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

[elizabeth1]

OK ...

 

so what is the next port of call after the Information Commissioners Office?

 

i assume the OFT?

 

i ask because i will have a strong case against Lowell (see me thread here http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/61207-lowell-group-2-defaults.html ).

 

Basically the debt is with either Lowell Portfolio or Lowell Financial. However, both have issued 2 defaults each for 1 debt. Obviously one of them has no right to my personal information, never mind to issue multiple defaults ....

 

I'm trying to gather info to build a case against them ...

 

It's very much like King's Hill / Cabot .... who i will also chase soon as tbern has done (using his thread as an inspiration of course).

 

 

THAT'S AWFUL ISN'T IT??

 

I really don't see how these companies are getting away with this stuff as it's really nasty - I sure hope you make the companies who have done this to you suffer!!

[tifo]

THAT'S AWFUL ISN'T IT??

 

I really don't see how these companies are getting away with this stuff as it's really nasty - I sure hope you make the companies who have done this to you suffer!!

 

It is very awful for me, because my credit score is suffering (compensation i hope?).

 

I will try and make them pay for it, this is why i need to gather info and build a good case. But at the end of the day it may have to be a court decision. But this is a very serious breach of Data Protection Act as i see it.

 

The Information Commissioners Office and OFT seem to be not able to do anything.

[Rhia]

Tifo. The IC HAS to investigate and come back to you with their findings. If they uphold your complaint you can then pursue through the courts for compensation.

It really is high time something was done with these CRAs registering defaults and other incorrect information. Some are pursuing elsewhere on this board. have enough to do at the moemnet but that's my move after sorting these DCAs.

[andrew1]

Tifo. The Information Commissioner HAS to investigate and come back to you with their findings. If they uphold your complaint you can then pursue through the courts for compensation.

It really is high time something was done with these CRAs registering defaults and other incorrect information. Some are pursuing elsewhere on this board. have enough to do at the moemnet but that's my move after sorting these DCAs.

 

Where does it actually say they HAVE to Rhia. I agree with you this is nothing short of disgraceful reading this and other threads ( I'm accumilating !) They seem like my good ole grandpappy - totally toothless!

[Rhia]

Andrew!. I am only going by a letter sent by an officer with the IO. It was in connection with my son and his credit card people didn't respond to SAR so he lodged a complaint and they were very good. The female case officer told me they had to investigate. It was found in his favour and she then wrote and said he is entitled to pursue through the courts for compensation. I don't think he has done this as he wasn't too sure what he could claim but I think he shuld look at it again. We'll dig out the letter and I'll perhaps call her up and ask her to confirm if they HAVE to investigate.

Follwoing this experience I was surprised that Tbern's response from them was vague. Need to ask Tbern this but was it just an email enquiry or an official one on the form. In my son's case it was an official one on the form, perhaps this is what makes the difference.

Just another thought. This complaint was very clear cut and it was turned down on one part but upheld on another. Like all these bodies they can only work within the legislation so perhaps if people have had a negative response perhaps it's the complaint itself that's not clear.

[andrew1]

Thanks Rhia,I gather compensation ( and this is what I am working on although it's a headache to go back through) is if the defaults issued caused you to pay a higher interest rate for another product. My son had one with Hutchinson 3G - a crazy situation, never had credit in his life, good job etc, phone didn't & work left it they racked up outstanding charges which he paid but they stuck a default on without his knowledge. 2 yrs later when he applied for his first mortgage Nationwide turned him down because of it. HSBC offered him one but it cost him £1500 over 3 yrs more than N'Wide so I am going after Hutchinson for it. That's the kind of example the court would want to see.

 

tbern generally uses emails I believe ( he doesn't like hanging about ) but as you say, you have to make everything crystal clear. Don't you just love this? Cabots in for a nasty surprise and I really hope it cleans their act up for all our sakes.

[tifo]

Thanks Rhia,I gather compensation ( and this is what I am working on although it's a headache to go back through) is if the defaults issued caused you to pay a higher interest rate for another product.

 

Yes, i agree with you. Even though i have other defaults for debts, having 4 defaults for 1 account made it seem i had 4 defaults for 4 accounts to any potential lender, and i am sure i am entitled to compensation.

 

I am paying full rate at my bank for my mortgage, currently 6.75% i think ...

 

I have done a letter i am sending to Lowell, have a look here on my thread and let me know what you think? http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/61207-lowell-group-2-defaults.html

 

I will also chase Cabot soon so this thread is interesting for me.

[andrew1]

Yes, i agree with you. Even though i have other defaults for debts, having 4 defaults for 1 account made it seem i had 4 defaults for 4 accounts to any potential lender, and i am sure i am entitled to compensation.

 

I am paying full rate at my bank for my mortgage, currently 6.75% i think ...

 

I have done a letter i am sending to Lowell, have a look here on my thread and let me know what you think? http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/61207-lowell-group-2-defaults.html

 

I will also chase Cabot soon so this thread is interesting for me.

 

Actually, what would be a good exercise is to ask the lender what effect your credit had on your interest rate when you applied for the loan, they must have their credit scoring attached to your files. That way you can calculate it. I have a loan at present and the broker is going back to find out for me. I'll take a look at your thread later if you don't mind - my other half said I must get on with my proper job!

[Rhia]

This will give you a nice warm feeling.

Buggins the cat has been in the office for a nice sleep etc and as he sneaks out I detect a dreadful pong coming from some files laying on the floor at the side of the desk.

Lo and behold the delightful chap has paid the King's Hill mob the ultimate tribute and pooped on one of them and joy of joys it's the Cabot file.

Think the old boy has said it all on our behalf. Here's to Buggins the cat!

[andrew1]

This will give you a nice warm feeling.

Buggins the cat has been in the office for a nice sleep etc and as he sneaks out I detect a dreadful pong coming from some files laying on the floor at the side of the desk.

Lo and behold the delightful chap has paid the King's Hill mob the ultimate tribute and pooped on one of them and joy of joys it's the Cabot file.

Think the old boy has said it all on our behalf. Here's to Buggins the cat!

 

Square on our Ken's head !! Best treatment - good ole Buggins thank him very much ! :D

[tifo]

Actually, what would be a good exercise is to ask the lender what effect your credit had on your interest rate when you applied for the loan, they must have their credit scoring attached to your files.

 

Don't know about the effect, as when i got the mortgage my score was perfect (obviously the reason i got the mortgage). Since then it went downhill after a few years and when it came to my discounted period being over, i could not remortgage so been stuck on full variable rate for last 4 years.

 

However, they did say the lowest their rate has been over the last 3 years is 4.99%.

 

So, the difference is 1.76% on £50k.

[tbern123]

Don't know about the effect, as when i got the mortgage my score was perfect (obviously the reason i got the mortgage). Since then it went downhill after a few years and when it came to my discounted period being over, i could not remortgage so been stuck on full variable rate for last 4 years.

 

However, they did say the lowest their rate has been over the last 3 years is 4.99%.

 

So, the difference is 1.76% on £50k.

 

Slightly off topic, but who do you bank with ????

 

If you want a rate other then the Standard Variable rate, you don't need to remortgage. You can apply for a rate, i.e discount or fixed. You aren't normally credit scored for this, the normal requirement is that you are not in arrears on your mortgage.

[tifo]

Slightly off topic, but who do you bank with ????

 

If you want a rate other then the Standard Variable rate, you don't need to remortgage. You can apply for a rate, i.e discount or fixed. You aren't normally credit scored for this, the normal requirement is that you are not in arrears on your mortgage.

 

I bank (mortgage only) with Abbey.

 

I have tried to remortgage over the last 3 years, especially the RBS One account (i personally bank with them) and it is my credit score that gets in the way, not arrears as i didn't have any (at that time).

 

The best offer i got was from Halifax wanting to give me the same rate as Abbey, so i asked them why should i change? They said because you can borrow more, as i have over £150k equity (and cannot release it, damn that credit score!).

[elizabeth1]

This will give you a nice warm feeling.

Buggins the cat has been in the office for a nice sleep etc and as he sneaks out I detect a dreadful pong coming from some files laying on the floor at the side of the desk.

Lo and behold the delightful chap has paid the King's Hill mob the ultimate tribute and pooped on one of them and joy of joys it's the Cabot file.

Think the old boy has said it all on our behalf. Here's to Buggins the cat!

 

 

Looks like you got the smartest cat in town!!!!

[Rhia]

Calling all Caboteers. Debt Mountain meets them in court tomorrow (31st August) at 11am. All send positive vibes to him tomorrow at the appointed hour.

[Seminole]

Calling all Caboteers. Debt Mountain meets them in court tomorrow (31st August) at 11am. All send positive vibes to him tomorrow at the appointed hour.

 

Which court?

[GSMGuy]

Erm 31st august? That can't be right?

 

Mike

[debt_mountain]

I posted in my thread at the weekend that there is a 4 week adjournment as there is some stike activity impacting courts that day.... so it gives me and Cabot 4 more weeks to prepare.

 

thanks for the thought though.....

[elizabeth1]

DM - Good luck anyway!!

[debt_mountain]

Which court?

It will be Morpeth and Berwick on 28th Feb now. 1pm I think

[debt_mountain]

Calling all Caboteers. Debt Mountain meets them in court tomorrow (31st August) at 11am. All send positive vibes to him tomorrow at the appointed hour.

 

31st of August is probably when Cabot would like it as the date doesn't even exist.... :D

[andrew1]

31st of August is probably when Cabot would like it as the date doesn't even exist.... :D

 

Just like the staff at Kingshill

[Seminole]

It will be Morpeth and Berwick on 28th Feb now. 1pm I think

 

Ah, that's a bit too far away for me but good luck anyway. I'd actually love to see how this company behave in court.

[debt_mountain]

Lo and behold the delightful chap has paid the King's Hill mob the ultimate tribute and pooped on one of them and joy of joys it's the Cabot file.

Can we take Buggins along to court as a Cabot Fan Club Mascot??

[andrew1]

Ah, that's a bit too far away for me but good luck anyway. I'd actually love to see how this company behave in court.

 

No you wouldn't Seminole - you know you'd end up in convulsions