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

[TideTurner]

I wonder would the Law Society be interested in 'Solicitors' signing letters demanding money that they cannot prove is actually owed. I.E. Threats of all sorts without a CCA:rolleyes:

 

This is fraud.

 

Tide

[elizabeth1]

Hi liz,

 

 

When you think about it, how many people out of the many thousands that have "alleged" debts now with DCA's, even realise there is such a thing as a CCA request? Or even a S.A.R - (Subject Access Request)?

 

80%, 90% or possibly more!

 

 

 

12 months ago I didn't have clue about anything we now discuss here!!!

 

 

Therefore, it is worth the DCA's chancing their arm! Most people either admitting to the debt, or failing to defend at all!

 

 

Best wishes, Jeff.

 

 

Jeff - YES you are right!! I reckon the biggest percentage of people who get these "Court Claims" really haven't got a clue how to deal with it. The largest amount must write to court "admitting liabilty" offering a payment because they can afford to perhaps remortgage or offer installments based on what they can afford to pay. In saying this I see on my SAR that Cabots had the cheek to do a Land Registry check to identify whether I was a home owner or not!! So they cleverly identify who might have enough "equity" in their homes to cover a quicky loan to repay such debts? as Land Registry will show what loans etc.. are against the property involved? SO THEY ALREADY HAVE THIS INFO WORKED OUT?

 

THEN if we think of how all of us react upon getting a "court claim" through the post - non of us want a CCJ - so we are going to cough up and pay these people?

 

Then there are the few - who really bury their heads in sand and haven't a clue where to look for help etc.. and because they ignore the claims being made - this company wins because the claim goes through court without a defence etc.. and the CCJ is the natural end product?

 

You see they are taking chances that many won't question their claims - those of us who question the claims don't get answers - just a huge silence!!

 

They are taking chances and relying upon the court claims putting fear into people to pay up!! Once it is mentioned to Court "I asked them to prove the debt" they back right off - as they'll never go court with it as they know they are worng?

[tbern123]

OK I might be barking up the wrong tree here but I will just clarify what I am getting at in more detail.

 

Under data protection the bank can only issue data to the new owner (ie UK) not a third party collector (Europe). The quote in post 1646 does indeed indicate what everyone already thought-data went to Europe not UK.

 

Not quite Aktiv. The DPA does allow financial institutions to disclose our personal data to third parties with our permission. Permission is usually granted when a credit agreement is signed.

 

Further to FG's posts, Cabot have already confirmed in their defence that data is passed directly to them from the financial institution. I have this confirmation in writing and it is signed by WW.

[tbern123]

Call me a cynic but maybe someone at Cabot Towers was selling red herrings and trying to divert the issue. It could be that they are not as clever as they seem to think they are

 

 

If they were, it back fired big time. FG pointed out to very key issues that I had previously missed and I for one am very grateful

[tbern123]

It is irrelevant who actually wrote the goodbye letter as the bank is ultimately responsible for it anyway. (In a similiar way how can the bank pass data onto a company that does not have the systems to receive it).

 

Sorry Aktiv... don't mean to keep picking on your posts..

 

But it is very relevant who wrote the goodbye letter (if by this you mean the last letter from the financial institution).

 

Let's visit the world of Cabot for a moment. They rely on the Land of Property Act 1925. By doing this, they can shot themselves in the foot.

 

As the notice assignment should be from the assignor. If it was to be proven that Cabot write the goodbye letters, this could mean that none of the debts were legally assigned.

[Seahorse]

MY goodby letter was even dated AFTER the supposed assignment.

 

Methinks someone wasn't paying attention when they hit print.

[Rhia]

Mine was dated a whole year after supposed assignment.

[make them aktiv runners]

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[Cornucopia]

I know someone who has started a complaint against a solicitor in regard to this activity. I think we should complain the their professional bodies both the Law Society and ILEX and keep the pressure on. They do have a responsibility to ensure that debt collection is made carefully and that means checking out the legality of what they are attempting to recover.

 

Hello everybody, although I am subscribed, I am a watcher. I would just like to add that I complained to the Law Society about the conduct of a huge law firm (that I have to deal with through my work as an entirely separate entity) in relation to a debt. They were, frankly, rubbish. It was along the lines of "whilst the conduct of so and so may not be to everybody's taste, they have not breached the law society code". Oh well, that's OK then. I won't even go into how badly they have behaved because it would bore you all and you've all been there, but the Law Society, in my opinion, are impotent in such situations.

[tbern123]

As confirmed by Cabot, I first disputed these debts on 8th September 2006.. Yep, it really was that long ago.

 

The Notice of Assignment for BOS is dated 27 September 2006.

 

If we now refer to my SAR, lets look at activities between the 8th and 27th.

 

MMMMmmm interesting

 

152, 12/09/2006 13:54, Take a note : Information - em to daily ops for copy of goodbye letter

154. 12/09/06 14:20, Case reviewed : g.bye letter produced as requested

156, 27/09/06 15:27, Case reviewed : Goodbye ltr produced and returned to as requested

157, 29/09/06 17:12, Take a note : Information - holding ltr re printed with todays date and posted to cust with with copy goodbye ltr

 

Now lets take a peek at the HSBC info....

 

The "copy" of the HSBC letter is dated 12 September 2006.. let's see what the SAR will reveal

 

This looks very familiar

 

53, 12/09/06 15:02, Take a note : Information - em to daily ops for copy of goodbye ltr

55, 12/09/06 15:45, Case reviewed : manual goodbye ltr produced

56, 29/09/2006 17:18, Take a note : Information - holding ltr reprinted and sent with copy goodbye ltr

 

 

Ok that is two for two... I wonder if we can make it three for three.. Anyone want to bet ????

 

Ok here goes.... Barclaycard goodbye letter dated 18 September 2006

 

Yep you guessed it

 

200 12/09/06 12:39, Take a note : Information - em to daily ops for copy of goodbye ltr

205, 18/09/2006 14:29, Case reviewed : maunual goodbye ltr produced and passed ti JH as per her request

206, 29/09/06 17:17, Take a note : Information - holding ltr reprinted and sent with copy goodbye ltr

 

Thanks FG, I never noticed before

[tbern123]

Mmmmmm 4 guests reading my thread... wonder who they could be ?

[make them aktiv runners]

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[make them aktiv runners]

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[tbern123]

No offence taken.. If I was Cabot I would be more worried about what I have not posted about, rather then the little things I have

 

They won't know what has hit them... I can't wait to hear from the court

[make them aktiv runners]

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[Richard Spud]

Regards to All

[tbern123]

Richard !!!! I was going to try and take a weekend off of it.... lol

 

But, after reading your posts..... I think I will do some more reading.

 

Thank you for all of your very imformative posts

[tbern123]

ok, I am intending to send this to their solicitors:

 

 

Mr Dean Spencer

Hodsons Solicitors

Glebe House

2 Clifton Road

Rugby

CV21 3PX

 

 

Dear Mr Spencer

 

 

Thank you for your letter of 20 February 2007, your reference CAB2/11/DSS/pal and for providing me with a copy of the defence you have filed on behalf of the Defendant, Kings Hill (No.1) Ltd (now called Cabot Financial (UK) Ltd).

 

 

Please accept my sincere apologies for the delay in providing you with a written response to your correspondence.

 

 

Firstly, I would like to take this opportunity to raise my concerns in relation to my Subject Access Request made to Kings Hill (No.1) Ltd. As stated in your letter of 20 February 2007:

 

 

“ Cabot Financial (Europe) Limited is contracted to act as an agent for Cabot Financial (UK) Limited (formerly Kings Hill (No.1) Limited. Your subject access request sent to Cabot Financial (UK) Limited was passed to Cabot Financial (Europe) Limited in order to process your request. We are instructed that Cabot Financial (UK) Limited does not hold any data to which your request relates”

 

 

you also state:

 

 

“For the avoidance of doubt we are instructed that Cabot Financial (UK) Limited does not hold any data about you.”

 

 

I would now like to take this opportunity to refer you to the defence that has been submitted on behalf of the defendant:

 

1. It is admitted that, by letters dated 28th January 2007, the claimant made subject access requests, under the Data Protection Act 1998 (“the 1998 Act”), for copies of all data relating to the Claimant that was held by the Defendant and for copies of all data relating to the Claimant that was held by Cabot Financial (Europe) Ltd. It is further admitted that, by letter dated 20th February 2007, Hodson solicitors acting on behalf of the Defendant, informed the Claimant that the Defendant did not hold any data in relation to the Claimant.

   
   

 

In response to the above extracts, can you please answer the following questions in their entirety:

 

1. If the defendant, does not hold any data about me, why was cheque 300063 sent to the defendant, in relation to my Subject Access Request presented for payment on 3rd April 2007 ?

   
   

   
   

2. If the defendant does not hold any data about me, what data was used to record and update the following default on my Credit File ?

   
   

 

Company name: KINGS HILL (NO 1) LIMITED

Account type: Credit Card / Store Card

Started: 04/02/2000

Default Balance: £***

Current Balance: £***

Defaulted On: 21/01/2002

File updated for period to: 06/08/2006

 

 

I would appreciate a response as soon as possible in relation to my concerns.

 

 

Regards

[make them aktiv runners]

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[tbern123]

Not quite,

 

In relation to Banks, they are required to store information for six after an account is actually closed. They do this for various reasons

 

1) Statue of Limitations is six years (customer could make a claim in that time)

2) Possible Litigation

3) Money Laundering

 

As demonstrated on various threads, the production of documentation is a little hit and miss at best.

 

It would appear that in mosts instances, Debt Collection Agency just try their luck. I think it boils down to a numbers game. It costs them peanuts to write to people and it only takes one person to start paying for them to earn potentially thousands of pounds.

 

The general public are unaware of their rights, most people who are threatend with Court action, someone coming to their house or being bombarded with telephone calls and letters, will just pay to make them go away.

[ODC]

And we all know what happens if you pay peanuts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

You only get monkeys:D

[make them aktiv runners]

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[tbern123]

Going by hhow anal retentive Cabot are, you are proberly right. I will change the wordng.

[tbern123]

I need to ring the Court tomorrow. Cabot were supposed to have filed an served their new defence by 9th April. I haven't heard anything from the Court yet.

 

I completed an A&Q for their original defence, shouldn't I have to fill one in for their new defence ?

[elizabeth1]

I need to ring the Court tomorrow. Cabot were supposed to have filed an served their new defence by 9th April. I haven't heard anything from the Court yet.

 

I completed an A&Q for their original defence, shouldn't I have to fill one in for their new defence ?

 

 

Tbern Court will forward a copy of their new defence to you if you phopne and ask for it etc..

 

Very often companies will "tick the box" telling court they already sent this copy to you already and they simply "forget" to send it to you

 

The court clerk will be able to tell you when papers will be in front of the judge to gain further "directions" and you'll hear then what is expected next etc.. - BUT DO ask for a copy of their defence in the meantime - so you know what is being said prior to the next steps.

 

(Blimey guys - isn't this a learning curve? 6 Months ago I'd not have had a clue about this stuff - now I know this stuff ?? WOW!! we are learning fast in here?)