers today. They will be deemed served as of 2nd January, then Kings Hill have until 16th January. As they don't ave any actual employees, can't wait to see who responds as that could well lead onto another claim if it is Cabot......

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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Thanks for the advice, I am going to wait and see how Kings Hill respond first. I really hoping that they file a defense so that this can go to court. I have so much information to present and some of the admissions they have made in their correspondence is just shocking....

 

The ball is in their court now....

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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How much are you claiming for, Tbern?

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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Hello,

 

For reasons I can't go into to much, I don't want to disclose how much I am claiming, in the forum just yet... But iit is not much, I am not greedy we are talking hundreds not thousands......

 

Sorry

 

However, for people in similar circumstances look at the FOS website

technical notes - awards for non-financial loss, case studies

 

I appreciate that the FOS don't govern DCA's but I think it is a good guide......

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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Ok today is 2nd January 2007 and according to Moneyclaim, today is the day in which my claim is deemed as served against Kings Hill

 

I have just fired off another email to my best friend Mr Maynard @ Cabot to ensure that there is no confusion in relation to the legal proceedings. I thought it "polite" to remind him that I have everything documented...

 

Two weeks to go :rolleyes:

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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Guest The Terminator
Ok today is 2nd January 2007 and according to Moneyclaim, today is the day in which my claim is deemed as served against Kings Hill

 

I have just fired off another email to my best friend Mr Maynard @ Cabot to ensure that there is no confusion in relation to the legal proceedings. I thought it "polite" to remind him that I have everything documented...

 

Two weeks to go :rolleyes:

 

Good Luck

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Tbern123 - Congrats on a succesfull battle - Just an aside, do you have that email addy you sent your CCA to by any chance??

 

Mike

 

Hello Mike,

 

I have used two in the past, [email protected] but for the best results I send emails to the Chief Exec of Cabot / Kings Hill / etc etc...

 

His name is Mr Ken Maynard and his email address is [email protected]

 

If you are making a CCA request, I would also send them a chq or postal order for the statutory fee...

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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Forgot to ask my question...

 

Anyway, surely if you have already been defaulted by the original bank or card issuer, then Cabot would be out of order in actually registering a default in the first place???

 

Mike

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:-) Just checked moneyclaim online, Kings Hill are disputing my claim for £500..... So now, I'll get my day in court.........

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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Forgot to ask my question...

 

Anyway, surely if you have already been defaulted by the original bank or card issuer, then Cabot would be out of order in actually registering a default in the first place???

 

Mike

 

Hi Mike, I get the impression that if ( IF! ) you have a debt which is bought by the DCA and you subsequently make an arrangement to pay the debt off with them but default in your payments they are, I believe, able to register a default. However, Cabot, sorry, Kingshill No1 Ltd buy these debts and register a default almost immediately the transaction goes through with the bank which is why I advocate to anyone who is subject to a debt bought by a DCA to check their credit files. Kingshill No1 Ltd then, without your persmission to process your data, pass all your lovely information over to another Cabot Financial Group Holdings Ltd. Limited Company called cabot Financial (Europe)Ltd who are the dross who do all the writing and chasing and harrassing.

 

Then it's over to tbern to go and sort them out! :D

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Forgot to ask my question...

 

Anyway, surely if you have already been defaulted by the original bank or card issuer, then Cabot would be out of order in actually registering a default in the first place???

 

Mike

 

Sorry Mike, I didn't spot your question until Andrew1 posted....

 

There is no default on any of my credit files for HSBC... Kings Hill, did no even register a default for this alleged debt

 

There is one from Kings Hill in relation to an alleged Barclaycard debt (improperly executed credit agreement). But I am dealing with one account and one company at a time.

 

"you throw a pebble into a pond and the ripples soon fade away, throw lots of pebbles and those ripples will build and reach the shore line."

I am not looking to make just a splash, I want to start a tsunami, that will come crashing down around these companies..

 

lol enough of the amateur dramatics..... As soon as I recieve their defence I will post it on here... I personally can't wait, as for each point I have raised, I have supporting evidence from Cabot Financial...

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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