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    • No I get what you're saying and that is fair enough if that's the way it is, but the issue is that the Judge has agreed that I part exchanged my car against a new car but then failed to acknowledge that it was a deposit of some form. To trade my car in and get a discount of a new car constitutes as a deposit by legislation. The Judge has conflicted himself and this is where he is misinterpreting the law.  I also shouldn't have had a scrappage discount and a dealership discount together, it says so in their terms and conditions, which in itself makes the agreement improperly executed at the very least.  This may all make more sense when I upload the trial bundle, it's over 160 pages though so taking a while to redact my information 
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    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you don't have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
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Taking Cabot to court for failing to supply HSBC CCA + Distress etc


tbern123
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Tbern,

That's really good - excellent letter (hopefully enough to rattle a few cages??)

 

Just a minor thing I noticed you wrote "you well maintained records etc.." in a sentence - you meant to write "your well maintained records" ?? Don't want to be picky but I'd rather see you get this right :D - just spell check it again and be sure (you or you wouldn't show as a spelling mistake cause it's a word etc.. that's how it got missed)

 

 

You wil sure give them a thing or two to chew over!! :D

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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.

 

This is where Kings Hill / Cabot, have really shot themselves in the foot. They have provided me with a copy of the actual credit agreement I signed, as the creditor has not signed it, it is impossible for them to present a executed agreement.

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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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 .

 

Just a minor thing I noticed you wrote "you well maintained records etc.." in a sentence - you meant to write "your well maintained records" ?? Don't want to be picky but I'd rather see you get this right :D - just spell check it again and be sure (you or you wouldn't show as a spelling mistake cause it's a word etc.. that's how it got missed)

 

:eek: Thank you.... I have now corrected it and sent it...

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,

 

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?

 

 

I have not had to do this before so I am a little unsure... Can anyone help Debt out as I will be doing this soon

http://www.consumeractiongroup.co.uk/forum/other-institutions/31824-debt_mountain-cabot-2.html

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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this is interesting ... must be from all the unlawful debts they chase ....

 

Rapidly expanding finance group Cabot Financial Limited has commissioned a headquarters building at Kings Hill, Kent, to accommodate its plans for expansion. The new 43,529 sq ft building, No. 1 Kings Hill Avenue, will be positioned in a prestigious location close to the 'silver ball' sculpture at the entrance to the business park and adjacent to the David Lloyd leisure center.

 

Designed by architects Michael Kilgour Associates, the building is one of the Flex series, providing single storey, air conditioned flexible space around a central courtyard. Cabot has committed to a 20 year lease and is scheduled to take occupation Q2 07.

 

Established in 1998, Cabot buys overdue debts from banks and other major lending organisations and employs over 300 staff at its existing Kings Hill offices.

 

'The new building will provide more than double the space Cabot now occupies,' said Andrew Blevins, Managing Director of Kings Hill developer Liberty Property Trust UK Ltd. 'This is an excellent example of how we can accommodate tenants' expansion plans within the park and provide bespoke options for their precise business needs.

'Cabot took space at Kings Hill when it first set up and we are delighted by its ongoing success.'

 

Cabot looked at various options for expansion - including off-shoring some of its operations to India and South Africa - but concluded that Kings Hill could best provide all its requirements.

 

'The new building is an important part of our European expansion and is located in a world class environment. Over the years we have found the caliber of people we need in and around Kings Hill" said Ken Maynard, Cabot's Chief Executive Officer.

 

'We have recently launched a recruitment drive and are currently taking around 25 new people onto our training programme every two months, boosting staff numbers to over 300. We are very much looking forward to growing our business at Kings Hill.'

 

The company has already relocated its Bradford operation to Kings Hill, a fact welcomed by Locate in Kent, the investment promotion agency for Kent & Medway. 'It is great news that Cabot has decided to stay and expand in Kent,' said chief executive Paul Wookey. 'After closing down its centre in a popular northern location this really illustrates that Kent is one of the best locations globally for financial and business services.'

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lol Thank you kind LADY !!

 

I have been thinking about this situation today.. If the ICO do confirm that King Hill shouldn't be sharing personal data with Cabot..

 

As Kings Hill (No.1) is a limited coming, to avoid any claims, would they just close Kings Hill (No.1) and start using Kings Hill (No.2) or (No.3) or even (no.4) ?

 

I know that legally, the individual person who is the data controller is responsible.. Wouldn't want to be them

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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lol Thank you kind LADY !!

 

As Kings Hill (No.1) is a limited coming, to avoid any claims, would they just close Kings Hill (No.1) and start using Kings Hill (No.2) or (No.3) or even (no.4) ?

 

I know that legally, the individual person who is the data controller is responsible.. Wouldn't want to be them

 

I am sure they will not want to wind up the company since all the debt are supposed to have been bought by them, and if they did wind up the company then technically they would not be able to pursue other debtors. If anyone brings legal action against this company, they should also include the names of the directors/shareholders in the claim.

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lol Thank you kind LADY !!

 

I have been thinking about this situation today.. If the Information Commissioners Office do confirm that King Hill shouldn't be sharing personal data with Cabot..

 

As Kings Hill (No.1) is a limited coming, to avoid any claims, would they just close Kings Hill (No.1) and start using Kings Hill (No.2) or (No.3) or even (no.4) ?

 

I know that legally, the individual person who is the data controller is responsible.. Wouldn't want to be them

 

 

In theory, yes - but in reality I think Messrs Maynard, Crawford & co are a little more clever than we joke about and that would be the last thing on their mind. Don't hold your breath on that one.. too entwined with clients for one as Kingshill No1 ...but ..never say never!

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this is interesting ... must be from all the unlawful debts they chase ....

 

 

Interesting...I never went to Harvard Business School but I'm pretty sure that uncollectable debts are things that any normal business would want to avoid yet these nutters are buying them. I don't think they are paying for this out of profits...I think we will find that they are just burning through a load of bank finance and venture capital or private equity.

"Why CCJ when you can CCA!"

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finally! .... nearly 3 hours reading this excellent thread!

 

i also have two accounts (been paying regularly) and the same Kings Hill / Cabot fiasco .... i might start rattling them a bit myself (but need to build up the courage first .... )

 

i have a few accounts with Lowell Group (!) and they work in much the same way so i might also give them a go ...

 

and maybe even Tessera Portfolio who also work in much the same way again ...

 

but thanks tbern .... this is all good ....

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lol.... Thanks

 

If you need any help with anything just shout...

 

The Cabot Fan club is getting bigger and bigger..

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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I have been thinking about next weeks, Watchdog program about Debt Collection Agencies...

 

If I have not had a response from Cabot by tomorrow night, I am going to send copies of everything to Watchdog. I think they will find the letter confirming that when the buy the debt they are not given any documentation very interesting.

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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Sad thing about Watchdog is the plonkers they've got presenting it - how can anyone take that lot seriously? Reminds me of the days Esther Rantzen and Cyril Fletcher did much the same... We can only hope they know what they are doing on the night.

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?

:o What is going on.... ?????

 

I have just checked my credit file......

When I started this little crusade, it was because I had a default registered on my Credit File by Kings Hill (No.1) ltd... It read:

 

Company name:KINGS HILL (NO 1) LIMITEDAccount type:Credit Card / Store CardStarted:04/02/2000Default Balance:£3,512Current Balance:£3,895Defaulted On:21/01/2002File updated for period to:06/08/2006

 

Checked my credit file today........

 

Default, no longer there... It has been removed from my credit file

:D

 

Now, I am pleased it has been removed. However, I want to know the reasons why this has been removed, was it as a result of my PROMISE of legal action or, is it because it was incorrectly registered on my credit file.

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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Nothing to sue our Ken For tbern?

 

lol, you would think so wouldn't you...

 

But, I am not going to let it go, the damage has already been done..... I have been going through their letters and they placed that default in their name in 2004....

 

I know I have beaten them on two of the alleged debts now, but I am not going to let them off...

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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Have they just handed it back to the original company? Good news and no it doesnt make every ok again. The damage has been done and you are due damages.

 

I checked my file and everything is still the same.

 

Watchdog mmmm wonder if they would like a visit to Morpeth to meet a Cabot rep at a court? Worth thinking about.

If I have helped click my scales....

 

Find my threads by clicking here

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lol, you would think so wouldn't you...

 

But, I am not going to let it go, the damage has already been done..... I have been going through their letters and they placed that default in their name in 2004....

 

I know I have beaten them on two of the alleged debts now, but I am not going to let them off...

 

Also, there's an admission of guilt here and running because if they have removed it they wouldn't do it if you just 'asked' them - they have done it because they know they are in deep **** and have tried to correct it before they are taken into the court to expalin it.. I'd say its 40 love to you tbern and you're serving for the match!

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Guest The Terminator

 

Personal Data

 

12 We may use and share your information with other members of the Group to help us and them:

  • assess financial and insurance risks;
  • recover debt;
  • develop customer relationships, services and systems;
  • prevent and detect crime;

Your information includes information about your transactions.

 

We do not disclose your information to anyone outside the Group except:

  • where we have your permission; or
  • where we are required or permitted to do so by law; or
  • to other companies who provide a service to us or you
  • where we may transfer rights and obligations under this agreement.

From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we shall write to you. If you do not object to the change within 60 days, you consent to that change.

 

In that case why are they passing data without permission.So when a debt is passed over they are breaking their own T&C

 

If you would like a copy of the information we hold about you, please write to: The Royal Bank of Scotland plc, 36 St Andrew Square, Edinburgh,EH2 2YB. A fee may be payable.

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