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

[tamadus]

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

 

'Without Prejudice' means that neither side can produce the letter or any part of it as evidence in court.

 

It's nigh on impossible to prove the contents of any letter sent in the mail, all you can do is prove a letter was delivered on a certain date. Email may be better if you want to prove the contents but even that is flawed.

[debt_mountain]

Tbern

 

You have been toooo quite lately, what are you brewing up?

 

 

I have been doing some more reading and found an OFT document http://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf

 

in section 2.8 it says

 

 

f. passing on debtor details to debt management companies without the debtors' informed prior consent

Not sure what power this document has but another useful source of info for our pals, a lot of other nuggetrs in here too. Proving the debt before chasing etc.

[fagashlil]

Thanks tamadus for your reply.

 

Lil.

[tbern123]

Sorry everyone been really busy with work and getting Natwest to refund my charges.

 

 

Anyway, as tamadus said

 

'Without Prejudice' means that neither side can produce the letter or any part of it as evidence in court.

 

But the facts I quote in my letters can be used in any possible court case. I.e their failure to comply with a 3 CCA requests, an imporperly executed agreement etc.... I also have the added bonus that their letters are not without prdeejudice and they have made some frankly shocking confessions.

 

I have sent all my correspondence to them via email, it is quick and you can show when they received it and when they actually read it. Might not be admissible in court but you can still show it to the OFT and TS.

 

Anyway, back to my friends at CABOT... Since my last email to them, I have not heard anything... No phone calls and no letters. My guess is they are just playing for time... This is fine with me, they can take as much time as they like. They have alreadly failed to comply with my CCA request and they can't now get Barclaycard to sign the agreement as they have provided me with a copy of the unsigned agreement.

 

I have contacted the ICO and TS, waiting for them both to get back to me. I have also contacted the CRA's asking how one company can register information for another company.

 

Once, I get the responses back... I will decide my next move...

[GSMGuy]

What a thread!

 

Superb, will be watching with interest, as have just received a letter from Cabot over my Barclaycard account.... NIce of them to let me know lol..

 

Mike

[tbern123]

What a thread!

 

Superb, will be watching with interest, as have just received a letter from Cabot over my Barclaycard account.... NIce of them to let me know lol..

 

Mike

 

 

Hello Mike, make sure you start a thread about this..... Make sure you CCA and get a copy of your Barclaycard agreement just in case it is like mine and not signed by Barclaycard.....

[GSMGuy]

Thanks,

 

Will do..

 

Mike

[tbern123]

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

 

I received this response today... Me thinks someone has missed the whole point...

 

From: CreditExpert

 

To: tbern123

 

Subject: EMR1414711X

 

 

 

Our Ref: AIH/40823010/PC

 

 

Dear tbern123

 

 

Thank you for your email, which we received on 26 November 2006.

 

 

I note your comments and I would advise that Kings Hill (No1) Ltd and Cabot Financial (Europe) Ltd are part of the same company. The contact details we have for Kings Hill is the Cabot address as stated in our previous letter.

 

 

Kind regards

 

 

 

 

Mr Alan I Hirst

 

Consumer Services Officer

 

CreditExpert

I'll send them a response tomorrow......

[Rhia]

I SAR'd Kingshill and have received zilch and have started action with Information Commissioner on advice of South East Trading Standards. Cabot returned my cheque saying they had already received a payment. Yes they had for info from Cabot. So it was my Kings Hill cheque they had not banked. Presumably so they could say well we're the same company. They just aren't they are two separate companies. Had long converstaion with two different Trading Standards officers and the last one in particular urged me to complain to the Info Comm and said their tactics is of some concern. he also advised anyone with similar problems to complain to them even though they may not act they need to build up a case.

The whole Cabot saga stinks like a pile of rotten kippers.

I have also just discovered that the "thing" they have been trying to tell me is my credit agreement is only the application form so another interesting angle. Debt Mountain I am a bit too far away from Morpeth for your court case but with you all the way...

[wulfinuk]

Please don't flame me for this, but I actually work for Cabot Financial and can tell you that Cabot and Kingshill Limited 1 are the same company. The reason for Cabot also being called Kingshill Limited 1 is because that is the estate that Cabot Financial are based on.

Please note this is not official company policy and I am only posting this as my own personal point of view

[Guest The Terminator]

Please don't flame me for this, but I actually work for Cabot Financial and can tell you that Cabot and Kingshill Limited 1 are the same company. The reason for Cabot also being called Kingshill Limited 1 is because that is the estate that Cabot Financial are based on.

Please note this is not official company policy and I am only posting this as my own personal point of view

 

Firstly thanks for being honest many people repect that.What I would like to know is how are many of the DCA's getting away with being dorment companies when in fact they are trading. Are wetalking here of some sort of tax fraud for example away around Corporation Tax and let's face it if you follow the audit trail it always leads back to a bank:)

[tamadus]

Please don't flame me for this, but I actually work for Cabot Financial and can tell you that Cabot and Kingshill Limited 1 are the same company. The reason for Cabot also being called Kingshill Limited 1 is because that is the estate that Cabot Financial are based on.

Please note this is not official company policy and I am only posting this as my own personal point of view

 

I'm not flaming you wulfinuk but according to Companies house Cabot Financial (Europe) Limited ( company number 03439445) and Kings Hill (No1) Ltd ( company number 03757424) are seperately registered companies operating from the same address.

 

They are totally seperate companies with seperate data controllers as far as the legalities are concerned whatever you have been told.

[tamadus]

I S.A.R - (Subject Access Request)'d Kingshill and have received zilch and have started action with Information Commissioner on advice of South East Trading Standards. Cabot returned my cheque saying they had already received a payment. Yes they had for info from Cabot. So it was my Kings Hill cheque they had not banked. Presumably so they could say well we're the same company. They just aren't they are two separate companies. Had long converstaion with two different Trading Standards officers and the last one in particular urged me to complain to the Info Comm and said their tactics is of some concern. he also advised anyone with similar problems to complain to them even though they may not act they need to build up a case.

The whole Cabot saga stinks like a pile of rotten kippers.

I have also just discovered that the "thing" they have been trying to tell me is my credit agreement is only the application form so another interesting angle. Debt Mountain I am a bit too far away from Morpeth for your court case but with you all the way...

 

Asset Link is another very similar set up. Maybe it's time to get some pegs for our noses:D

[andrew1]

Please don't flame me for this, but I actually work for Cabot Financial and can tell you that Cabot and Kingshill Limited 1 are the same company. The reason for Cabot also being called Kingshill Limited 1 is because that is the estate that Cabot Financial are based on.

Please note this is not official company policy and I am only posting this as my own personal point of view

 

Thank you for coming on - line. As you may have read, there are a number of questions regarding your employer many of us would like information on and Messrs Randall, Maynard and Crawford are to say the very least 'interesting characters'.

 

I'm afraid you seem to have been shrouded in the illusion most staff of Cabot have that it's all the same company - something Trading Standards and the Information Commissioner find interesting too - The Cabot empire consists of 15 companies probably more. Cabot Financial (Europe) Limited - who I presume is your employer is owned by a company called Cabot Financial Debt Recovery Services Limited and that company also owns Kingshill No1 Limited. All 3 are seperate Limited companies and so are all the others. If you would care to pm your email address I'll send you all the share certificates outlining the whole group and who owns who, but my friend Tadamus is absolutely correct, although they are not trading through Dormant companies from what I can see, they are all trading seperatly. We can enlighten you.

 

I think before you can answer our concerns and throw light onto their actions you might like to familiarise yourself with our threads and try piecing the jigsaw together because you may, unwittingly and totally innocently be being lured by your masters into all sorts of criminal activities ( not robbing banks of course, but breaking laws which they have taken for granted as being okay because nobody on the outside world knew about them - until tbern, me, debt mountain and a number of others started digging).

 

We really do appreciate you coming on here and whilst it's late just now, I hope you'll come back and help us out a bit later. Perhaps if we put some questions forward you won't take anything personnaly and maybe you'll put some meat on some of our thoughts. Some might get a tad angry at times but please forgive that and take this in good faith that all we want to do is protect the innocent and find our way to better practices which, if you think about it will help companies like Cabot in the long run actually provide a service of quality rather than pick up the reputation it has in the debt purchase market.

 

Thanks again and we'll speak again soon.

[tamadus]

 

but my friend Tadamus is absolutely correct, although they are not trading through Dormant companies from what I can see, they are all trading seperatly. We can enlighten you.

 

 

quote]

 

 

Companies House does show some Cabot companies as being dormant. It also shows an almost identical set-up for the Asset Link group of companies. Again with several sitting 'dormant'

 

I'll be starting a thread concerning this crowd at Asset Link just as soon as the final pieces slot into place. I'll leave you lot to Cabet and co. I have a personal interest in Asset Link, and it won't go away until they do

[andrew1]

 

but my friend Tadamus is absolutely correct, although they are not trading through Dormant companies from what I can see, they are all trading seperatly. We can enlighten you.

 

 

quote]

 

 

Companies House does show some Cabot companies as being dormant. It also shows an almost identical set-up for the Asset Link group of companies. Again with several sitting 'dormant'

 

I'll be starting a thread concerning this crowd at Asset Link just as soon as the final pieces slot into place. I'll leave you lot to Cabet and co. I have a personal interest in Asset Link, and it won't go away until they do

 

Okay, okay, Tamadus - give me a break - look at the time I posted !

 

actually, with regard to Dormant co's in Cabot lot, you are right, there are dormant ones there although the implication was that they were trading using those names and I had no evidence of that. What our uncovering has done though is made the Information Commissioner and Trading Standards question the Data Protection Act issues of passing data from one to another without our permission and if you are finding that with Asset Link too many comparrisons can be made. I haven't looked into asset Link, but is there any connection between to 2 companies? Directors ?

 

Keep up the good fight my friend, we are all behind you.

[tamadus]

 

Okay, okay, Tamadus - give me a break - look at the time I posted !

 

actually, with regard to Dormant co's in Cabot lot, you are right, there are dormant ones there although the implication was that they were trading using those names and I had no evidence of that. What our uncovering has done though is made the Information Commissioner and Trading Standards question the Data Protection Act issues of passing data from one to another without our permission and if you are finding that with Asset Link too many comparrisons can be made. I haven't looked into asset Link, but is there any connection between to 2 companies? Directors ?

 

Keep up the good fight my friend, we are all behind you.

 

No problem Andrew I was razzing you

 

I have a list of directors for Asset Link (apart from one who has a benificial interest held by some trust company, so he/she/they are trying to remain hidden.

 

If you can PM me the list of Cabot directors to save me looking them up I'll let you know if any match up.

 

I did notice that Asset Link use our dear old friends DLA Piper as their firm of solicitors though, along with several other banking concerns.

[Guest The Terminator]

 

No problem Andrew I was razzing you

 

I have a list of directors for Asset Link (apart from one who has a benificial interest held by some trust company, so he/she/they are trying to remain hidden.

 

If you can PM me the list of Cabot directors to save me looking them up I'll let you know if any match up.

 

I did notice that Asset Link use our dear old friends DLA Piper as their firm of solicitors though, along with several other banking concerns.

 

If thats DLA Piper Ltd than there another dormant company

[tamadus]

DLA Piper Rudnick Gray Cary

[Guest The Terminator]

DLA Piper Rudnick Gray Cary

 

TName & Registered Office:

DLA PIPER RUDNICK GRAY CARY LIMITED

1 ST PAULS PLACE

SHEFFIELD

S1 2JX

Company No. 05415039

 

Status: Active

Date of Incorporation: 06/04/2005

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

9999 - Dormant Company

Accounting Reference Date: 30/04

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due: 06/02/2007

Last Return Made Up To: 06/04/2006

Next Return Due: 04/05/2007

Last Members List: 06/04/2006

Previous Names:Date of changePrevious Name18/05/2005BROOMCO (3772) LIMITEDBranch Details There are no branches associated with this company.Oversea Company Info There are no Oversea Details associated with this companythey changed their name this year

[tbern123]

I have computer problems, but now I am back... Wulf thanks for your comments and welcome to CAG, all comments are useful..

 

As previously stated though, Cabot and Kingshill are seperate companies, I appreciate your comments in relation to Cabot being on a Trading estate called Kinghill, but just for example the former Woolwich head office is in Bexleyheath but they did not feel the need to open a seperate company called Bexleyheath....

 

Any insight you can shed on Cabot would be very welcome... Merry Xmas P.S can you tell you colleagues to hurry up with their response to my complaint...

 

Many Thanks

[andrew1]

welcome back tbern - I was beginning to think you'd found a job at Cabot !

[tbern123]

lol no chance......

 

I was busy with work then had pc problems... Only now have I had time to get it sorted..

 

Anyway.... in relation to the thread.. Cabot have not responded to me at all, no letters, no emails and no telephone calls.... Obviously they have playing for time.......

 

In the new year, I am going to step things up a gear and start putting some pressure on them... I am have a really good feeling about 2007

[wulfinuk]

I have computer problems, but now I am back... Wulf thanks for your comments and welcome to CAG, all comments are useful..

 

As previously stated though, Cabot and Kingshill are seperate companies, I appreciate your comments in relation to Cabot being on a Trading estate called Kinghill, but just for example the former Woolwich head office is in Bexleyheath but they did not feel the need to open a seperate company called Bexleyheath....

 

Any insight you can shed on Cabot would be very welcome... Merry Xmas P.S can you tell you colleagues to hurry up with their response to my complaint...

 

Many Thanks

Thanx everyone for your kind comments. Its nice to go on a board and not be flamed for admitting who you are.

Tbern, not much I can do about hurrying the process along as I don't work down in the customer relations department. They take long enough to answer our queries let alone comments and problems from customers..

I'm not sure how much insight I can give to Cabot apart from the fact they are a good company to work for and they treat their employees very well (did I mention they gave me xmas bonus:-D ) but if you want to ask any questions I'll see what I can do about answering themk for you

Merry christmas everyone

Wulfinuk

[andrew1]

You're welcome wulfinuk, this forums about helping everyone, if we shot down anyone from within the banks or institutions half the forum would be dead ! The first question I would like to pass your way is whether you are aware of the difference between the companies there. Kingshill No1 Ltd predominates the Defaulting process and buying the debt but according to anything found in the public domain Kingshill No1 Ltd don't have staff, don't answer letters and no one down there in West Malling seems to have heard anything about them except as the name of the estate and a school. Do you know if it even supports a telephone?

 

Also, which company of the fifteen odd companies in the so called ' Cabot Group' ( and I mean it's full name), actually employs everyone?