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

[tbern123]

Ok, sent a CCA request via email to Cabot 8th September 2006. (yep a month ago)

 

I received a written response from them on Friday 6th October 2006.

 

Apprentley, I have three outstanding debts managed by them .

1) Bank of Scotland (never banked with BOS)

2) Barclaycard (account closed about 4 years ago) Don't remember any adverse

3) HSBC (never banked with HSBC)

 

It would appear that Cabot don't have any documentation relating to any of these debts !!!!! Please find a copy of the 3 standard letters they sent me in one envelope below:

 

29th September 2006

 

Dear Mr ******

 

Thank you for your email dated 8th September 2006 regarding the above referenced account.

 

We have today contacted (company name) to investigate your query, and hope to resolve this matter swiftly.

 

Although we anticipate a reply withing the next 21 days, it can take up to 8 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

 

Please find enclosed a copy of the letter previously sent to you confirming the assignment of the above debt to us from (company name). This letter constitued written notice of the assignment under section 25 of the Law of Property Act and therefore we have no need to provide a copy of the assignment deed itself.

 

We will revert back to you in due course and should you have any queries in the meantime, please contact Isabel on the above telephone number.

 

Yours Sincerley

 

Emma Robertson

Customer Relations Department

Cabot Financial (Europe) Limited.

 

Ok this is where the fun starts, I am really confused by the copies of the assignment letters sent to me by each company.

 

1) Bank of Scotland dated 27th September 2006

2) Barclaycard dated 18th September 2006

3) HSBC dated 12 September 2006

 

These are supposed to be copies of letters, I had previously been sent. However, they are all dated after I originally emailed Cabot on 8th September 2006. Furthermore, looking at the letter, it looks like Cabot printed them themselves. They are on headed paper but the signatures are computer printed not hand written. Saying that the letter from Barclaycard is not even signed.

 

It has already been a month since I first requested proof of these debts and they have now written to me stating that it may take up another 21 days.

 

Is this admission of Cabot breaking the law in relation to my request ? I thought they have 12 working days and 1 month. If so, who do I report them to ?

 

I have checked my credit file online (Experian Credit Expert, check credit rating, credit reports & file alerts - with Experian CreditExpert.co.uk) and there are no defaults for Bank of Scotland, HSBC or Barclaycard. However there are for Kings Hill (No1) Limited, which I understand is Cabot.

 

The letter from Cabot regarding the HSBC debt, states it relates to a Barclaycard account ???? I presume this is a Cabot administration error

 

How can defaults be registered by Cabot, when they don't have any documentary evidence and before I have even been written to, to advise they are dealing with any debt ?

 

Based on the correspondence they have sent me, i.e dated within the last few weeks advising me that they are dealing with these debts. Will the credit reference agencies remove these defaults from my credit file ?

[tbern123]

Sorry, another question.

 

As Cabot have been unable to, as yet provide any proof in relation to any of these debts. If I contact the Credit Reference Agencies, do you think that they would remove these defaults until such a time they have proven ?

[Turnaround]

Have a look at this thread

 

Consumer Action Group > The Bank Action Group -against unlawful charges

> Legalities

then default hell

 

This is a very long thread but full of brilliant stuff. On around page three I think it will explain what you are looking for

[tbern123]

Looks like a very interesting thread.. I have to get up in the morning for work, so I'll sit down tomorrow and have a proper read..

 

Thanks for your help, very much appreciated

[tbern123]

Further to my previous post, 12 working days and 1 month have now passed and I have not received the information I requested. So I have sent another email to the Chief Exec of Cabot

 

 

Without Prejudice

 

25 October 2006

 

Mr K Maynard

Chief Executive

Cabot Financial (Europe) Limited

PO Box 241

West Malling

Kent

ME19 4NA

 

Dear Mr Maynard

 

Further to my email sent on 8th September 2006 and the subsequent letters from Cabot dated 29th September 2006 and 16th October 2006, your refs: 1188427/Isabel, 1173130/Isabel and 1465790/Isabel. I was extremely disappointed to learn that you were not in possession of any documentation in relation to these disputed debts. Furthermore, I was very concerned to note, that the copies of correspondence from each company you provided were dated after I had made my request. Surely, as these are copies they should be dated before I made my request. I would very much appreciate your comments on this situation.

 

By not providing me with copies of certified true copies of the disputed credit agreements and statements for each account, your company has now failed to meet it's obligations under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

77 Duty to give information to debtor under fixed-sum agreement

 

(4) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled , while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

78 Duty to give information to debtor under running-account credit agreement

a) state of account, and

b) the amount, if any, currently payable under the agreement by the debtor to the creditor

 

(6) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled , while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

I understand by failing to provide me with the documentation, I requested your company has committed a criminal act. I am now of the opinion that you are unfit to hold a Consumer Credit Licence as determined by the fitness test outlined in the Consumer Credit Act 1974 (section 25).

 

25 Licence to be a fit person

(2) a) contravened any provision made by or under this Act, or by or under other enactment regulating the provision of credit to individuals or other transactions with individuals.

d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether lawful or not)

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Credit Consumer Act 1974 and therefore is a complete defence to any court claim that is issued.

 

Please note, I do not acknowledge any debt to HSBC, Bank of Scotland or Barclaycard.

 

I must insist upon the removal of any defaults entered against my name. You have 7 days to comply and confirm in writing or I will apply to my local Sheriff Court for an order to enforce compliance, together with damages at the discretion of the court. I will then be forced to make the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority aware that you have committed a criminal act.

 

I look forward to your quick response to my correspondence.

 

Yours sincerely

[andrew1]

Take a look at some of the cabot threads if you haven't already. http://www.consumeractiongroup.co.uk/forum/other-institutions/18364-cabot-i-want-do.html and Maddyroses thread 'cabot Financial'

 

You seem well into Cabot already, but take a particular note of the default scenario I have raised. You are falling for the same everyone does and I did. We just accept Kingshill No1 Ltd as being ' cabot' .

 

Cabot wrote to you no doubt saying they bought the debts, probably through Cabot Financial(Europe)Ltd but Kingshill No1 Ltd is a seperate legal entity even though it is part of Cabot Financial Holdings Group Ltd. Think about it - Cabot Financial(Europe)Ltd write telling you they own the debt and another completly different company register a default. The information Commissioner was intersted to hear about the Data Protection Act issues here - who gave who the permission to process my data to another company? and if you have a default from a company that has no title over any debt you can sue the a*****ses off them.

 

Think about consequential loss - Higher interest rates on mortgage or loans due to unlawful/illegal defaults. Someone else has put a rather large claim in for compensation based upon the pro rata financial effect of these defaults - worth thinking about?

 

I have written to Kingshill asking them why they have put a default on my account and awaiting a reply - I'll post back once I know on my thread.

[tbern123]

To be honest, I never thought of it that way before. But I suppose in laymen terms each company is effectively a seperate entity

 

This is where I get confused though...

 

As part of my request for information. Cabot Financial (Europe) Ltd sent me a letter on HSBC headed paper dated 12 Septeber 2006. (For the record never had a current account, loan or credit card with HSBC)

 

This letter states:

 

I am writing to inform you that the above account was sold by HSBC Bank plc to Kingshill No.1 Limited on 2nd May 2006. (They write to me 4 months afterwards to tell me)

This means that the effective owners of the above account are now Kingshill No.1 Limited

Kingshill No.1 Limited have appointed Cabot Financial (Europe) Limited as their servicing agent to manage you account on their behalf. All contact regarding this account should now be directed to Cabot Financial (Europe) Limited. The enclosed letter provides details of how to contactCabot Financial (Europe) Limited.

Now this is where, I get a little peed with Kingshill No.1 Limited.

 

My credit file states:

 

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

 

The contact details for Kingshill No.1 Limited according to my credit file is exactly the same address as Cabot Financial (Europe) Limited.

[debt_mountain]

Hi, its me putting in a damages claim to Cabot (defence required tomorrow or they default), I hope they don't as I quite fancing sitting face to face with them.

 

I am claiming damages caused by them sharing my data illegaly and have split the cost of my new mortgage which is higher than typical high street products, between all of the folks sharing my data illegally. Whether it be due to the contract being finished or because they did not prove they owned the debt.

 

If they default tomorrow then I go after them for every penny I have paid them and furhter damages cuased over the last 6 years.

 

Oh great joy!!!!!

[tbern123]

What recourse would I have for a company registering the same default on my credit file for the last few years ? Raised a query with Experian, but I won't hold my breath...

[andrew1]

To be honest, I never thought of it that way before. But I suppose in laymen terms each company is effectively a seperate entity

 

This is where I get confused though...

 

As part of my request for information. Cabot Financial (Europe) Ltd sent me a letter on HSBC headed paper dated 12 Septeber 2006. (For the record never had a current account, loan or credit card with HSBC)

 

This letter states:

 

I am writing to inform you that the above account was sold by HSBC Bank plc to Kingshill No.1 Limited on 2nd May 2006. (They write to me 4 months afterwards to tell me)

This means that the effective owners of the above account are now Kingshill No.1 Limited

Kingshill No.1 Limited have appointed Cabot Financial (Europe) Limited as their servicing agent to manage you account on their behalf. All contact regarding this account should now be directed to Cabot Financial (Europe) Limited. The enclosed letter provides details of how to contactCabot Financial (Europe) Limited.

Now this is where, I get a little peed with Kingshill No.1 Limited.

 

My credit file states:

 

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

 

The contact details for Kingshill No.1 Limited according to my credit file is exactly the same address as Cabot Financial (Europe) Limited.

 

 

Now THAT is interesting - never have I seen anything quite like that regarding Kingshill having bought the debt and cabot being a ' service company' employed by Kingshill. They are both in the same group of companies but I don't like what I am seeing. I'll be checking that one out. But they are totally seperate companies and effectively, service company or not, processing your data without your consent!.

 

As for the HSBC bit - I too had a letter dated the same day Cabot wrote a Cabot letter to me and enclosed in the same envelope perportedly from my bank. It was not. Itwas a Cabot print out and was obviously so. I think they must come to some kind of arrangement to send these out with the banks. However, if you never had an HSBC account of any kind I would take a copy and send it to the Company Secretary of HSBC who I am sure would be extremely interested in it.

 

I am not too sure of the ramifications for your purposes but I'd be going frigging ballistic and I'm not so sure HSBC won't be far behind me.

 

Don't quite follow your last question though.

[andrew1]

Hi, its me putting in a damages claim to Cabot (defence required tomorrow or they default), I hope they don't as I quite fancing sitting face to face with them.

 

I am claiming damages caused by them sharing my data illegaly and have split the cost of my new mortgage which is higher than typical high street products, between all of the folks sharing my data illegally. Whether it be due to the contract being finished or because they did not prove they owned the debt.

 

If they default tomorrow then I go after them for every penny I have paid them and furhter damages cuased over the last 6 years.

 

Oh great joy!!!!!

 

 

Good luck DM

[tbern123]

Ok, finally had a response from Cabot. Now what do I do... Comments please

 

I have been asked to respond to your emails of 25 and 29 October 2006 by our Chief Executive Ken Maynard

 

You have stated that you were disappointed that Cabot Financial (Europe) Limited ("Cabot") is not in possession of any documentation relating to the three accounts but, as you are aware, we are not the originators

 

When purchasing accounts we are not supplied with any documentation (i.e. copy agreements or statements of account) and therefore any requests for such have to be forwarded to the originators to be retrieved from their archives - as I am sure you can appreciate this can be a lengthy process. (could be wrong, but don't the OFT guidelines state that Debt collectors have to ensure they identify the debtor)

 

Any requests for documentation under s77 and s78 of the Consumer Credit Act 1974 still have to be forwarded to the originators and as a result it is very unlikely that the documentation can be provided within the prescribed period. Cabot is not being obstructive regarding this matter - we are reliant on the originators ( is this an admission they have commited a illegal act)

 

I have reviewed the three accounts in question and can see that we have kept you informed of our progress with this matter at all times. When your request was originally received we asked the originators of the three accounts - Barclaycard, Halifax Bank of Scotland and HSBC Bank Plc - to provide the credit agreements and statements of account. Letters were sent to you advising you of this and that it could take up to 8 weeks for the documentation to be received (True their letter did say 8 weeks.. CCA states one month)

 

We have already provided you with a copy of the Notice of Assignment for each account - these are dated after you made your request as they are representations of the originals sent.

(not true, on the contrary, their letter said: under section 25 of the Law of Property act they did not have to provide me with a copy of the assignment deed.)

 

Copies of the original agreements for the Barclaycard and Halifax Bank of Scotland accounts were forwarded to you on 16 October 2006 along with covering letters advising that the statements were unfortunately yet to be received (we have contacted the originators again today to express the urgency of this matter). (True I have received these, but I have no details relating to payments made or the current balance. I think that forms part of the CCA request)

 

We are yet to receive a copy of the agreement or statements relating to the HSBC account and I have referred this matter to my manager. (Bully for you !!! However, they have already confirmed in writing that Kingshill No1 Limited brought this debt)

 

I have now produced a statement of account relating to the period since each account was purchased - these will be forwarded to you by first class mail today. (just a tad late)

 

In view of the above we do not feel that we have acted improperly and so will not remove the defaults as you have requested. I trust this clarifies our position (So that is two fingers up to the CCA and OFT)

 

Thank you

 

Justine Horton

Team Leader

Customer Services Department

[andrew1]

Interesting - got a whole lot to digest - Ever heard the expression " got them by the short and curlies"? Will come back on this one, be interesting to see what they say to me!

 

Sarah

[tbern123]

I don't really want to go the legal route, but I don't think I have any choice.

 

As Kings Hill No1 Ltd, have put a default on my credit file it must be in relation to the HSBC account (the only one they say they own).

 

They have confirmed in writing that they have never had any paperwork and they are currently unable to obtain any paperwork from HSBC. Yet they are refusing to remove the default.... I have contacted the CRA's a couple of weeks ago, I now waiting for their response.

 

I guess the next stop will have to be the Office of Fair Trading and the Credit Services Association, which further to your other posts Andrew1, Cabot Financial (Europe) are a member of but not Kings Hill No1 Ltd... So I could be wasting my time with them

[tbern123]

Ok, I have now considered how I should respond .

 

Here is my response .

 

Dear Justine Horton

 

Thank you for your email, which I accept as your full and frank admission on behalf of Cabot of their breach of both the Office of Fair Trading Debt Collection guidelines and more importantly the Credit Consumer Act 1974. Please find below my response to the issues you have raised.

 

'You have stated that you were disappointed that Cabot Financial (Europe) Limited ("Cabot") is not in possession of any documentation relating to the three accounts but, as you are aware, we are not the originators

When purchasing accounts we are not supplied with any documentation (i.e. copy agreements or statements of account) and therefore any requests for such have to be forwarded to the originators to be retrieved from their archives - as I am sure you can appreciate this can be a lengthy process'

 

As stated in your 3 letters of 29th September 2006. These accounts have been assigned to Kings Hill No1 Ltd and not Cabot Financial (Europe) Limited (Cabot). I have checked my records and I can confirm that as a Data Subject, I have never given my formal permission to Cabot Financial (Europe) Limited (Cabot) as a Data Controller to either have access to or to process any information relating to myself. I understand that Kingshill No1 Ltd are the legal owner of the HSBC debt.

 

I would like to take this opportunity to draw your attention to the Office of Fair Trading Debt Collection Guidelines:

 

2.2 Examples of Unfair Business Practices

 

e. failing to provide debtors or creditors with information on status of debts, e.g. not providing requested balance statements when reasonably requested.

 

The Credit Consumer Act 1974 states:

 

186. Agreement with more than one creditor or owner

 

Where an actual or prospective regulated agreement has two or more creditors or owners, anything required by or under this Act to be done to, or in relation to, or by, the creditor or owner shall be effective if done to, or in relation to, or by any of them

 

As you have previously confirmed, Kings Hill No1 Ltd are the legal owners of the HSBC debt,I am sure you will agree that demonstrated by your inability to provide me with information relating to the HSBC account. Cabot are in breach of the Office of Fair Trading Debt Collection Guidelines and more seriously a criminal act has been committed under the Credit Consumer Act 1974.

 

'Any requests for documentation under s77 and s78 of the Consumer Credit Act 1974 still have to be forwarded to the originators and as a result it is very unlikely that the documentation can be provided within the prescribed period. Cabot is not being obstructive regarding this matter - we are reliant on the originators'

 

I appreciate the difficulties that Cabot may encounter in the fulfillment of it's obligations under the Credit Consumer Act 1974. However, these difficulties should be resolved by Cabot. They do not excuse the criminal act committed by your company or justify the delay.

 

'I have reviewed the three accounts in question and can see that we have kept you informed of our progress with this matter at all times. When your request was originally received we asked the originators of the three accounts - Barclaycard, Halifax Bank of Scotland and HSBC Bank Plc - to provide the credit agreements and statements of account. Letters were sent to you advising you of this and that it could take up to 8 weeks for the documentation to be received'

 

As stated within the Credit Consumer Act 1974, a time period of one month is stipulated. Cabot must obey the law, I regret that it would appear that Cabot totally disregard this important piece of legislation and decide to quote a time frame in excess of your legal obligation.

 

'We have already provided you with a copy of the Notice of Assignment for each account - these are dated after you made your request as they are representations of the originals sent'

 

I can confirm receipt of these Notice of Assignments for each account. I do not acknowledge any debt to any of these companies or to Kings Hill No1 Ltd. As they are not true copies of the originals am I led to believe that you do not even have these within your records. They may represent the originals sent but these were never received. Taking this into consideration these Notice of Assignments do not have a bearing on the way Cabot have acted.

 

'Copies of the original agreements for the Barclaycard and Halifax Bank of Scotland accounts were forwarded to you on 16 October 2006 along with covering letters advising that the statements were unfortunately yet to be received (we have contacted the originators again today to express the urgency of this matter). We are yet to receive a copy of the agreement or statements relating to the HSBC account and I have referred this matter to my manager'

 

Again, I do not acknowledge any of these debts but I can confirm receipt of the uncertified copies of these agreements. Under the Credit Consumer Act 1974, you are not only obliged to provide me with copies of agreements, so again Cabot are in breach and have committed a criminal act.

 

'I have now produced a statement of account relating to the period since each account was purchased - these will be forwarded to you by first class mail today'

 

Thank you for providing me with this information, however as this was not provided within the time frame stipulated by the Credit Consumer Act 1974, they are a little late.

 

'In view of the above we do not feel that we have acted improperly and so will not remove the defaults as you have requested. I trust this clarifies our position'

 

Would I be right to interpret the above, as Cabot do not feel that breaking the law and having total disregard for the Office of Fair Trading Guidelines and the Credit Consumer Act 1974 can be considered to be acting improperly ?

 

For clarification, please refer to the Cambridge Dictionary. For ease of reference, please find the relevant section below:

 

improper (DISHONEST)

adjective FORMAL

dishonest and against a law or a rule:

The governor has denied making improper use of state money.

 

improperly

adverb FORMAL

 

The above, would suggest that you have contradicted yourself in your response. Either Cabot have fulfilled their legal obligations in relation to my previous request or Cabot have acted improperly. I will let your superiors ponder this question.

 

As Kings Hill No1 Ltd only own a HSBC debt, I presume that this must be the same account that is shown as a default on my credit file. I understand your reluctance to remove this default. However, you have admitted:

 

1) You have never received any documentation in relation to this debt

2) You have no documentation in relation to this debt

3) You have breached the Credit Consumer Act 1974 and the Office of Fair Trading Debt Collection Guidelines.

 

As I am sure you will agree, Kings Hill No1 Ltd cannot register a default on a debt they do not own. Either, Kingshill No1. Ltd have breached my rights under the Data Protection Act and registered a Default for a debt they do not own, or a default has been registered for a debt Cabot are unable to document. I am sure, I do not have to emphasis the legal importance of evidence.

 

As previous advised in my email of 25th October 2006, you have 7 workings days from that date to remove this default from my credit file.

 

 

Cabot have until Friday 3rd November 2006 to remove this default.

 

 

If Cabot fail to meet my request I will apply to my local Sheriff Court for an order to enforce compliance, together with damages at the discretion of the court. I will then be forced to make the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority aware that you have committed a criminal act.

 

Regards

[debt_mountain]

ouch. Thats gotta hurt. Cabot (or is it Kingshill) are in for a lot of trouble. I am awaiting there defence for my damages claim by 10/11 and I am sure I will be getting in contact with you when it comes to pulling my evidence together.

 

I will start pulling this together at the weekend.

 

Hope you are having as much fun as me.

[tbern123]

Thanks Debt Mountain, please let me know how you get on...

 

Honestly speaking, my priority is just to get the default removed. If they don't do it by this Friday, I will contact everyone governing body. If the default is still not removed, I will then start legal proceedings...

 

( I am actually enjoying this. It is nice to be going after them for a change)

[debt_mountain]

 

( I am actually enjoying this. It is nice to be going after them for a change)

 

In the words of a well known dog on the Churchhill TV adverts "oh yyess"

 

My main aim is to get the defaults removed and by claiming the damages I am hoping to push them a little more than just claiming they are not providing the data.

 

From what I have read the governing bodies are very slow and some of the replies are in the favour of big business not us the individuals, so I am trying the court route.

 

We will see which way is best between us and then for any future activity like this all forum members will know which way to go.

 

It is so much fun as we are in a no loose situation. They cannot do any worse to us than they already have but it can get better, they on the other hand (DCA and CRA) are on a loosing streak. They have to resource all these additional requests and as you so clearly stated in you posts above htey are breaking the law. So at some point they will loose. Not sure what but they will.

 

I live for the postie arrinving every day to see what unfolds.

[andrew1]

 

I live for the postie arrinving every day to see what unfolds.

 

 

Me too - I'm watching very closely with my own case growing by the minute

 

There are a few of us in the Cabot fan club just now so I'm trying to link the threads so we sing our songs in harmony - youv'e surpassed yourself tbern - well done!

 

sarah

[tbern123]

Me too - I'm watching very closely with my own case growing by the minute

 

There are a few of us in the Cabot fan club just now so I'm trying to link the threads so we sing our songs in harmony - youv'e surpassed yourself tbern - well done!

 

sarah

 

Thanks, I do try lol....

 

Ok back to business got this response from Cabot today.

 

From: [email protected]

To:

Subject: RE: FW: Failure to Comply with Credit Consumer Act Regulations

 

Mr

Thank you for your email

I have noted your comments and will respond in due course

Justine Horton

Team Leader

Customer Services Department

I originally gave them until this Friday... If I get time later, I might send them another email just to gee them up a little.

[tbern123]

We will see which way is best between us and then for any future activity like this all forum members will know which way to go.

 

To keep the pressure up on Cabot, I have sent them another email:

 

Without Prejudice

 

1st November 2006

 

Cabot Financial (Europe) Ltd

Ms Justine Horton

Team Leader

Customer Services Department

 

Dear Ms Horton,

 

Thank you for the acknowledgment of my email of 31st October 2006, I am glad you have noted my comments. Whilst Cabot consider their response, I thought this would be an ideal opportunity to bring more of my concerns to your attention.

 

As you are no doubt aware Cabot Financial (Europe) Ltd is a member of the Credit Services Association. As Cabot have total disregard for the Office of Fair Trading and the Credit Consumer Act 1974, I expect that they hold the Code of Practice of the Credit Services Association in equal contempt.

 

However, I would like to draw your attention to how Cabot in addition to breaching the Office of Fair Trading Guidelines and the Credit Consumer Act 1974, have also breached the Code of Practice of the Credit Services Association. Please find below details of these additional breaches:

 

2. General Conduct

e) All members have a duty to ensure that their agents, sub-contractors and subsidiaries comply with the Association?s Code and Guidelines.

 

The relevance of the above extract will become clear in relation to the following breaches...

 

3. Legislation & Guidelines

a) Each member shall conduct its business lawfully, comply with all relevant UK legislation, regulation and judicial decisions and trade fairly and responsibly.

b) Each member shall also comply with Debt Collection Guidance as published by the Office of Fair Trading from time to time.

 

As clearly explained in my previous email, by failing to provide the information I have requested, Cabot have failed to comply with the Credit Consumer Act 1974 and appear to ignore their obligations under the Debt Collection Guidance of the Office of Fair Trading, by doing so they have also breached this Code of Practice.

 

4. Debt Collection & Default Guidelines

In attempting to carry out collection in default of payment, members of the Association should:

l) Take all possible steps to verify that the person being pursued, is in fact, the debtor.

 

As you have acknowledged in your email of 31 October 2006 'When purchasing accounts we are not supplied with any documentation (i.e. copy agreements or statements of account)' This statement can only be interpreted to mean that Cabot have not taken ANY steps to verify the identify of the debtor.

 

r) Where a debt or the sum owed is disputed, as soon as is practicable, supply information to the debtor in support of the claim. Where no information has been supplied by the creditor, obtain the required support, or failing that cease collection action.

 

I first requested this information over 51 days ago.

 

7. Complaints

IV. Complainants must be advised that one of the remedies is referral of the complaint to the Association where appropriate.

 

I would like to categorically state that Cabot, have NEVER advised me that I can refer my complaint to the Credit Services Association.

 

In summary Cabot are unable to dispute that they have broken the Credit Services Association's Code of Practice in 6 different ways, failed to meet their obligations under the Office of Fair Trading Debt Collection Guidelines and more importantly breached the Credit Consumer Act.

 

As previous stated, unless I have confirmation from Cabot by Friday 3rd November 2006 stating that the default notice applied to credit file will be removed, I will be forced to make the relevant authorities, including but not limited to Trading Standards, Credit Services Association, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman, The Financial Services Authority, My Local MP and The National Press aware that you have committed a criminal act. I will also be forced to instigate legal proceedings.

 

Please also accept this letter as my formal instruction to Cease and Desist in the processing of my data. Kings Hill No.1 Ltd may have appointed Cabot Financial (Europe) Ltd as their agent, but Kings Hill No.1 Ltd cannot give authority to a different Limited company to access and process my data without my prior consent.

 

I do not acknowledge any debt to Kings Hill No.1 Ltd or any other company they represent. I trust this email clarifies my position

 

 

Regards

[andrew1]

Bl****dy hell Tbern - you been saving this up? There's going to be a few soiled undies down in West Malling tomorrow ! :D

[tbern123]

lol..... Oh I do hope so...

 

Going by the other threads though, I doubt Cabot will care.

 

I am interested to see what there response will be though. At a guess, I think they will ignore every point I have raised and say that the default stays.

 

I already have my letters typed to be sent out on Saturday to everyone from the OFT to my MP... I am going to kick up such a stink.

 

If that does not work, I am going to go down the Debt Mountain route to court...

 

Thanks for your support though, you and the others have really motivated me to fight back.

 

 

P.S I am a nice guy really lol

[tbern123]

No response from Cabot to my email today, not even a thank you for my email.

 

Finally received the statements from Cabot. I am only guessing that the default on my credit file relates to a HSBC account as this is the only account out of the three, Cabot have said was purchased by Kings Hill No.1 Ltd. Their correspondance states the other two were aquired by them.

 

Can someone please confirm that when a DCA aquire a debt this means that they have purchased a debt or does it mean they are acting on behalf of a creditor.

 

Thanks in advance for your help

[andrew1]

'Aquired' would imply purchased. However, watch them. They say Kingshill purchased one - are Cabot Financial(Europe)Ltd writing saying they have ' aquired ' them?

 

Devils in the detail