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

[tbern123]

It was to say thank you for your helpful posts.. lol

[whats a mook?]

I personally feel that comments such as these are uncalled for. Especially when you consider all the hard work he has done and the help he has given us.

 

It seems epecially poor, when you consider that this is his thread. Instead of complaining about tbern123, may be people could be more constuctive with their posts and post some things to help..

Because my message contained real malice and offence didn't it?

 

Get real sunshine.

[ODC]

This is a superb thread. \\\\\\\\i want to keep up to date. Subscribing

 

TBERN = SUPERHERO

 

Do these ********ds not realise if they were straight and decent with their alleged debtors they may be more successful. I owed over 3 grand on a credit card. They contacted me at work once. I told them not to do so and gave them my mobile. Girl from DCA gave me hers. We sorted out my debt like two adults. If I have a bad month and cannot pay I ring her she stops dd and rings me next month to see if its ok to take it. Result = CC company get their money. I clear my debt. Lowells, Cabot and all the other parasites who lie bully and cheat can go and **** themselves they will never get a penny piece from me.

[Seahorse]

If you mentioned the DCA in question, I have a feeling the MIB might take note and perhaps direct their custom to a perhaps more effective body?

 

Oh, what am I saying. Of course they're not. They'll keep using the DCAs that they have a financial interest in. Doh! How silly of me. Which is why, I guess, there's no point complaining to Barclaycard about Cabot.

 

Which reminds me. No reply yet from good old BC re. my SAR. Time to do some chasing up, I think.

 

Seahorse

[debt_mountain]

I had a little thought today prompted by the Maynard Rights and Duties.

 

when a bank sells a debt if all the rights are transferred then the banks should no longer hold any data on us as it should transfer with the bundle of info etc, so if the bundle of info does not change hands then 2 people now have our information. The DCA buys what they beleive to be the rights but the bank doesn't actually ever give it up.

 

Not sure if this just my lack of knowledge but surely from us signing an agreement at some point it has now split and 2 people have access to it.

 

Surely 1 or other of them should have everything or nothing?

 

I did also read the paper by Maynard "Scrutiny blah blah" nice to see the thumb screws are starting to turn....and he give a useful reference to OFT and court cases about the definition of the "creditor" under section 189 of the CCA.

[FANTASY CHARGES]

Oh, it shouldn't be. DM PM'd me last night. :-| I'll check, but in the meantime I'll PM you with a link to it.

 

SORRY OAM A BIT LATE

 

Cabot Financial (Europe)

The team - HR & Training Team

Number in team: 8 Number in HR function: 8 Number of employees HR is responsible for: 310

About the organisation

Cabot Financial describes itself as a pioneer and market leader in consumer debt purchase in the UK and Europe with an ethical policy of treating its 1.5 million customers with respect. Formed in 1997, the workforce at its Kent call centre has grown from 50 to 300 employees.

The challenge

Performance was worsening on a number of key measures, including target achievement, absence, staff turnover and customer complaints. HR decided the company needed to adopt a philosophy of high-performance to re-energise the workforce.

What the organisation did

Introduced a 'Drive' campaign, to reward the behaviours and competencies of high-achieving employees.

Introduced a 'Speed' nomination scheme for employees displaying exceptional customer service - internally and externally.

Employees not absent during any given month were entered into a 'Surprise Surprise' prize draw, with high-value awards.

Benefits and achievements

The HR team's own people management and negotiating skills improved, and members were nominated for the 'Speed' programme.

A higher percentage of personal and team targets were achieved.

Absence rates fell from 7% to 3%, and staff turnover is down to 21% - a low figure for call centres.

Convinced of its positive impact on the business, the board has committed to an additional 40% investment in the programme.

The judge says: "This is a fast-growing firm in consumer debt repurchase, where customer service is the key. HR developed a strategy to raise levels of service covering training, bonuses, coaching and performance."

 

LINK TO THE ARTICLE

 

Personnel Today Awards 2006 - 08/08/2006 - Personnel Today

 

 

AND HERE IS A BIT MORE !!!

 

http://www.personneltoday.com/Articles/2006/09/12/37116/ceridian-hr-director-of-the-year-award.html

John McCluskey, Cabot Financial (Europe)

The team - HR and Training Team

Number in team: 8 Number in HR function: 8 Number of employees HR is responsible for: 310

About the organisation

Cabot Financial is a market leader in consumer debt purchase.It has grown rapidly since its launch in 1997, from 50 to more than 300 employees.

The challenge

Maintaining a motivated, capable workforce while keeping a healthy work-life balance in a rapidly expanding firm.

What the HR director did

Developed work-life balance initiatives, such as shift options and part-time working, including flexible privileges for top performers.

Introduced a comprehensive, four-month induction programme focusing on self-development, performance improvement and career progression.

Developed industry-specific skill and compliance procedures to map competencies and behaviours.

Launched a programme to monitor individual customer service performance, encouraging and recognising outstanding results.

Created a staff consultation group.

Introduced a bespoke, automated HR database.

Benefits and achievements

HR supports and underpins the entire business strategy, supporting all employees to ensure they work in line with business needs.

Working towards the ISO 9000 management standards and Investors in People Profile 4, which represents an organisation demonstrating excellent practices.

Absence rates have fallen below 4%.

HR was vital to the success of a recent refinancing bid, amounting to an investment 40% greater than expected.

The judge says

"The HR director has introduced a phenomenal range of practices to ensure that all staff experience products and services from HR of the highest quality."

[Seahorse]

It seems to me that reward driven performance and customer service in the world of debt collection are two phrases at odds with each other.

 

Of course, the Cabot website would try to have us believe otherwise. All it is missing are fluffy lambs gambolling across the screen, to the sound of children laughing happily in the background.

 

Whereas in reality, we all know it should have wolves chasing the sheep to the sound of thousands of gnashing teeth.

 

Don't have nightmares.

 

Seahorse

[tbern123]

I did also read the paper by Maynard "Scrutiny blah blah" nice to see the thumb screws are starting to turn....and he give a useful reference to OFT and court cases about the definition of the "creditor" under section 189 of the CCA.

 

I think I must have missed this.. where is it ???????

[pmhcfc]

I think I must have missed this.. where is it ???????

 

LoL..Where do you think I got my 'turnover 21%' figure from in the post I posted about 4 days ago

[tbern123]

DO you know the post number, I need to read about what he say about s189

[tbern123]

I would really appreciate it, if someone could help me out here and point in the right direction

[louiboy]

From Hognobs.

 

You raise issues of non-compliance with the CCA 1974. Our clients do not consider themselves creditors for the purposes of the Act. They have never agreed to provide you with credit and nor have they taken on the creditors obligation to provide you with credit and they do not have to provide you with contract documents which are not in their possession. (s189(1)) definitions. This view is supported by the fact the Act provides a separate category of license for debt collection and the Govermnents decision to create a new category of consumer credit license for debt administrators (purchase portfolios and administer them). When the Act is amended in 2008 the requirement for a debt collecting license does not apply to creditors.

Thats some of what they sent to me. Think they are saying. We don't consider ourselves to be the creditor. Personally I dont think it's applicable now. They are quoting from a future change to legislation.

 

S198 is a serious of definitions. Put this on my thread shortly. Snowed under at the mo.

[Seahorse]

I think this is the link DM was referring to tBern.

 

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

 

Seahorse

[debt_mountain]

I think this is the link DM was referring to tBern.

 

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

 

Seahorse

thats the puppy...thanks seahorse.

 

I have just added some info on my cabot thread.

[louiboy]

Ohhhh! Have I got this straight.

 

Hobgobs have sent me a twisty statement that their clients have not aquired the duties and have no lawful right to pursue the debt.

[tbern123]

Oh, sorry, I thought it was something new referring to actual cases...

 

Thanks guys

[Seahorse]

Well, I'm no expert, but it seems to me that if they have not acquired the duties, they simply do not have the right to pursue any debt. This is what our Ken wrote to me himself. So basically, there's no real danger in them taking me to court (pleasant though that prospect might be with the evidence thatis gathering). It's more a case of seeing how much further they can dig themselves in. And there's the little matter of getting a default removed too. THAT wee exercise is becoming addictive. Maybe I need to register with CAG Anonymous.

 

Hello, my name is Seahorse, and I have a problem...

 

Seahorse

[tbern123]

Well, I'm no expert, but it seems to me that if they have not acquired the duties, they simply do not have the right to pursue any debt. This is what our Ken wrote to me himself. So basically, there's no real danger in them taking me to court (pleasant though that prospect might be with the evidence thatis gathering). It's more a case of seeing how much further they can dig themselves in. And there's the little matter of getting a default removed too. THAT wee exercise is becoming addictive. Maybe I need to register with CAG Anonymous.

 

Hello, my name is Seahorse, and I have a problem...

 

Seahorse

 

If you push them in the right places, they will remove the default

 

They did for me8-)

[debt_mountain]

If you push them in the right places, they will remove the default

 

They did for me8-)

 

and they haven't for me. So if you got at them like Tbern they may remove the defaults, I have tried the low level route of prelim, lba and court paper with no other real communications. But I only have 6 more sleeps til my first meeting with them.

 

Tbern, when you get your SAR you will end up spending 3 days writing a letter asking about all the discrepencies it contains, I have been sitting here chuckling as I go through it.

[tbern123]

I am really looking forward to it....

 

I will be writing to them over the weekend anyway. I want to know how my data gets from the original creditor to Cabot Financial (Europe) Limited without going through Cabot Financial (UK) Limited. As if it did go through Cabot Financial (UK) Limited, they should have information to provide me.

 

If Cabot Financial (UK) Limited have no data, what exactly did they put on my credit file then ???

 

I think it is time to step this up a gear...

[jdene]

Fascinating read i have a thread with citicards but because cabot are involved i will have to start a seperate thred for them hope all you cabot veterans will be available for advice, they are still adding interest to my account after sending me a letter confirming it had been frozen while in dispute, you guys have been the confidence i needed to take these people to task so look for my thread i will be posting on saturday all being well.

keep at it tbern you got them in retreat.

Regards

jdene

[tbern123]

Fascinating read i have a thread with citicards but because cabot are involved i will have to start a seperate thred for them hope all you cabot veterans will be available for advice, they are still adding interest to my account after sending me a letter confirming it had been frozen while in dispute, you guys have been the confidence i needed to take these people to task so look for my thread i will be posting on saturday all being well.

keep at it tbern you got them in retreat.

Regards

jdene

 

Once you create a thread, post a link to it here, so that we can all help out...

 

Good Luck

[Seahorse]

Yup, we are all keen to see how they evolve from the swamps of the DCA trade having discarded all their less effective methods and move on to a higher lifeform. Or are they like the dinosaurs; doomed to repeat the same mistakes over and over until they finally become extinct, and sink back into a mire of their own making?

 

Welcome to tBern's Cabot Fan Club, by the way

 

Seahorse

[debt_mountain]

Fascinating read i have a thread with citicards but because cabot are involved i will have to start a seperate thred for them hope all you cabot veterans will be available for advice, they are still adding interest to my account after sending me a letter confirming it had been frozen while in dispute, you guys have been the confidence i needed to take these people to task so look for my thread i will be posting on saturday all being well.

keep at it tbern you got them in retreat.

Regards

jdene

Jdene

 

I am not sure if we can actually help you with these people, every letter we get from them and all communication from them confirms they are follwoing every law and guideline setout, to the letter.....NOT

 

Welcome to the club, can't wait til Saturday to read your story.

[debt_mountain]

Started digging through the SAr and here are another couple of issues I will be highlighting to Mr Judge and Hobasons.

 

Cabot Europe ltd, who do not have my authority to have me data let alone share it have confirmed they have shared it with

Ebiquita,

UK Changes,

Voicexcel and

Telemessaging . - I take it this one is THE MESSAGE SERVICE

The default they have registered started a x in 2001 but after all the additionas of interest and charges (another problem I need to look into) ir rose to over 2.5x but the default value shown on my credit file is the 2.5x which is inacurate as that was not the default amount....

Letter being drafts to Cabot/Hodsons.

One thing I would say in Cabots defence is that it doesn't look like they have doctored the SAR file they have sent. I have not yet confirmed that every letter they say they sent is included in the SAR though.