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

[debt_mountain]

Have you asked these idiots for a copy of any 'Letter of Instruction' they have been given? This will clearly state who instructed them to act, the date and details as to their brief.

 

You are entitled to this information as you are the data subject, and unless two letters of instruction were made, they have some explaining to do to the Information Commissioners Office.

 

Tide

Can you explain a little more about this? thanks

[ODC]

Lets look at their website

 

 

Mission Statement

Our mission is to:

• retain our position as the UK leader in the debt purchase market.
  
• set the industry standards for others to emulate.
  
• continually improve in everything we do.
  
• embrace technology to deliver superior performance.
  
• deal with internal and external customers with professionalism, empathy and respect.
  
• embrace the benefits of opportunities provided by change.
  
• be proud of everything we do, the team we belong to and what we achieve.
  
• be the very best at everything we do.

Our Guiding Principles

Based on our guiding principles, we have established ourselves as the pre-eminent purchaser and manager of consumer credit receivables in the UK. These principles are:

• Value Creation
  The enhancement of asset value through our unique debt lifecycle methodology.
  
• Breadth of Business
  Portfolio analysis and management. Experience and capability to purchase a broad range of portfolios from live accounts through to litigation. Extensive use of our growing data warehouse to provide detailed models used in pricing and innovative collection strategies.
  
• Technological Edge
  Award-winning technology partnering pioneering business strategies.
  
• Quality Staff
  We have market-leading recruitment, training and development programmes. We pride ourselves on our loyal staff and very low staff turnover. We display a genuine passion for the business at all levels. It is our policy to keep all communication open and accessible.
  
• Financial Engineering
  Our sophisticated financial engineering maximises overall profitability and maintains full access to capital.
  
• Strict Compliance
  We ensure our detailed compliance policies are stringently enforced. We maintain dialogue with regulators and trade associations to keep “one step ahead”.
  
• Reputation for Excellence
  We boast an unrivalled reputation for professionalism. Our high standards of excellence are maintained throughout all business areas.

[lookinforinfo]

I expect you will already have found out Tbern, but certainly when claiming

damages for injury to feelings, you can add interest at the contractual rate

from the time of the hurt till the payment time.

[tbern123]

Does anyone know, how long it takes a Judge to review a case ?

 

I called the court yesterday for an update or a possible court date and they advised me that the Case was sent to the Judge for review on 18 May 2007.

 

There is nothing more they can tell me until, the Judge has completed the review.

 

So now, I can only jest sit back and wait

[debt_mountain]

Does anyone know, how long it takes a Judge to review a case ?

 

I called the court yesterday for an update or a possible court date and they advised me that the Case was sent to the Judge for review on 18 May 2007.

 

There is nothing more they can tell me until, the Judge has completed the review.

 

So now, I can only jest sit back and wait

 

that does seam a long time. I have had a few reviews that the order was written but took 10 days before it was posted. So I guess if you add 7 days of research it could be possible.

 

There is a lot of info for him to review.

[tbern123]

that does seam a long time. I have had a few reviews that the order was written but took 10 days before it was posted. So I guess if you add 7 days of research it could be possible.

 

There is a lot of info for him to review.

 

I think it is my own fault, I have raised a number of concerns in relation to their defence and I have also asked for the defence to be stuck out for about 5 different reasons.

 

The Judge must have information overload

[TideTurner]

Tbern,

 

Call the Court again, and ask if there is a limit on this. I read somewhere, that in Tom Brennan's case it could be up to 28 days. However, if another point is raised, the clock starts again. Bit like a game of Chess.

 

Tide

[tbern123]

Sorry, I have not been keeping this updated. I have been really bust with work and a few personal things.

 

Anyway, update time. Dean Spencer has gone on holiday so I sent this email to Mr Wellinghoff

 

----- Original Message ----- From: tbern123

To: [email protected]

Cc: email address removed ; [email protected] ; [email protected] ; [email protected] ; [email protected]

Sent: Sunday, June 03, 2007 5:40 PM

Subject: F.A.O Mr W Wellinghoff

 

 

 

3rd June 2007

 

 

Dear Mr Wellinghoff

 

Thank you for letter of 24th May 2007 and the enclosed cheque for £10.00. Firstly, I would like to take this opportunity to express my amazement in relation to the content of your response:

 

“Upon having reviewed the above account, I confirm that you have paid the fee for a subject access request twice. Please be advised that you should have only paid the statutory fee once in order to receive the whole file that Cabot Financial (Europe) Ltd holds and has processed on you”

 

I am offended by the insinuation that this matter is my own fault because As you are fully aware, I made two separate payments to two different Data Controllers. I can confirm that I was instructed to do this by the Information Commissioners Office. They advised me to do this as, both companies are registered as Data Controllers..

In addition, you will recall that in the Defence documentation you personally signed on 4th April 2007, you clearly state:

 

15.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 the 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) Limited.

So despite my two letters of 28th January 2007, your above admission and the three emails I subsequently sent to you personally, apparently you feel that I am the one who made a mistake. I am sure you will agree that this is not the case and I would strongly suggest that the internal communication within the Cabot Group is urgently reviewed and improved as it is clearly not fit for purpose.

 

I am disappointed and sadly not surprised that your response did not include an apology for the inconvenience caused by the Cabot Group. Regrettably this is consistent, with the patronising and self righteous belief that is continually repeated within the correspondence generated by the Cabot Group (excluding Hodsons Solicitors)

Could you please clarify, which bank account cheque 300063 was credited too. You will understand my confusion, when you consider that this particular cheque was payable to Kings Hill (No.1) Ltd. Who were at that time the this cheque was presented for payment, a dormant company. As a qualified legal professional, I am sure I do not have to remind you of the Cheques Act 1992, which states:

 

81A. 1) Where a cheque is crossed and bears across its face the words "account payee" or "a/c payee", either with or without the word "only", the cheque shall not be transferable, but shall only be valid as between the parties thereto.

 

Secondly, I would like to take this opportunity to ask for clarification in regarding your previous comments in relation to the rights, but not the duties being assigned to the Cabot Group. As stated in the Kings Hill (No.1) 'Account Sale Agreement' documentation:

 

2.11 Compliance with the Law

 

(a) In relation to this agreement , and provided the Buyer is not prevented from so doing so by any act or omission of the Seller, the Buyer agrees to at all times to conform with all requirements of all applicable laws, rules and regulations including but not limited to Consumer Credit Act 1974 (and in particular to perform , so far as the Buyer is not prevented from doing so by anything reasonably beyond it's control), all obligations imposed on the creditor for the purposes of that Act in relation to Accounts and Account Agreements and the Administration of Justice Act 1970

Surely, 'all obligations imposed on the creditor' must include the duties of the original agreement. Furthermore, I would appreciate your comments in relation to the fact that Cabot Financial (Europe) Limited is acting as the Data Controller and processing my personal data.

2.10 Operational

The Buyer shall, following the relevant Purchase Date, become the Data Controller.

Please note the wording of the agreement. The Buyer shall, it does not say the Buyer's appointed agent shall.

In summary, can you please answer the following questions in their entirety.

1. How was a cheque payable to a dormant company presented for payment, in contradiction to the Cheques Act 1992 ?
   
2. Why have you stated that the duties have not been assigned, when this is contradicted by a Sales Account Agreement signed by both Mr Maynard and Mr Crawford ?
   
3. Under what authority is Cabot Financial (Europe) Limited acting as the Data Controller, as the authority would not have been given in Account Sales Agreement ?
   

 

[tbern123]

Shock, Horror, Surprise. Mr Wellinghoff, didn't break from form and totally ignored me. So I sent this email

 

----- Original Message ----- From: tbern123

To: [email protected]

Cc: [email protected] ; email address removed ; [email protected] ; [email protected] ; [email protected] ; [email protected]

Sent: Thursday, June 14, 2007 7:44 PM

Subject: Fw: F.A.O Mr W Wellinghoff

 

 

 

 

14 June 2007

 

Dear Mr Wellinghoff

 

Further to my previous email of 3rd June 2007. I am disappointed but sadly not surprised that I have not recieved a response to my correspondance. You will do doubt agree that the lack of a response demonstrates the obstructive nature and continued contempt demonstrated by Cabot.

 

I have sent a copy of my previous email and notification of your failure to respond to the ICO. I have also sent a copy of this email to Mr Jeremy Marsh of Kent Trading Standards.

 

I look forward to your quick response to my concerns.

 

Regards

[tbern123]

I recieved a letter from the Court on Friday, the Judge has struck out my claim fro Exemplary damages but has said that I can claim for ordinary damages.

 

So I have submitted an amended claim today and I have sent the following email to Dean Spencer at Hodsons

 

----- Original Message ----- From: tbern123

To: email address removed

Cc: [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected]

Sent: Tuesday, June 19, 2007 11:33 AM

Subject: Claim 6QZ96662

 

 

 

19th June 2007

Mr Dean Spencer

Hodsons Solicitors

Dear Dean

I hope you had a nice holiday. Upon your return you will learn that my claim for Exemplary Damages as been struck out. Following the advice of the Judge, I have now amended my claim for Ordinary Damages.

I very much doubt you will be any less surprised then me, that Mr Wellinghoff on behalf of your client has chosen to ignore my two previous emails. I have now taken the liberty of informing the Court of this continued obstructive behaviour. It is a shame that after over nine months, we are no futher forward. Perhaps, if you had been involved in the begining there would not have been the need for litigation, as I have found your responses to be helpful, polite and supplied in timely fashion (unlike your clients)

I can understand their lack of response and their surprise that a internal document signed by Mr Maynard, confirms that Kings Hill (No.1) Ltd (now called Cabot Financial (UK) Ltd) should be acting as the data controller and that no rights have been passed to Cabot Financial (Europe) Ltd. This document also confirms that both the rights and duties have been passed to Kings Hill (No.1) Ltd. On this occassion, this is not open to interpretation. Please let me know if you would like a copy of the Kings Hill (No.1) Ltd Account Sales Agreement contract and I will post you a copy.

To make you aware and no doubt this will bring some relief to your client, I am going on holiday today for two weeks. Once again, I would like to take this opportunity to thank you for your own time and assistance in relation to this matter. Please find below a breakdown of my claim fro Ordinary Damages:

Costs Incurred

£10.00 Subject Access Request (to Cabot Financial (Europe) Ltd

£10.00 Subject Access Request (to HSBC Bank)

£35.94 Six months membership to Credit Expert, (to check my credit file @ £5.99 per month)

£50.00 Miscellaneous costs (electricity, sundries and postage for the last 9 months)

£50.00 Court Costs

Total costs £155.94

In addition to the above costs, I would ask the Court to consider financial recompense for my own personal time, in trying to resolve this matter. I would ask the Court to take into consideration, that the Defendant has previously admitted that they did not take any action to verify the existence of the Debt before contacting the claimant. The Financial Ombudsman Service, recommend financial recompense of the equivalent of £10.00 per hour for the personal time take to resolve complaints.

I first contacted the Defendant on 8th September 2006.

21 Days September 2006

31 Days October 2006

30 Days November 2006

31 Days December 2006

31 Days January 2007

28 Days February 2007

31 Days March 2007

30 Days April 2007

31 Days May 2007

Total Days: 264

On average I have spent, at least half an hour per day, researching the CCA 1974, the DPA 1998, the Debt Collection Industry and the Defendant. Taking into consideration the guidelines of the Financial Ombudsman Service, I would be entitled to £1,320.00. However, I personally feel this figure is unrealistic. I feel £350.00 is a fairer and more justifiable amount.

Total claim

Costs: £155.94

Time: £350.00

Total £505.94.

Regards

[tbern123]

And on that note people, I will see you all in two weeks,

 

Keep up the fight and don't let the bar stewards get you down

[Seahorse]

Happy Hols, TBern. A Well Deserved rest.

[Seahorse]

Oh, by the way. When you get back, we'll probably have a nice new email addy for you.

[elizabeth1]

Tbern - have a great holiday

[ODC]

Enjoy the break Tbern. Bet WW will pay for an extra couple of weeks for you if you ask him nicely. Dont forget to send WW a nice card.

[Rhia]

Bon voyage...we'll keep you in the loop. Hope we have stuff to tell by the time you return.

[andrew1]

Who wants a bet on the number of emails in tberns inbox when he gets back? :D

[Seahorse]

Poor guy. I'll bet most will be from you anyway Sarah.

 

If nothing else, at least our wee hidey hole kept the old inox fairly clear. Now all I seem to do is batter emails out in reply to you lot.

[lookinforinfo]

Just to let you know that while you have been holidaying, your friend MR Maynard has been busy penning the odd article or two. I picked this one up from another thread started by Pmcfhc where Mr Maynard states that

Westcot are owned by Equifax. No conflicts of interest there then.

 

He then goes on to state that "Everyone is much more professional today, compared with the industrys former grubby image". What planet is he on?

 

He also gives breakdowns on how much debts are bought for.

 

 

 

Untitled

[ODC]

Westcot are owned by Equifax. No conflicts of interest there then.

 

He then goes on to state that "Everyone is much more professional today,

 

That is very interesting especially to anyone who has had a default registered by Westcrap with their parent company. (Wonder if they were married at the time). It explains Experians apparent reluctance to remove alleged DEFAULTS preferring to beleive a DCA over an apparent rogue debtor.. Im sure this will give Kennyparkroad a bit more ammuinition in his fight against Equifax regarding a default imposed by Littlewoods for a disputed debt.

 

To say the industry is more professional today is an absolute joke. What on earth is professional about phoning someone 15 times a say threatening bankruptcy on a sub £750 debt, issuing court summonses that you have neither the evidence or intention to bring before a court, threatening to send the balliffs round in two hours. Professional my arse.

[joesoap]

Just to let you know that while you have been holidaying, your friend MR Maynard has been busy penning the odd article or two. I picked this one up from another thread started by Pmcfhc where Mr Maynard states that

Westcot are owned by Equifax. No conflicts of interest there then.

 

He then goes on to state that "Everyone is much more professional today, compared with the industrys former grubby image". What planet is he on?

 

He also gives breakdowns on how much debts are bought for.

 

 

 

Untitled

 

There's something not right here; think I'll write to my MP regarding the conflict of interest issue.

[ODC]

There's something not right here; think I'll write to my MP regarding the conflict of interest issue.

I wonder if the FOS would be interested:confused:

[pmhcfc]

There's something not right here; think I'll write to my MP regarding the conflict of interest issue.

 

You bet your ar*e there's a conflict of interests here...

[KMC Towers]

Befre you go writing to anyone, check your sources as I do not believe this to be true. I maybe wrong, but check it first. Don't say I didn't warn you.

[elizabeth1]

He then goes on to state that "Everyone is much more professional today, compared with the industrys former grubby image". What planet is he on?

 

He also gives breakdowns on how much debts are bought for

Untitled

 

What planet is he on ???

 

 

Don't matter what planet he and his crew are on - it's too good for them where ever they are

 

 

mutter, mutter, mutter