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


tbern123
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Guess which company forgot to file their AQ and pay for it!!!!!!!!:D

 

 

Honestly ????? 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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Tbern we are ALL waiting. Started complaint with Trading Standards. Had to add extra pages as it is all soooo complicated. Oh what a dreadful web Cabot weaves when first they practise to deceive (with apologies Rabbie Burns). Hopefully all this guano will hit the expelair at the same time. Black Rat welcome to the story. You ain't seen nothing yet.

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Black Rat - YEP!!! patience is a virtue!!! Keep watching :D

 

I've not had so much fun in ages :)

 

More to the point when was such addictive fun actually legal ??

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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More to the point when was such addictive fun actually legal ??

 

Tamadus,

 

Some of the info we have all found out recently is so amusing - it is addictive watching for the next "clanger" - I would never have guessed we'd have such a laugh here:)

 

Just like we know " what goes around - comes around " - it sure seems to be the way? And to think that at one point I thought I had problems!!

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More to the point when was such addictive fun actually legal ??

 

 

Very true.... It is so addictive, it shouldn't be legal...

 

So am I Rhia... horefully, I should at least recieve an acknowlegdement letter or something from both Kings Hill (NOT CABOT) and Hodsons to my letter. I hope they won't waste my time, by either making an offer or playing with smoke and mirrors...

 

Funny things is six months ago, I would never have of dreamed of taking a company to court... Now it just feels like the right thing to do. It is good because it has got my old grey matter working.

 

There is so much I want to post, but I can't because Hodsons and Cabot both check CAG........

 

I will give you all a little bit of a history lesson.

 

 

The reason that I really have it in for Cabot, is because even though they know I worked 9-5 and they had my mobile number, they kept calling my home telephone number.. Sometimes 3 sometimes 4 times a day.

 

I was told that once three people from Cabot called within 10 minutes and each time they were told I was at work and to try me on my mobile... NEVER DID !!!!

 

It is their behaviour and the fact they feel they are above the law and that in their own minds that they can justify the way they act. It makes me sick.

 

As for the letters.. I wish I kept all of them now.. Some were very intimidating, boarding on being threatening.

 

Well Cabot..... you have peed off the wrong person this time.. I am now coming for you... And I haven't even taken the gloves off yet 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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tbern,

 

I am right behind you on this one and will be doing an N1 next week for our claims and non compliance etc.. - they have really p'd us off to - I am not sure whether the not filing their AQ was down to incompetence - or cause they changed their minds (time will tell?) but isn't it a sheer waste of court time for them to use the court system and not be prepared with their own cases within the time scales that they set themselves?? They really do think they are above us all?

 

I will follow this through cause the way they've bullied and proded us is nasty like you say they push their luck. They picked on the wrong ones when they filed against us?

 

I hope they do get what they deserve!!

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Tbern...a little bet here. Bet you won't hear from King's Hill No 1 Ltd. I'll lay odds on it.;)

 

I am running a book on it being Cabot who replies on their behalf. :wink: :wink:

 

You see there's no-one at King's Hill No 1 Ltd to reply to you. :!:

They're all holograms or perhaps the lost spirits of former debt collectors (all debt collectors are lost spirits) doomed to go through the motions for all eternity but unable to communicate with the living.:eek: Ah but instant karma and all that...

 

Blimey I'll have to lay off the cleaning products. :cool:

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Tbern...a little bet here. Bet you won't hear from King's Hill No 1 Ltd. I'll lay odds on it. :cool:

 

lol Sorry, I am not that silly... I can't take that bet..

 

On this occassion, I hope Cabot do respond, as this will strengthen my case. I have previously instructed them to stop processing my data, in relation to this account. If they respond, it will show they have ignored my request and have breached the deadline to tell me that they will continue to process my data... (it is in the dpa.. to tired to look tonight)

 

I am more interested in the response from Hodsons....I have a feeling that following my letter, they might stand up and take me a little more seriously now.

 

I am starting to get bored now waiting for a response... Does anyone know, how long it normally takes to get a court date....

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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Tbern, from what I am reading it seems about 6-8 weeks for cases to get court dates - the courts seem to be getting pretty clogged up with this Bank stuff - Seems many of these Banks are abusing the court system to delay paying out etc..

 

I am sure that's a pattern up and down the country ? It's a shame really cause it's an already busy system that is being abused?

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Tbern,

 

The wait is rubbish, if like mine, depending on actual case you may get a Case Management conference to help Mr Judge understand a little more before he decides a track. As the case is out of the normal bank charges he may want more info.

 

Did you see my last post in my thread? I am looking for help on what to include in mt CSC bundle. I know I don't need 1 but I want to go prepared and also know what other info I want brought to trial.

 

Can we start a book on whether Cabot/Hodsons turn up for my CSC?

If I have helped click my scales....

 

Find my threads by clicking here

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You see there's no-one at King's Hill No 1 Ltd to reply to you.

 

Every Ltd company has to have 1 director and 1 company secretary, by law. So, there must be at least 2 people at King's Hill to reply back to you. If they choose not to, that's a different issue.

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Hi Tifo...they do have directors and anyone who writes to them gets replies from Cabot Financial (Europe) Ltd who maintain they are all one company. In fact they are at least 12 different companies each registered separately under Companies House and also with the IO for data processing. They have the same three directors. This is the crux of our collective argument with them. King's Hill No 1 has the directors but no staff.

 

And DebtMountain please take a camera to your hearing and send us all an snap if one of their legal team attends.

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Tbern,

 

The wait is rubbish, if like mine, depending on actual case you may get a Case Management conference to help Mr Judge understand a little more before he decides a track. As the case is out of the normal bank charges he may want more info.

 

Did you see my last post in my thread? I am looking for help on what to include in mt CSC bundle. I know I don't need 1 but I want to go prepared and also know what other info I want brought to trial.

 

Can we start a book on whether Cabot/Hodsons turn up for my CSC?

 

Sorry Debt..... I missed it.. I'll have a sit down tomorrow and take a look

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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Now, that I have commenced legal proceedings in relation to the alleged HSBC debt, I am starting to lay the foundations of my second claim.

 

Can someone take a look at the below and let me know what you think before I send it... Thanks guys !!!!

 

 

Cabot Ref No: 1173130/Isabel

 

Dear Mr Maynard

 

Further to my previous correspondence, I am extremely disappointed that despite my repeated requests to do so, Kings Hill (No.1) Ltd, have failed to remove the default record relating to this alleged debt from my credit file.

 

I hereby, give you seven days notice to remove this entry from my credit file. Failure to remove this record will force me to commence legal proceedings to remove this record and claim damages in relation to a percentage of the additional interest I have paid on credit agreements since this default was registered.

 

I would like to take this opportunity to fully clarify, why you must remove this record from my credit file. I strongly recommend that you also refer this matter to your legal department for clarification.

 

Further to your letter of 16 October 2006, in relation to an alleged Barclaycard debt, you kindly provided me with a single page, that you report to be the credit agreement.

 

Firstly, I would like to draw your attention to the signature box, at the bottom left hand corner of this document. You will note, that Barclaycard has not signed this agreement.

 

Please forgive me if the following is in anyway patronising. I feel that I should point out the obvious to avoid any further confusion and misunderstandings.

 

In legal terms, when a credit agreement has not been signed, it is called an "improperly executed credit agreement". I have taken the liberty of quoting the relevant legislation below:

 

Consumer Credit Act 1974

 

61 Signing of agreement

 

(1) A regulated agreement is not properly executed unless—

 

(a) A document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

If I can please refer you to the document you provided, you will also note that it does not contain any details of the actual agreement as defined by the Consumer Credit Act 1974

 

61 Signing of agreement

 

(1) A regulated agreement is not properly executed unless—

 

(b) The document embodies all the terms of the agreement, other than implied terms, and

 

Now, I feel that I must stress the importance of an "improperly executed credit agreement" and the default you have registered on my credit file.

 

Consumer Credit Act 1974

 

65 Consequences of improper execution

 

(1) An improperly -executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

 

As I am sure your well kept and maintained records will clearly show, there has never been an order of the court to enforce this debt.

 

If you refer to your legal representatives Hodsons, they will be able to confirm that taking into consideration:

 

Consumer Credit Act 1974

 

127 Enforcement orders in cases of infringement

 

(1) In the case of an application for an enforcement order under—

(a) Section 65(1)(improperly executed agreements), or

 

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)

(Signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

And the fact that this Consumer Credit Agreement, actually contains no prescribed terms, it is very unlikely that an enforcement order would be granted. I am sure you will agree that the information I have provided presents a strong case for the removal of this default, from my credit file.

 

To ensure that you fully appreciate my request, I feel that it is prudent for me to remind you of the legal precedent set in the following case law:

 

1) DIMOND v LOVELL

(1999 3WLR561; 3AER1)

Judgments - Dimond (Original Appellant and Cross-Respondent) v. Lovell (Original Respondent and Cross-Appellant)

 

HOUSE OF LORDS

Lord Browne-Wilkinson Lord Nicholls of Birkenhead

Lord Hoffmann Lord Saville of Newdigate Lord Hobhouse of Wood- borough

 

LORD HOFFMANN, stated:

My Lords,

(b) Improperly executed.

"A document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner."

 

© Order of the court

Section 65(1) provides that an improperly executed agreement shall be enforceable only "on an order of the court."

 

LORD HOBHOUSE OF WOODBOROUGH, stated:

My Lords,

The consequence of the failure to comply with the statutory requirements is clearly spelt out in the statute. The contract cannot be legally enforced by the creditor against the debtor.

 

2) JUDGMENT IN THE CAUSE

Wilson and others

 

 

v.

 

Secretary of State for Trade and Industry (Appellant)

 

 

 

 

ON

THURSDAY 10 JULY 2003

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order

 

I also have previously expressed my grave concerns in relation to the processing of my personal data (as defined by the Data Protection Act 1998by both Kings Hill (No.1) Ltd and their subsequent disclosure of my personal data to Cabot Financial (Europe) Ltd. As I am sure I do not have to remind you, both of these Limited companies are registered as different Data Controllers with the Information Commissioners Office.

 

In your letter of 9 November 2006, you wrote:

 

"You state that we do not have your consent to disclose information to a third party unless we are legally entitled to do so. Under the terms of the credit agreement (which you do not deny signing) for Barclaycard you gave your authority for each account to be passed to a third party"

 

Once again, I would like to refer you to the actual agreement. The only term on this agreement in relation to the disclosure of information states:

 

"And agree that you may share information with other lenders about my Barclaycard account through Licensed Credit Reference Agencies to make credit decisions and prevent fraud."

 

This is contradictory to the assumption you have made. I would very much appreciate your comments regarding my concerns and copies of any evidence you may have to support your assumption, you have a legal right to process and disclose my personal data.

 

Regards

 

 

tbern123

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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Yet another excellent letter tbern, and if I may one I would like to use :D

 

Looks like I'll be watching your thread a lot close as the ex wife has now had letters from Cabot Financial (Europe) Ltd. Nothing from Kingshill though so perhaps they are learning :eek:

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Yet another excellent letter tbern, and if I may one I would like to use :D

 

Looks like I'll be watching your thread a lot close as the ex wife has now had letters from Cabot Financial (Europe) Ltd. Nothing from Kingshill though so perhaps they are learning :eek:

 

Feel free to use anything I post.... Going by the posts about Cabot, make sure you CCA them.... make them work lol

 

You won't hear anything from Kingshill at all. I have never received anything, I have never seen any of their letter headed paper, not even a sniff of a logo..... That is the whole problem with these guys.

 

In their last email, theys said they would get back to me shortly... That was weeks ago... I have given them enough time to sort themselves out...

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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tbern, you gotta stop doing this - you know you're gonna upset Mr Maynards weekend :D

 

Just a couple of points off the top of my head now - nothing legal, but I've been reading the threads re supply of CCA material and unsigned docs.

 

I believe you don't have to have a signed agreement to chase for the debt but you do need one to take it to court - same thing really, but under the CCa they don't have to supply it signed - as far as I am aware. But if they've got a signed one for Mr Judge and his chambers, then they ought to supply one under the CCA - makes sense.

 

Secondly quote from your letter

 

"As I am sure you ( your ) well kept and maintained records " only small but want to get it perfect for himself !

 

Well done matey .

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