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

[lookinforinfo]

At the risk of ending up in the same boat as Lord Levy, I would like to

recommend you all to be nominated for a CBE on the understanding that no

cash [or rep points:D] will change hands. So step forward for your awards-of

Cabot Bashers Extraordinaire. Should end up as a big club.

[whats a mook?]

yep!!! ME THINKS THEY IN PLENTY OF DUNG!!!! :D

I defecately think you're right there.

[tbern123]

I must say that I am a little disappointed with Cabot.

 

If they don't email or write to me before Saturday, I will drop my new POC down to the court Saturday afternoon... ]

[Seahorse]

Go for it. Bank fodder thinks we've dilly dallied enough

[pmhcfc]

Go for it. Bank fodder thinks we've dilly dallied enough

 

Class action ? How many people claiming at once determine a class action?

[FANTASY CHARGES]

well the americans do it like this (taken from the big thread)

 

[elizabeth1]

I must say that I am a little disappointed with Cabot.

 

If they don't email or write to me before Saturday, I will drop my new POC down to the court Saturday afternoon... ]

 

That's the spirit - like BF says - we need to show these companies they can't operate like this!!!

[tbern123]

Can people take a look at my new POC, I have to take this to the court tomorrow so that they can continue with my claim..

 

All comments and suggestions welcome

 

Statement of Facts

 

On 2nd May 2006, the Defendant, Cabot Financial (UK) Limited (previously called Kings Hill (No.1) Ltd) purchased, an account from HSBC Bank Plc. Following numerous letters and phone calls, on 8th September 2006, the claimant made a request under sections 77, 78 and 79 of the Consumer Credit 1974 for a copy of the executed credit agreement and supporting documentation to establish the validity of the alleged debt.

 

Finally on 18 December 2006, the Defendants appointed agents Cabot Financial (Europe) Ltd, confirmed that they were unable to provide any documentation in relation to this alleged debt.

 

On 28th January 2007, the Claimant made a Subject Access Request, under the Data Protection Act 1988, for details of the information held by Defendant. On 20 February 2007, the Defendants, Solicitors (Hodsons) wrote to the claimant and confirmed that they did not hold any data in relation to the Claimant.

 

The Defendant disclosed the Claimants personal data as defined by the Data Protection Act 1998 to their appointed agents Cabot Financial (Europe) Limited without the consent or knowledge of the Claimant. As confirmed in their letter of 19 February 2007, Cabot Financial (Europe) Ltd, subsequently disclosed this Data to their solicitors Hodsons and UK Changes.

 

The Defendant refutes they are the Creditor for the purpose of the Consumer Credit Act 1974. However, as confirmed by HSBC Bank Plc and subsequently by the Defendants agents Cabot Financial (Europe) Limited, the Defendant purchased the account from HSBC Bank Plc, as confirmed by section 189 of the Consumer Credit Act 1974, they became the creditor.

 

The Claimant is seeking exemplary damages, based on:

1) Defendant has committed an offence/s under the CCA 1974 s77, s78 and s97, in relation to requests made by the Claimant for documentation.

2) Defendant has committed an offence/s by the disclosure of personal data(as defined by the DPA 1988 to their appointed agent, Cabot Financial (Europe) Ltd.

3) Defendant has been unable to provide evidence of the agreement by Claimant. As such is unable to establish that Claimants consent has been given to process personal data (as defined by DPA 1998 and has committed an offence under the DPA 1988 (schedule 2. 1 The data subject has given his consent to the processing.)

4) Claimant claims compensation as detailed in the DPA 1988 (Part II, Rights of Data Subjects and Others, section 13. 1). Claimant also claims compensation for an offence/s committed by Defendant under the CCA 1974 (s.77, 78 and 97).

5) The Defendant made no attempt to establish the validity of the alleged debt, before the commencement of letters and telephone calls demanding payment.

6) Claimant seeks compensation and damages of £500. (compensation calculated using the Financial Ombudsman guidelines for awards for non-financial loss)

[tbern123]

Can people take a look at my new POC, I have to take this to the court tomorrow so that they can continue with my claim..

 

All comments and suggestions welcome

 

Statement of Facts

 

On 2nd May 2006, the Defendant, Cabot Financial (UK) Limited (previously called Kings Hill (No.1) Ltd) purchased, an account from HSBC Bank Plc. Following numerous letters and phone calls, on 8th September 2006, the claimant made a request under sections 77, 78 and 79 of the Consumer Credit 1974 for a copy of the executed credit agreement and supporting documentation to establish the validity of the alleged debt.

 

Finally on 18 December 2006, the Defendants appointed agents Cabot Financial (Europe) Ltd, confirmed that they were unable to provide any documentation in relation to this alleged debt.

 

On 28th January 2007, the Claimant made a Subject Access Request, under the Data Protection Act 1988, for details of the information held by Defendant. On 20 February 2007, the Defendants, Solicitors (Hodsons) wrote to the claimant and confirmed that they did not hold any data in relation to the Claimant.

 

The Defendant disclosed the Claimants personal data as defined by the Data Protection Act 1998 to their appointed agents Cabot Financial (Europe) Limited without the consent or knowledge of the Claimant. As confirmed in their letter of 19 February 2007, Cabot Financial (Europe) Ltd, subsequently disclosed this Data to their solicitors Hodsons and UK Changes.

 

The Defendant refutes they are the Creditor for the purpose of the Consumer Credit Act 1974. However, as confirmed by HSBC Bank Plc and subsequently by the Defendants agents Cabot Financial (Europe) Limited, the Defendant purchased the account from HSBC Bank Plc, as confirmed by section 189 of the Consumer Credit Act 1974, they became the creditor.

 

The Claimant is seeking exemplary damages, based on:

1) Defendant has committed an offence/s under the CCA 1974 s77, s78 and s97, in relation to requests made by the Claimant for documentation.

2) Defendant has committed an offence/s by the disclosure of personal data(as defined by the DPA 1988 to their appointed agent, Cabot Financial (Europe) Ltd.

3) Defendant has been unable to provide evidence of the agreement by Claimant. As such is unable to establish that Claimants consent has been given to process personal data (as defined by DPA 1998 and has committed an offence under the DPA 1988 (schedule 2. 1 The data subject has given his consent to the processing.)

4) Claimant claims compensation as detailed in the DPA 1988 (Part II, Rights of Data Subjects and Others, section 13. 1). Claimant also claims compensation for an offence/s committed by Defendant under the CCA 1974 (s.77, 78 and 97).

5) The Defendant made no attempt to establish the validity of the alleged debt, before the commencement of letters and telephone calls demanding payment.

 

6) Claimant seeks compensation and damages of £500. (compensation calculated using the Financial Ombudsman guidelines for awards for non-financial loss)

 

Would people agree if the above is compliant with CPR 16.4 ?

[pmhcfc]

On 28th January 2007, the Claimant made a Subject Access Request, under the Data Protection Act 1988 2) Defendant has committed an offence/s by the disclosure of personal data(as defined by the DPA 1988

I'm probably wrong lol, just wanted to make sure is all.

[andrew1]

Would people agree if the above is compliant with CPR 16.4 ?

 

Which is right tbern?

 

1)

On 2nd May 2006, the Defendant, Cabot Financial (UK) Limited (previously called Kings Hill (No.1) Ltd) purchased, an account from HSBC Bank Plc. Following numerous letters and phone calls, on 8th September 2006, the claimant made a request under sections 77, 78 and 79 of the Consumer Credit 1974 for a copy of the executed credit agreement and supporting documentation to establish the validity of the alleged debt.

 

2)...he Claimant is seeking exemplary damages, based on:

1) Defendant has committed an offence/s under the CCA 1974 s77, s78 and s97, in relation to requests

 

3) 4) Claimant claims compensation as detailed in the DPA 1988 (Part II, Rights of Data Subjects and Others, section 13. 1). Claimant also claims compensation for an offence/s committed by Defendant under the CCA 1974 (s.77, 78 and 97).

[tbern123]

Thanks guys.. it is s97 and DPA 1998....

 

I did proof read it honest lol

[tbern123]

On 28th January 2007, the Claimant made a Subject Access Request, under the Data Protection Act 1988 2) Defendant has committed an offence/s by the disclosure of personal data(as defined by the DPA 1988

 

I'm probably wrong lol, just wanted to make sure is all.

 

 

Nah your spot on, thanks for tnat... I havnt filled the form in yet.... I'll do that tomorrow

[InKogneeToh]

Hi tbern

 

I don't think you can claim compensation for offences committed under the CCA, i.e. non-compliance with s77/78 requests:

 

 

170 No further sanctions for breach of Act

 

(1) A breach of any requirement made (otherwise than by any court) by or under this Act shall incur no civil or criminal sanction as being such a breach, except to the extent (if any) expressly provided by or under this Act.

 

Regards, Pam

[tbern123]

Hi tbern

 

I don't think you can claim compensation for offences committed under the CCA, i.e. non-compliance with s77/78 requests:

 

 

170 No further sanctions for breach of Act

 

(1) A breach of any requirement made (otherwise than by any court) by or under this Act shall incur no civil or criminal sanction as being such a breach, except to the extent (if any) expressly provided by or under this Act.

 

Regards, Pam

 

 

Thanks Pam, I'll take that bit out

[tbern123]

ok, a few monior changes....

 

Statement of Facts

 

On 2nd May 2006, the Defendant, Cabot Financial (UK) Limited (previously called Kings Hill (No.1) Ltd) purchased, an account from HSBC Bank Plc. Following numerous letters and phone calls from the appointed agents of the Defendant, on 8th September 2006, the claimant made a request under sections 77, 78 and 97 of the Consumer Credit 1974 for a copy of the executed credit agreement and supporting documentation to establish the validity of the alleged debt.

 

On 18 December 2006, the Defendants appointed agents Cabot Financial (Europe) Ltd, confirmed that they were unable to provide any documentation in relation to this alleged debt. On 28th January 2007, the Claimant made a Subject Access Request, under the Data Protection Act 1988, for details of the information held by Defendant. On 20 February 2007, the Defendants, Solicitors (Hodsons) wrote to the claimant and confirmed that they did not hold any data in relation to the Claimant.

 

The Defendant disclosed the Claimants personal data, as defined by the Data Protection Act 1998 to their appointed agents Cabot Financial (Europe) Limited without the consent or knowledge of the Claimant. As confirmed in their letter of 19 February 2007, Cabot Financial (Europe) Ltd, subsequently disclosed this Data to their solicitors Hodsons and to UK Changes.

 

The Defendant refutes, they are the Creditor for the purpose of the Consumer Credit Act 1974. However, as confirmed by HSBC Bank Plc and subsequently by the Defendants agents Cabot Financial (Europe) Limited, the Defendant purchased the account from HSBC Bank Plc, as confirmed by section 189 of the Consumer Credit Act 1974, they became the creditor. Please refer to, UNADKAT & Co (ACCOUNTANTS) LTD And ASHOK BHARDWAJ .V. The TREASURY SOLICITOR, (by virtue of of a debt assignment, the interested party becomes the creditor).

 

The Claimant is seeking exemplary damages, in relation but not limited too:

1. The Defendant made no attempt to establish the validity of the alleged debt.
   
2. Distress caused by letters and phone calls from Defendants, agents Cabot Financial (Europe) Ltd.
   
3. Defendant has been unable to provide evidence of the agreement by Claimant. As such is unable to establish that Claimants consent had been given to process his personal data (as defined by DPA 1998 and has committed an offence under the DPA 1998 (schedule 2. 1 The data subject has given his consent to the processing.)
   
4. Defendant has committed an offence/s under the CCA 1974 s77, s78 and s97, in relation to requests made by the Claimant for documentation.
   
5. Defendant has committed an offence/s by the disclosure of personal data(as defined by the DPA 1998 to their appointed agent, Cabot Financial (Europe) Ltd.
   
6. Claimant claims compensation as detailed in the DPA 1998 (Part II, Rights of Data Subjects and Others, section 13. 1).
   
7. Claimant seeks compensation and damages of £500. (compensation calculated using the Financial Ombudsman guidelines for awards for non-financial loss)

[tbern123]

Once, I have finished with this one, it will be round two and the Barclaycard account

[InKogneeToh]

ok, a few monior changes....

 

Statement of Facts

 

On 2nd May 2006, the Defendant, Cabot Financial (UK) Limited (previously called Kings Hill (No.1) Ltd) purchased an account from HSBC Bank Plc. - Acc No.......... Following numerous letters and phone calls from the appointed agents of the Defendant, on 8th September 2006, the claimant made a request under sections 77, 78 and 97 of the Consumer Credit 1974 for a copy of the executed credit agreement and supporting documentation to establish the validity of the alleged debt.

 

On 18 December 2006, the Defendants appointed agents Cabot Financial (Europe) Ltd, confirmed that they were unable to provide any documentation in relation to this alleged debt. On 28th January 2007, the Claimant made a Subject Access Request, under the Data Protection Act 1988, for details of the information held by Defendant. On 20 February 2007, the Defendants, Solicitors (Hodsons) wrote to the claimant and confirmed that they did not hold any data in relation to the Claimant.

 

The Defendant disclosed the Claimants personal data, as defined by the Data Protection Act 1998, to their appointed agents Cabot Financial (Europe) Limited without the consent or knowledge of the Claimant. As confirmed in their letter of 19 February 2007, Cabot Financial (Europe) Ltd subsequently disclosed this Data to their solicitors Hodsons and to UK Changes.

 

The Defendant refutes that they are the Creditor for the purpose of the Consumer Credit Act 1974. However, as confirmed by HSBC Bank Plc and subsequently by the Defendants agents Cabot Financial (Europe) Limited, the Defendant purchased the account from HSBC Bank Plc and, as confirmed by section 189 of the Consumer Credit Act 1974, they therefore became the creditor. Please refer to, UNADKAT & Co (ACCOUNTANTS) LTD And ASHOK BHARDWAJ .V. The TREASURY SOLICITOR, state the full title of the judgment and the relevant paragraph number then put the quote in quotation marks.(by virtue of of a debt assignment, the interested party becomes the creditor).

 

The Claimant is seeking exemplary damages, in relation but not limited too:

1. The Defendant made no attempt to establish the validity of the alleged debt.
   
2. Distress caused by letters and phone calls from Defendants, agents Cabot Financial (Europe) Ltd.
   
3. Defendant has been unable to provide evidence of the agreement by Claimant. As such is unable to establish that Claimants consent had been given to process his personal data (as defined by DPA 1998 and has committed an offence under the DPA 1998 (schedule 2. 1 The data subject has given his consent to the processing.)
   
4. Defendant has committed an offence/s under the CCA 1974 s77, s78 and s97, in relation to requests made by the Claimant for documentation.
   
5. Defendant has committed an offence/s by the disclosure of personal data(as defined by the DPA 1998 to their appointed agent, Cabot Financial (Europe) Ltd.
   
6. Claimant claims compensation as detailed in the DPA 1998 (Part II, Rights of Data Subjects and Others, section 13. 1).
   
7. Claimant seeks compensation and damages of £500. (compensation calculated using the Financial Ombudsman guidelines for awards for non-financial loss)

 

Just a few grammatical tweaks and reminder to put in all of the judgment name, e.g. Bloggs v White 2003 CA 1737/2.

 

Judges like to have all the title so they can find the judgment easily.

 

Regards, Pam

[InKogneeToh]

Hi again

 

The bit that you need to add on to the judgment title is the reference : [2006] EWHC 2785 (Ch) (copied from the link on the Credit licence thread) and it's paragraph 2.

 

Regards, Pam

[tbern123]

Thanks Pam,

 

I am going spend a little longer looking for other cases (thanks to lookinforinfo for that site) and I will drop my papers down to the court tonight.

 

Really appreciate your help.... I would click your scales, but I did that yesterday and it won't let me do it again yet lol

[tbern123]

I have just checked my credit file, Cabot Financial (Europe) Ltd, checked my file on 20 February 2007.

 

I have made no appliction for credit with them and no time have I given them permission to check my file.

 

Please tell me, that this is not legal

[ODC]

They could be on a fishing trip. Your name may be the same as someone they are stalking or they just want more info on you prior to your impending legal action

[tbern123]

They could be on a fishing trip. Your name may be the same as someone they are stalking or they just want more info on you prior to your impending legal action

 

But can they do this without my permission ? I have just made a complaint to Experian to ask them why they have allowed them access to my personal data with our my consent

[Seahorse]

No, they damned well can't. MORE ammunition to take into court with you, methinks.

 

How can they have been so stupid????????????

 

Is tomorrow your big day?

[tbern123]

I wish it was tomorrow lol

 

The Judge has instructed me to resubmit my POC and ensure that it is complaint with CPR 16.4 (I think that is what the letter said) and for Hodsons to resubmit their defence as it was not compliant either. It have to be done tomorrow.

 

I was kind and gave Cabot the opportunity to settle without legal action, but they have chosen to ignore my previous email. You would think that in their line of business, they would know that burying your head in the sand and hiding away from your problems is wrong and they won't go away