Jump to content


  • Tweets

  • Posts

    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
    • The airline says it is investigating reports that customers can view other passengers' personal information.View the full article
    • They are finding new ways to cut back on household spending as China’s economy loses steam.View the full article
    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
    • India has one of the world's fastest growing economies but the benefits are yet to fully reach the poorest.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

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


tbern123
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5406 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Well couldn't resist it could I? Went over the Companies House info again and cross checked the DP register and they are clearly all separate companies. With due respect to the advice given by the Information Commissioner's Office I had a conversation with them and they simply didn't get what I was talking about. However the lawyers and trdaing standards did. Once they see it set down in writing and backed up by Cos House documents etc they will see it for what it is too. Andrew1 - we all keep digging away and sharing this info if some have more time than others that's part of the democracy we're sharing. Sometimes it's just a nugget of info that can change something. By the way did you also know that Cabot are either setting up or have set up a call centre in Bradford with (I think) 200-300 jobs - just mislaid the link but will paste if I can find it. Guess they'll have our info too.

Be back tomorrow.

Link to post
Share on other sites

  • Replies 2.1k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Ok, as previoused stated. Cabot Financial (Europe) Limited have provided me with a copy of the Barclaycard agreement. However, the Authorised Barclaycard Signature has been left blank. As such this agreement was improperly executed and is unenforcable without a Court Order.

 

Based on the information, contained with the CCA 1974 and the documentation supplied by Cabot, I would also assume that it would not be possible to obtain a Court Order.

 

This information maybe helpful to others. Legal precedence has been set in relation to improperly executed credit agreements.

 

1)DIMOND v LOVELL

(1999 3WLR561; 3AER1)

Judgments - Dimond (Original Appellant and Cross-Respondent) v. Lovell (Original Respondent and Cross-Appellant)

 

HOUSE OF LORDS

Lord Browne-Wilkinson Lord Nicholls of Birkenhead

Lord Hoffmann Lord Saville of Newdigate Lord Hobhouse of Wood- borough

 

LORD HOFFMANN, stated:

My Lords,

(b) Improperly executed.

"a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner."

© Order of the court

Section 65(1) provides that an improperly executed agreement shall be enforceable only "on an order of the court."

 

LORD HOBHOUSE OF WOODBOROUGH, stated :

My Lords,

The consequence of the failure to comply with the statutory requirements is clearly spelt out in the statute. The contract cannot be legally enforced by the creditor against the debtor.

 

2)

JUDGMENT IN THE CAUSE

Wilson and others

v.

Secretary of State for Trade and Industry (Appellant)

ON

THURSDAY 10 JULY 2003

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order

 

Still thinking what to do about this though..... Any suggestions ????

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

tbern. I have downloaded all of the Annual returns of Cabot I know the share structure pre take-over in April - it will obviously be a little different now but Cabot Financial Holdings Group Ltd owns ALL shares of Cabot Financial Group Ltd who in turn own ALL shares in Cabot Financial Debt Recovery Services Ltd. Kingshill No1 Ltd and Cabot Financial Europe Ltd are both jointly shown as subsidiaries of Cabot Financial Debt Recovery Services Ltd and the directors are all the same for the three companies.

Sarah

 

Can you email me the info you downloaded about these companies? I can PM my email address?

 

thanks

If I have helped click my scales....

 

Find my threads by clicking here

Link to post
Share on other sites

hi, i received a letter yesterday morning regarding a debt with a credit card i had over 6 years ago with providian, i was under the impression that the debt would have gone now seeing as it is over 6 years.

they are saying that they have bought the debt the amount being 700 pounds. my limit was only 150. any advice please. many thanks.

Link to post
Share on other sites

hi, i received a letter yesterday morning regarding a debt with a credit card i had over 6 years ago with providian, i was under the impression that the debt would have gone now seeing as it is over 6 years.

they are saying that they have bought the debt the amount being 700 pounds. my limit was only 150. any advice please. many thanks.

 

Hallo Happy33, Firstly I'm sure there's loads here to help you although have you a thread running on this? Maybe you might think about starting a seperate one so we can follow it through it's paces. Post the link on here and we'll tap in.

 

Secondly, was this a Cabot letter/debt by any chance? The 6 year rule relates to the Statute of Limitation and unless you have had communication about it within that 6 yrs it would be statute barred.

 

What I would suggest is writing stating that you do not acknowledge any debt to them and send the CCA letter:

 

Dear Sirs,

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

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

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours Faithfully

 

Happy33 & don't forget to include the £1 Postal Order

 

as I say, start a thread and we'll follow you through it.

  • Haha 1
Link to post
Share on other sites

I got a response from Experian today, in relation to a default registered by Kings Hill (No1) Ltd.

 

The letter states that Experian has had a response from Cabot Financial (Europe) Ltd and that they can't agree to remove this default at this time. The account is currently under investigation..

 

What in the hell does this have to do with Cabot Financial (Europe) Ltd. The default is not in their name and I am sure they can't put defaults on peoples credit files for other companies... :-x

 

This is really starting to annoy me, all this cloak and daggers........

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

This is where the fun's going to start tbern. Debtmountain (or was it you?) has already established that the data controller is registered as Kingshill No1 Ltd. Now I haven't been speaking to the Information Commissioner as you two have but I would be very interested in establishing exactly WHO gets registered as the Data Controller. Is it the Company name or is it an individual? If it is an individual which it should be IMO then The Cabot empire are passing information around the group. Think of The Message Service Ltd. in Rugby a company not listed in the Cabot Financial Holdings Group Ltd with Companies house and credit search companies like I have access to, but listed at companies House as a wholly owned subsidiary of Cabot Financial Debt Recovery Services Ltd. as is Cabot Financial(Europe )Ltd and Kingshill No1 Ltd.

 

I think some very serious questions need to be asked as to what actually constitutes the Data Controller and the Data Processor then apply this by way of question to the Information Commissioner to clarify EXACTLY what the laws state in relation to this blatant smoke screen which allows this to happen.

 

Kingshill No1 Ltd have not written back to me yet despite a deadline I gave to explain who Kingshill No1 Ltd are in relation to a default they registered against me. I will be pressing for an answer to that but I'd have prefered to have had a letter back from Kinsghill with an answer first.

 

I am still strongly of the opinion that each company is a seperate legal entity DESPITE their group shannanaghans and structure. There are far too many active companies for there to be only one data controller for the lot.

 

If you don't wish to speak again to the Information Commissioner let me know because I will take it up.

Link to post
Share on other sites

Thanks Andrew1,

 

I think it is time, we had something in writing from the Information Commissioners Office. I have just submitted this via their online query service:

 

Dear Sir / Madam,

 

Can you please confirm if the following two companies are allowed to share personal data between them as defined by the Data Protection Act 1988, without the expressed permission of a Data Subject

 

Registration Number: Z5415234

Data Controller: CABOT FINANCIAL (EUROPE) LIMITED

 

Registration Number: Z7064593

Data Controller: KINGS HILL (NO 1) LIMITED

 

Can you also please clarify:

 

1) If Cabot Financial (Europe) Ltd are the Data Controller for Kingshill (No1) Ltd or are they totally separate and distinct Data Controllers.

 

2) If I made a request under the Data Protection Act for details of the information relating to me held by Kingshill (No1) Ltd, can Cabot Financial (Europe) Ltd provide this information?

 

I thank you for your time and assistance in relation to this matter.

 

 

When I spoke to them on the phone I didn't name names, so it was all in theory... So let's see what the ICO say now

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

Just one more thing...

 

Cabot Financial Debt Recovery Services Ltd, are not registered with the Information Commissioners Office to process personal data.....

 

If you do a search under the address for CABOT the only companies that can process personal data are:

 

CABOT FINANCIAL (EUROPE) LIMITED

FINANCIAL INVESTIGATIONS AND RECOVERIES (EUROPE) LIMITED

KINGS HILL (NO 1) LIMITED

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

If you look at the Information Commissioners Office listing for each company it states:

 

 

 

 

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Business associates and other professional advisers

:o Other companies in the same group as the data controller

Suppliers, providers of goods or services

Credit reference agencies

Debt collection and tracing agencies

Traders in personal data

Central Government

Courts / Tribunals

:x

I can't find the relevant section in the 1984 Act, does anyone know, if this means that they can share personal data ?

On another note, this might make you smile

 

Hounded for repayment of someone else’s debt - Money - Times Online

 

On this one, go half way down the page

 

Reality? This has to be fiction | This is Money

 

Take a look at page 5, don't you almost feel sorry for them

 

http://www.callcredit.co.uk/download/creditlines12.pdf

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

I too am awaiting any contact at all from King's Hill No 1. I agree we should each run this past the Information Commissioner. I guess your letter online will test the water. I am just fed up with all the smoke and mirrors with these people.

Link to post
Share on other sites

I know what you mean Rhia....

 

Have you tried doing a uk google search on Kings Hill (No1) ????

 

Kings Hill (No1) - Google Search

 

My thread comes in a number 3 and yours is number 4, so anyone researching this company is going to see the bad press we are generating :lol:

 

Here are some more Cabot / Kings Hill threads...

 

 

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/31824-debt_mountain-cabot.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/41997-cabot-kingshill.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/45692-cabot-kingshill-no1.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/44565-cabot-citibank-help.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/42264-cabot-financial-cca-charges.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/other-institutions/44279-darling-cabot-financial.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/other-institutions/33077-saxon-providian-cc.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/41497-debt-grow-1000-month.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/general/19026-cabot.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/other-institutions/34538-citicard-cabot-kingshill-all.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/other-institutions/18364-cabot-i-want-do.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/25238-barclaycard-cabot-mackenzie-hall.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/36595-hairyman-cabot-financial.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/other-institutions/11229-cabot-financial.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/39494-cabot-advice-please.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/other-institutions/36512-refund-sent-cabot-not.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/other-institutions/18141-cabot-financial-telephone-harassment.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/other-institutions/19823-cabot.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/27345-cabot-again.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/3525-debt-collection-agencies.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/barclaycard/17889-3-000k-barclaycard.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/general/16888-caboot-bought-debts.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/barclaycard/7389-barclaycard-sold-debt-cabot.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/47153-cabot-subject-data-request.html?highlight=cabot

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/47737-cabot-kings-hill-no.html

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/33320-no-more-calls-cabot.html

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

just subbing into this thread as I am having a similar problem withlink Financial. Anyone know anything about this crowd of muppets as they seem very similar to Cabot. I'll be starting a new thread tomorrow.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

Yeah yeah, I know but I couldn't resist sending another fan letter.....

 

 

Ms Pratt

Kings Hill (No.1) Limited

10 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4LT

 

Dear Ms Pratt

 

Thank you for your letter of 9 November 2006. Please accept my sincere apologies for the delay in providing you with a written response.

 

I have reviewed your latest correspondence and I have noted your comments in relation to each account, the information you have previously provided and your confidence that Cabot have not breached any legislative requirements. Following my review of your letter, I would like to respond in detail to the issues you have raised.

 

Initially I would like to apologise on behalf of Cabot Financial (Europe) Limited (Cabot) for the upset and inconvenience this matter has caused

 

Thank you, for your apologies they are very much appreciated. However, you will note my email of 5thNovember 2006 was addressed to Kings Hill (No1) Ltd not Cabot Financial (Europe) Ltd. As I had previously expected, I now require a response from Kings Hill (No1) Ltd.

 

I note from our records that we have complied with your email request for further information and for all communication to be in writing

 

Sadly, this is not the case. My original Consumer Credit Act request was made over two months ago and I have still not been provided with a copy of the HSBC agreement, which is an offence as defined under sections 77 & 78 of the Consumer Credit Act.

 

On 12 September 2006 you were advised by our Customer Relations Department that the additional information you required from each of the creditors might take some weeks to retrieve.

 

Sadly, this is also not the case. I was not advised until 29th September 2006 in three letters sent by Ms Emma Robertson (copies can be provided)

 

I can confirm that we are not the originator of the debts and are reliant on the retrieval of the information from each of the creditors. You have stated under the Credit Consumer Act sections 1974 and 78 that as we have not supplied copies of the original agreements within the appointed time and therefore the default cannot be enforced. Cabot has sought the advice from Trading Standards who have confirmed this does not apply to us, as we were not the creditor and the accounts have defaulted.

 

I have also referred this matter to Trading Standards and their advice is very different to the above. You are correct Cabot Financial (Europe) Limited are not and never have been the "creditor". However Kings Hill (No1) are the creditor. As stated in the Consumer Credit Act 1974:

 

189. Definitions

"Creditor" means the person providing credit under a credit consumer agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit, includes the prospective creditor'

 

As previously confirmed, these three alleged debts were sold to kings Hill (No1) Ltd, thus they legally became the "creditor".

 

You state that we do not have your consent to disclose information to a third party unless we are legally entitled to do so. Under the terms of the credit agreement (which you do not deny signing) for HSBC, The Bank of Scotland and Barclaycard you gave your authority for each account to be passed to a third party. You feel that Cabot Financial is a third party but as advised at the beginning of this letter Kings Hill (No1) is part of the Cabot Financial Group.

 

I was disturbed to read the inconsistencies and mistakes contained with in this particular paragraph.

 

1)As confirmed via email on 31st October 2006 by Ms Justine Horton, Team Leader, Customer Services Department:

 

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

 

It was only assumed that my permission had been given, before my personal data (as defined by the Data Protection Act 1998) was processed, you had no confirmation that my permission had been given.

 

Furthermore, to date you have been unable to supply me with a copy of the HSBC credit agreement, so it can only still be assumed that my permission was given to process my personal data in relation to this account.

 

If Kings Hill (No1) Ltd, had obtained a copy of the Barclaycard agreement before processing my personal data, they would have noted that this agreement has been improperly executed and is not enforceable without a Court Order. Until such a time a Court Order has been given the terms and conditions of that agreement are void.

 

In relation to your statement:

You feel that Cabot Financial is a third party but as advised at the beginning of this letter Kings Hill (No1) is part of the Cabot Financial Group.?

 

I am sorry for any confusion. I feel that Cabot Financial (Europe) Ltd is a third party not Cabot Financial Group. According to Companies House Cabot Financial (Europe) Limited and Kings Hill (No.1) are both Limited companies. Please also note that both are of these companies are registered separately with the Information Commissioner?s Office as being different Data Controllers.

 

In relation to Kings Hill (No1) Ltd, being part of Cabot Financial Group, I find this hard to understand as also according to Companies House Cabot Financial Group, have only been in existence since 21stJune 2006. Prior to this date it was known as Pall Mall Finance Holdings Limited. I am sure that the use of various subsidiary companies is not designed to cause confusion.

 

We are confident that we have not breached any of the legislative requirements you refer to in your letter.

 

I am not surprised that you were unable to confirm that numerous criminal offences have been committed and that my rights have been breached.

 

I would now like to take this opportunity to clarify the current situation in relation to the three alleged debts.

 

Firstly, I would like to draw your attention to the Barclaycard credit agreement. Especially to the signature box, you will note that this has not been signed by an Authorised Barclaycard Signature and the space has been left blank. I am sure that I do not have to remind you of the implications of an improperly executed credit agreement.

 

For the sake of argument and to prevent any further confusion, I will set legal precedent:

 

DIMOND v LOVELL

(1999 3WLR561; 3AER1)

Judgments - Dimond (Original Appellant and Cross-Respondent) v. Lovell (Original Respondent and Cross-Appellant)

 

HOUSE OF LORDS

Lord Browne-Wilkinson Lord Nicholls of Birkenhead

Lord Hoffmann Lord Saville of Newdigate Lord Hobhouse of Wood- borough

 

LORD HOFFMANN, stated:

My Lords,

(b) Improperly executed.

"a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner."

© Order of the court

Section 65(1) provides that an improperly executed agreement shall be enforceable only "on an order of the court."

 

LORD HOBHOUSE OF WOODBOROUGH, stated :

My Lords,

The consequence of the failure to comply with the statutory requirements is clearly spelt out in the statute. The contract cannot be legally enforced by the creditor against the debtor.

 

 

Wilson and others

v.

Secretary of State for Trade and Industry (Appellant)

ON

THURSDAY 10 JULY 2003

 

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order.

 

Taking into account that this agreement has been improperly executed and is unenforceable without a court order and that it is highly unlikely that such a court order would be given. I feel that this account should not have been sold to a Debt Collection Agency, furthermore I am not sure how you can register a default as this agreement is unenforceable.

 

 

Please remove this default from my credit file with immediate effect.

 

 

With regard to the alleged HSBC debt, as I have not been provided with a copy of this credit agreement, this debt is now also unenforceable without a Court Order.

 

In relation to the alleged Bank of Scotland debt, the information was not supplied within the time frame specified within the CCA 1974 and is unenforceable without a Court Order.

 

I have already sought legal advice and discussed the situation with the Office of Fair Trading and Trading Standards.

 

I look forward to reading your comments in relation to the improperly executed Barclaycard agreement and the default that has been registered on my credit file. I will no longer enter into further correspondence in relation to this matter.

 

Regards

  • Haha 1

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

Tbern

 

you are enjoying this a litlle too much, but it is really good sport though isn't it.

 

We have absolutley nothing to lose with these muppets.

 

I always enjoy you letters.

 

DM

 

If it was not for this site, I might be paying back two debts that I shouldn't have been so thanks CAG !!!!!!!!!!

 

I just think it is time, these companies learn that they need to shape up, the way they talk and treat people is totally unacceptable. They have had it to easy for so long.

  • Haha 1

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

That is one hell of a letter. Well done!

 

Thanks Semi, a major part of my job is writing letters..... So this is like a busmans holiday....

 

I think they are getting sick of my emails... Got this reply today

 

Dear tbern123

Thank you for your email, it has been passed to the relevant department for review.

Please note the full response may be sent direct to your postal address.

Yours sincerely,

Cabot Financial (Europe) Limited

We'll see what they come up with this time..........

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

Thanks Semi, a major part of my job is writing letters..... So this is like a busmans holiday....

 

I think they are getting sick of my emails... Got this reply today

 

Dear tbern123

Thank you for your email, it has been passed to the relevant department for review.

Please note the full response may be sent direct to your postal address.

Yours sincerely,

Cabot Financial (Europe) Limited

We'll see what they come up with this time..........

 

I would write back and say you are not prepared to correspond with a company called Cabot Financial (Europe) Ltd as you wrote to a different company altogether. They should at least have the courtesy to reply from the company which is doing all the damage. John Randall, Director & Co.Sec Kingshill (No1) Ltd !

 

 

When I write to them I'll just say " Dear Sirs, please refer to tbern and refund me my money :grin:

Link to post
Share on other sites

I would write back and say you are not prepared to correspond with a company called Cabot Financial (Europe) Ltd as you wrote to a different company altogether. They should at least have the courtesy to reply from the company which is doing all the damage. John Randall, Director & Co.Sec Kingshill (No1) Ltd !

 

 

When I write to them I'll just say " Dear Sirs, please refer to tbern and refund me my money :grin:

 

lol don't tempt me...

 

No I am a fair man, I will give them time to respond.........

 

Once the ICO has come back to me, I'll know exactly where I stand, then I can this sorted out once and for all.......

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

Sorry, guys been busy the last few days... So time for a quick update.

 

Got this from the ICO:

 

24th November 2006

Dear tbern123

Thank you for your correspondence dated 03/11/06.

The matters you have raised will be assigned to one of our casework teams and allocated to a case officer who will respond accordingly in line with our current service standards.

Should you wish to contact us about this matter please quote your case reference number:

ENQ0140575

Failure to do so may delay the processing of your request.

For further information please contact our Helpline on 01625 545745.

Yours sincerely

Sent on behalf of

Mr Paul Arnold

Senior Customer Service Manager

So I case it is a case of wait and see

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

In the mean time, I thought I would respond to Experian for clarification

 

26 November 2006

 

Credit Expert

PO BOX 7710

Nottingham

NG80 7WE

 

 

Dear Sir / Madam

 

Thank you for your recent correspondence, in relation to a default registered on my credit file by Kings Hill (No1) Ltd. You state that you have contacted Cabot Financial (Europe) Limited and they are unable to agree to remove this default from my file.

 

Can you please confirm, why you contacted Cabot Financial (Europe) Limited, when the default is registered by Kings Hill (No1) Limited.

Please can you also confirm, if one limited company can register information on a credit file, on behalf of another company even though each company is registered with the Information Commissioner's Office as a separate Data Controller. Thank you for your time and assistance in relation to this matter, I look forward to receiving your quick response to my concerns.

 

Regards

 

 

 

tbern123

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites

Forgive me if I am wrong but if you put without prejudice at the top of the letter sent by yourself this means they cannot present your sent letter in a court of law as evidence? Does this allow you to produce your own copies/ produce the originals as evidence of letters you have sent to them if you need to?

Also how would you go about proving you have sent such a letter? i.e. get post office worker to confirm & sign on a separate sheet held by yourself the contents of that sent by R/D (& give their details) prior to posting by recorded delivery

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...