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

[tbern123]

Apologies in advance for the long post.

 

This is the response I sent the court to their defence with my AQ...... Please don't point out to many mistakes, as I have already posted it lol

 

The Court Manager

Dartford County Court

Home Gardens

Dartford

Kent

DA11 1DX

Dear Sir / Madam

Please find enclosed my completed Allocation Questionnaire (Small Claims Track). Further to section G, please find below my response to the defence provided by Hodsons Solicitors, on behalf of their client, the defendant Kingshill No.1 Ltd. Please note I am able to provide copies of the correspondence referred to in my response.

The defence that has been submitted confuses me, as response 7 contradicts response 1, 2 and 3. The Defendant’s Solicitors also appear to be confused to whom they are representing. Contrary to their defence response 6, the Defendant is in fact Kingshill No.1 Limited, not (Cabot). I would ask the Court to clarify the defence that has been submitted.

1. The Defendant denies having committed an offence (s) under s77, 78 and 97 of the Consumer Credit Act 1974.

As confirmed in a letter dated 29th September 2006, their ref: Isabel/1465790 from Ms Emma Robertson, Customer Relations Department, Cabot Financial (Europe) Limited. My initial request for information under the Consumer Credit Act 1974 was made on 8th September 2006.

In a further letter from Ms Emma Robertson, dated 16th October 2006:

‘We are writing to advise you that to date, we have not received any information from HSBC relating to the above account.’

Finally, I received a letter from Ms Robertson, dated 18 December 2006 confirmed:

‘Unfortunately, HSBC Bank plc have been unable to provide us with copies of the request information and have therefore recalled your account. We can confirm that your account has subsequently been reassigned to HSBC plc.’

Following my request made on 8th September 2006, the defendant has been unable to provide me with the documentation as specified within, the Consumer Credit Act 1974. This is also admitted in section 7 of the defendant’s defence:

7. It is admitted that following a request for information made by the Claimant a request was made by Cabot as administrators of the debt to HSBC for copy documentation. HSBC were unable to supply such copies.

Furthermore, in an emaildated 31st October 2006, I received from Ms Justine Horton, Team Leader, Customer Services Department, Cabot Financial (Europe) Ltd:

“Any requests for documentation under s77 and s78 of the Consumer Credit Act 1974 still have to be forwarded to the originators and as a result it is very unlikely that the documentation can be provided within the prescribed period. Cabot is not being obstructive regarding this matter - we are reliant on the originators”

This statement clearly demonstrates the contempt and lack of understanding the Defendant has in relation to its obligations under the Consumer Credit Act 1974.

I would like to take this opportunity to remind the court, of the content of the Consumer Credit Act in relation to s77, 78 and 97.

77. Duty to information to debtor under fixed-sum credit agreement.

(4) If the creditor under an agreement fails to comply with subsection (1) -

(b) If the default continues for one month he commits an offence

78. Duty to information to debtor under running-account credit agreement

(6) If the creditor under an agreement fails to comply with subsection (1) -

(b) If the default continues for one month he commits an offence.

97. Duty to give information

(1) The creditor under a regulated consumer credit agreement, within the prescribed period after he has received a request in writing to that effect from the debtor, shall give the debtor a statement in the prescribed form indicating, according to information to which is practical for him to refer, the amount of the payment required to discharge the debtor’s indebtedness under the agreement, together with the prescribed particulars showing how the amount is arrived at.

(3) If the creditor fails to comply with subsection (1) -

(b) If the default continues for one month he commits an offence

Summary

As admitted in their own Defence, the Defendant has been unable to provide me with the documentation I requested under s77, 78 and 97 of the Consumer Credit Act 1974. As confirmed by the Consumer Credit Act 1974, the Defendant has committed an offence under three sections of the Consumer Credit Act 1974.

2. The Defendant denies that the Defendant has breached the Claimants rights to privacy under Article 8 of the Human Rights Act 1998.

Firstly, I would like to confirm the content of Article 8 of the Human Rights Act 1998:

ARTICLE 8

RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

Without my permission, the Defendant commenced the processing of my personal data and continued to disclose my personal data to their self appointed agents Cabot Financial (Europe) Limited. As soon as the Defendant purchased this account, they’re appointed agents Cabot Financial (Europe) Limited continued to bombard me with letters and phone calls demanding payment. I feel this continued harassment, demonstrated the Defendants disrespect for my private and family life.

3. The Defendant denies that it has committed an offence under the Data Protection Act 1988.

The Defendant processed personal data relating to the Claimant, as defined by the Data Protection Act 1988, without the permission or knowledge of the Claimant. The Defendant also disclosed personal data relating to the Claimant, as defined by the Data Protection Act 1988, to their appointed agent Cabot Financial (Europe) Ltd, without the permission of knowledge of the Claimant.

I would like to take this opportunity to refer the court to an email dated 31st October 2006, I received from Ms Justine Horton, Team Leader, Customer Services Department, Cabot Financial (Europe) Ltd:

“When purchasing accounts we are not supplied with any documentation (i.e. copy agreements or statements of account) and therefore any requests for such have to be forwarded to the originators to be retrieved from their archives - as I am sure you can appreciate this can be a lengthy process”

As confirmed by the Defendants appointed agent when they purchase accounts they are not supplied with any documentation. On this basis, I am unable to ascertain why the Defendant assumed they were permitted to process and disclose my personal data.

I can confirm that the Defendant and their appointed agent is registered separately, with the Information Commissioner’s Office as Data Controller’s.

On the 5th September 2002, the Defendant registered with the Information Commissioner’s Office as a Data Controller. Their Data Protection Register, reference is Z7064593 On the 26th April 2001, the Defendant’s appointed agent Cabot Financial (Europe) Ltd registered with the Information Commissioner’s Office as a Data Controller. Their Data Protection Register, reference is Z5415234.

Data Protection Act 1988

PART I

PRELIMINARY

Basic interpretative provisions. 1. - (1) In this Act, unless the context otherwise requires-

"data controller" means, subject to subsection (4), a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed;

"personal data" means data which relate to a living individual who can be identified-

Fair Processing Notice

As clearly stated on the Information Commissioner’s Office own website http://www.ico.gov.uk/ :

 

Q: What do I need to put in my fair processing notice, which is given to individuals before I process their information?

 

You will need to outline what and how information is going to be processed. This is to make sure the individual knows exactly what is going to happen to their information and how it is going to be used. You shouldn't be doing anything with personal information unless the individual is made aware.

I can confirm that I have never received a Fair Processing Notice from the Defendant.

4. At all material times the Defendant was a company which was a part of the Cabot Financial group of companies which operate from 10 Kingshill Avenue, Kingshill, West Malling, Kent.

As the defendant is fully aware, both the Defendant and their appointed agents are registered with Companies House as different Limited Companies. I do however accept that both the Defendant and their appointed agent are part of a group of companies.

5. The Defendant company is a vehicle by which portfolios of debt are purchased from credit companies and other similar financial organizations.

This is not in dispute and is not relevant to my claim.

6. Cabot Financial (Europe) Ltd is a company which administers accounts acquired by the Defendant (Cabot)

Contrary to the Defendants response (Cabot) is not the named defendant. Kingshill No.1 Limited is the defendant. I would ask the court to clarify with Hodsons Solicitors, exactly who they represent.

7. It is admitted that following a request for information made by the Claimant a request was made by Cabot as administrators of the debt to HSBC for copy documentation. HSBC were unable to supply such copies. In consequent HSBC has taken the said debt back into its ownership.

Sadly, this frank admission contradicts the rest of the defence filed on behalf of the Defendant.

8. The Defendant in any event puts the claimant to strict proof that it was a ‘creditor’ for the purposes of the Consumer Credit Act 1974 and not an assignee of the debt.

I am disappointed the Defendant is not fully converse with the Consumer Credit Act 1974 and I welcome the opportunity to put to strict proof that the Defendant was a ‘creditor’ for the purpose of the Consumer Credit Act 1974.

I would like to take this opportunity to refer the court to the correspondence I have received from HSBC and Cabot Financial (Europe) Limited.

a) HSBC state in their letter of 12th September 2006:

“I am writing to inform you that the above account was sold by HSBC Bank plc to Kingshill No.1 Ltd on 2nd May 2006.

This means that the effective owners of the above account are Kingshill No.1 Limited”.

Cabot Financial (Europe) Ltd, have provided me with a statement dated 31st October 2006 that confirms that this account was acquired by Kingshill No.1 Limited on 2nd May 2006.

Furthermore, in a letter from Cabot Financial (Europe) Ltd dated 18 December 2006, they state:

"We can confirm that your account has subsequently been reassigned to HSBC Bank plc"

As I am sure Hodsons Solicitors as qualified legal representative of the Defendant, they are fully aware that the Consumer Credit Act 1974 clearly states:

189. Definitions

"Creditor" means the person providing credit under a credit consumer agreement or the person to whom his rights and duties under the agreement have passed by assignmentor operation of law, and in relation to a prospective consumer credit, includes the prospective creditor'

I feel that the correspondence from HSBC, Cabot Financial (Europe) Ltd and the above extract from the Consumer Credit Act 1974 are strict proof that for the purpose of the Credit Consumer Act 1974, the Defendant was a “creditor” of this debt.

9. The Defendant denies that the Claimant is entitled to the relief claim or at all.

I have based my claim for £500.00 based on the Financial Ombudsman’s guidelines for awards for non-financial loss. I appreciate that the Financial Ombudsman Service, do not currently govern Debt Collection Agencies, however their guidelines are a finance industry accepted way to calculate compensation.

Regards

tbern123

[elizabeth1]

I sure hope that Nails them!!!! You've worked hard on this well done I REALLY HOPE SOMETHING GETS DONE ABOUT THESE PEOPLE!!

[tbern123]

I sure hope that Nails them!!!! You've worked hard on this well done I REALLY HOPE SOMETHING GETS DONE ABOUT THESE PEOPLE!!

 

Thank you. Does anyone know, if I am supposed to also send a copy of my response to Hodsons ?????

[ivorbiggun]

Brilliant tbern.

 

You're not a million miles from me. If you need a court buddy or a heckler then let me know the time and date of the hearing.

[andrew1]

Bloomin eck ! Well done tbern - with you all the way. Let me know the court date will you I might come and give you some support.

[ivorbiggun]

Thank you. Does anyone know, if I am supposed to also send a copy of my response to Hodsons ?????

 

I sent a copy of my request for a stay/strike letter to Hodsons as a courtesy. Shows you've not withheld info and above the mentality of these solicitors.

 

Frankly I'm amazed that Hodsons have no working knowledge of the CCA 74. I guess they're just an inhouse unit cobbled together for court action.

[elizabeth1]

I would send a copy to Hodsons - this way they know what to expect etc.. and they can't accuse you of underhand tactics?

[Rhia]

Tbern. This is very impressive. Great work. It just shows how much work has to be done to mount such an "attack". Let us all know of your court date and where in case anyone can come along in support. It will be fascinating to watch the case proceed.

Should you send a copy to Hodsons? Don't know the procedure if you feel you should then do so, but don't be too fair on them...they wouldn't extend you the same courtesy. Anyway won't they have already read it on here?

This is terrific and all this hard work will help many, many others. We are a small, significant group and growing in strength, knowledge and numbers all the time. To you newcomers who have joined - welcome. Do not be frightened of these debt collectors. Knowledge is power and the more we learn the more we can help others.

[mileroad]

thanks for the words of encouragement. but i can, t pursue anyone. before i tell you why i have a confession to make. a couple of days i started a thread titled NEW YEAR NEW ME, i was a bit of a white lie. i had just discovered this site and wanted to join in so i changed the dates a bit. hope everyone will forgive me my lapse in honesty.

 

ok sorry if i have hijacked someone's thread but the reason i can, t pursue anyone is because basically i, m on the run. and if you don, t mind i, ll tell you my story.

 

as i mentioned before when the foot n mouth struck i had my own business nothing big but it gave me and my family a comfortable living. i would have got through it, it would have been a struggle but i could see a light at the end of the tunnel. but what other people could see at the end of the tunnel was an opportunity to make a fast buck. in short companies that owed me money took the easy way out and folded. they were ltd companies foolishly i was not. they were only small outfits like me and ran away from their responsibilities. ok some of them couldn't help it but the majority just started up again, same directors, same premises, same business and a different name, in some cases all they did was change one word in their original name. hey presto back in business. the inland revenue got their tax and v.a.t. the liquidators who pretend to be on your side but are really helping the crooks to set up a new company get whats left, nothing left in the pot for little old me.

 

well i decided i had better morals. i did what they all tell you to do. don, t bury your head in the sand talk to people they are there to help. so i made an appointment to see my "personnel business advisor" i asked him if he could give me a bigger overdraft to see me through (surely he would i had my own house as collateral and its not as if i was ltd i can, t run away from it if i don, t survive) he listened to me with a sympathetic ear. "ok mr xxxxx i can, t see a problem you have been a good customer but i, ll have to put it past head office, you will receive a letter in a few days" he said. it felt good leaving that bank a wait lifted of my shoulders boy was i glad i talked to him. a few days later a letter arrived from lloyds tsb it was a4 size great i thought they must have granted me the bigger overdraft (from experience if they turn you down it comes in a normal envelope but this was an a4 envelope it must be a new contract for me to sign.

 

well it wasn't a contract it was a letter telling me they had taken over my account, cancelled all my direct debits except the one that paid my monthly business loan. the cheque book and debit card was cancelled and i could i please cut up or return my business credit card. you can still deposit cheques and cash into the account but if you need to withdraw any you have to go to your local branch and see the "personal business advisor" p.s can you please settle your current overdraft as soon as possible.

 

i,ll cut this short because i expect most of you have fallen asleep by now lol

 

 

well, that was it news got around and the vultures moved in for the kill. 1st my house then my family. and i still owed thousands to tax man, the bank, my suppliers and mortgage company who auction my house to the highest bidder leaving a shortfall of £80,000 which they chased me for.

 

thats when i became bitter and twisted b---ocks to the lot of you i thought and went on the run. and i, m still on the run, a fugitive in my own country. everytime a debt collector finds me i just pack my bags and move. i live in peoples houses you know the type room for rent, usually with young family, s who live in council houses and need the xtra money to make ends meet.

 

i got quite good at it, no one has found me for at least 2yrs. and then the letter from cabot. i, m so annoyed with myself how did i let it happen. i, ll have to move again now. its a shame really the family i, m with are very nice. I've sort of adopted them, they are a young couple with a baby, living in a council house. the boyfriend works hard, long hours and crappie pay. they would get in trouble if the council found out about me but they need the money, their in debt to the very parasites you good people are chasing.

 

anyway thats it really. i, m not after sympathy i just wanted to explain why i can, t do what you people are doing if i go after one company the rest will come out of the woodwork then i, ll end up in prison put there by inland revenue for not paying the tax i owed from 6yrs ago. and i would given an estimate for tax i owe from 6yrs ago to the present. i have to work cash in hand, i know i,m a criminal but stone me latter.

 

last words to you andrew1 my friend they have not stolen my respect, how can someone who does not know what respect is steal mine. i am better then them i always will be. so what i ask andrew and everybody else on this site is carry on the fight for me and all the other people like me for as long as you can. sooner or latter i fear it will have to stop, i, m sure as you plot your next moves the politicians are having secret meetings with their paymasters (the big corporations and their lobbyists) and they will somehow help the pigs that feed from the same troth. he watches to much telly or reads to many books i hear u thinking but i wonder i just wonder.they have to fight back at some stage. i don,t know when i can visit this site again it depends if my next house has access to the net, so remember carry on the fight for me and the many people like me, we are the silent minority we have no voice, persecuted in our own country. (blimy thats heavy stuff where did that come from) i wonder if i could smuggle myself abroad and claim asylum in brazil.

[andrew1]

Actually mileroad, I am pleased you still feel that strong, but whilst I don't know what else has got you worried, there's nothing you've told me here that can't be put right. Cabot, for example will not have the necessary paperwork to support your debt, I can almost guarantee it. Send them this letter:CCA Request:

 

 

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours Faithfully,

 

get it sent to a mail address in a P.O.Box or a place you can trust and sit back and watch it become unenforecable. Listen, I went through what you have except I didn't lose my wife and family - but I almost did, I had 2 repossession orders on my house, Direcotrs Personal guarantees on hundreds of thousands £'s worth of debt, credit cards ( 11 ) loans and no income, the tax man heavily after me, personal debts, council tax and on top of that Debt collection agencies giving me hell and a half on the telephone from 8 am until 9pm at night threatening me with bailiffs, heavies - they, for the first time in my life actually made me frightened- that feeling when your inside goes into jelly and your nerves go into freefall. You name it and and on top of all that I sank into a depression so deep I thought I'd die.

 

Then I turned and took them all on, sorted the revenue out faced up to the truth that these DCA's could do what they were doing and using letters from this site stopped them dead. It was the unlawful charges that spirreld the debt out of control and even those I am getting them back. I took on the whole bl***dy lot and I am back there making good money and frightened of no one.

 

Don't ever be on the run - stand up to each one in turn and wipe them off the face of the earth with what they choose to ignore - the law.

[PriorityOne]

Hey mileroad, there but the grace of God go most of us...

 

I also ran off.. going back 13 years now. I took my daughter and left a violent and psychologically abusive relationship. My daughter then developed an illness, triggered by stress (among other things). My own nerves were shredded.

 

My house was re-possessed (joint mortgage), debts piled up and I left behind everything I'd worked for. The old mortgage lender found me 2 years later through (I assume) DVLA records, as this was the only document that I needed to take with me and change.

 

I had no choice but to face them, so told them the truth, paid miniscule payments for another 4 years... and eventually settled for a miniscule sum. I was not aware of my rights at the time, but the amounts paid were so tiny... I was on Benefits at the time, so knew I was ok anyway.

Sometimes you do what you have to do. I am still in debt to this day, but not in connection with that past life. I had to start again from scratch...

 

However, life is now becoming good . I have a job, I have recently passed exams, which mean I can get an even better job, my child has not been ill for the past 4 years and her condition is now stable. Mentally.... I am probably one of the toughest cookies going and will now fight any DCA who steps in my path, simply because I hate injustice against vulnerable/less powerful people ! I may get an attack of the nerves at first, but will recover my composure and press on with it.

 

Don't run any more... live the life you want to live and be happy. I think you've probably been through enough and there are thousands of people on here who can honestly and genuinely empathise with that.... and who will give you the support and strength that you need to move on at last.

 

[tbern123]

Thanks for all your support everyone...

 

If this does get to court, if any of you can, please come along...

 

All support, advice and HECKLING greatly appreciated.

 

I am going to send a copy of my response to both Hodsons and to Kings Hill. I am confident of wining based on the information, I have to hand.

 

I can't really see how Kings Hill can win... If this goes to court and I win, it will open the flood gates for similar and larger claims against Kings Hill, as I know they have treated so many others in the same way.

 

I hope this thread will encourage others to look at their own situations and make a stand. Their bully boy tactics have to stop...

 

Boy, I hope I am not getting to deep and meaning full here lol

[elizabeth1]

It's good you sent your papers to Hodsons and Kings Hill (lead by example??) they can't say you aren't being upfront with them can they?

 

I am sure this will stop these companies in their tracks!!

 

Looks like I will following in your foot steps too!!

[toddle2u]

Mileroad,

I am sorry to hear of your plight. Have you taken any advice with regarsd to declaring yourself bankrupt. It would mean you would stop having to go on the run and all your debts would be wiped out and you could make a fresh start. From what you have said it seems the only logical solution. You should not have to keep on as you are when for £450 it can all go away.

[tbern123]

Mileroad,

I am sorry to hear of your plight. Have you taken any advice with regarsd to declaring yourself bankrupt. It would mean you would stop having to go on the run and all your debts would be wiped out and you could make a fresh start. From what you have said it seems the only logical solution. You should not have to keep on as you are when for £450 it can all go away.

 

Hello, any chance you can post a link to your thread Mileroad, so that people can follow events and post advice....

 

Thanks

 

Tbern123

[Rhia]

Mileroad..you must declare youself bankrupt. Even Inland Revenue can't touch if you're bankrupt. These days it only lasts a year. No more looking over your shoulder. I know it's a serious step to take but no worse than being a homeless, rootless soul. There's no need to be on the run. You can start again and Elizabeth 1 is correct probably a lot of what you are being chased for may not be worth the paper it is written on.

Puts me in mind of a line from Bob Dylan "when you ain't got nothing you ain't got nothing to lose".

I think this needs a new thread or link to your original one. And get this band of sharp minds to help you with your situation. We are all as one in this. And Cabot too!

[tbern123]

Thank you to a friend, who for personal reason would like to remain unnamed...

 

For those of you that have been following this thread, you will know that I have a new best friend. His name is Mr Ken Maynard, he is the Chief Executive of Cabot Financial.

 

Take a look at this article, Do you think he maybe referring to www.consumeractiongroup.co.uk at the end ????

 

http://www.cabotfinancial.com/pdf/Increased%20Scrutiny%20of%20The%20Debt%20Sale%20Industry.pdf

[tbern123]

3. Defence

 

4. At all material times the Defendant was a company which was a part of the Cabot Financial group of companies which operate from 10 Kings Hill Avenue, Kings Hill, West Malling, Kent.

 

Advice please....

 

If a Solicitor makes a statement in a defence they filed that is incorrect, what are the implications ?????

 

The reason I ask is....

 

According to their defence, the Defendant Kings Hill (No.1) Ltd at all material times was part of the Cabot Financial Group....

 

They have confirmed that they purchased this account in May 2006. However, according to companies house -

 

WebCHeck - Select and Access Company Information

 

Cabot Financial Group, were called PALL MALL FINANCE HOLDINGS LIMITED, until 21st June 2006.

 

Name & Registered Office:

CABOT FINANCIAL GROUP LIMITED

10 KINGS HILL AVENUE

KINGS HILL

WEST MALLING

KENT ME19 4LT

Company No. 05754978

 

Status: Active

Date of Incorporation: 24/03/2006

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

None Supplied

Accounting Reference Date: 31/10

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due: 31/08/2007

Last Return Made Up To:

Next Return Due: 21/04/2007

Previous Names:Date of changePrevious Name21/06/2006PALL MALL FINANCE HOLDINGS LIMITED04/04/2006ALNERY NO. 2580 LIMITED

So this begs the question, how could Kings Hill have been a part of a group that did not even exist at that time ?

 

The company number matches the one on their website

 

Cabot Financial Group

 

I wish I was not so quick to respond to their defence now... Nevermind... I will bring this up in court..

[andrew1]

Take a look at this article, Do you think he maybe referring to www.consumeractiongroup.co.uk at the end ????

 

http://www.cabotfinancial.com/pdf/Increased%20Scrutiny%20of%20The%20Debt%20Sale%20Industry.pdf

 

 

My god isn't it going to be good when we see this dumpy little MD eating his words

[tbern123]

My god isn't it going to be good when we see this dumpy little MD eating his words

 

lol, very true

 

My next question is going to be, as Cabot do not consider themselves to the creditor under the CCA 1974, why are they registering defaults on credit files.

 

Either your not or you are creditor....

 

Can't have your cake and eat it Mr Maynard !!!!

[elizabeth1]

Seems to me that "left hand doesn't know what right hand is doing!!"

 

 

Or being synical is it a pure case of double standards "do as I say - not as I do"

Do you know the more I read the more synical I become!! Maybe I best just sit under my desk for a while drinking coffee??

 

This reminds me when I was a youngster and my parents would tell me not to do something and I'd ask "WHY?" and they'd tower above me and say "cause I said so - that's why" seems the same sort of scenario to me!! (see I really need coffee??)

[Rhia]

You really couldn't make this up. Total bullseye Tbern. I believe you are able to add to your court entry. Would call the court on Monday and see if they will accept further evidence as it wasn't at hand when you filed the papers.

And as for Mr Maynard!!! If these web sites he alludes to are getting it so wrong why is the debt industry starting to worry?

I seriously object to his notion that these debtors are just shysters trying to dodge payment. We are all here for many reasons but mainly it seems it's ordinary, hard working folk who have just got out of their depth for a number of reasons. But then it looks like our Ken's a millionaire on the back of bad debt isn't he? So wouldn't expect he knows what that's like.

Don't know who your new best friend is Tbern but he/she/they have helped you very nicely.

[ivorbiggun]

£450 charged to a DCA per complaint from April 2007. Well that's Capquest and a few other DCAs out of business automatically.

 

I love Mr Maynards holier than thou attitude when his companies hide behind a "Group" structure and fail to adhere to consumer law.

[andrew1]

lol, very true

 

My next question is going to be, as Cabot do not consider themselves to the creditor under the CCA 1974, why are they registering defaults on credit files.

 

Either your not or you are creditor....

 

Can't have your cake and eat it Mr Maynard !!!!

 

Don't suppose I need to remind you tbern, it's Kingshill No1 Ltd who buy the debt AND register the default - not 'Cabot' in name

[andrew1]

Hey, it's gone 1 o clock - why aren't all we caboteers in bed !