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

[elizabeth1]

Hi tbern

 

To all rational people everywhere, this may seem an incredibly ludicrous idea - but we know that the Cabot team are very inventive and resourceful! I expect they have a staff incentive scheme to find ever more imaginative ways to 'hoodwink' the unsuspecting!

 

Regards, Pam

 

 

Nevermind Pam !!!!

 

I guess we will just have to make sure we get all of our ducks in a row ?

 

:lol:

[Richard Spud]

Regards to All

[debt_mountain]

Re: NO NOTICE OF ASSIGNMENT - CLAIM STRUCK OUT!

 

 

RICHARD SPUD HAS FIRST HAND KNOWLEDGE OF A 2006 COUNTY COURT CLAIM BY AN “ASSIGNEE CREDITOR” BEING STRUCK OUT IN 2007 OUT DUE THE FAILURE OF THE CREDITOR TO SERVE A NOTICE OF ASSIGNMENT UPON THE DEFENDANT PRIOR TO PROCEEDINGS BEING INSTIGATED IN THE COUNTY COURT!

 

I have provided a LINK below to my posting in another thread in which I have disclosed my first hand experience which may be of interest to other contributors.

 

I am minded to disclose further details (subject to confidentiality) if interested contributors feel that my doing so would be of assistance.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/82084-metropolitan-collection-services-ltd-post793647.html#post793647

 

Hope this helps.

 

A Well Wisher.

 

Richard Spud,

 

Does this mean that if you raised a court claim against a company that had hounded you for payment of an outstanding debt and they were stating that they were the agent for the newly assigned creditor and this assigned creditor had never actually been assigned the debt in the correct manner, that you could claim said moneys back?

 

Can they issue the proper assignement once the claim has been raised and before the case is heard?

 

If the above were true, would the newly assigned creditor , then be able to obtain the required proper assignment and claim the funds from you once more, assuming they had all of the required agreement etc.

 

Just a thought.

 

DM

[tbern123]

Just remembered I have not updated this thread.....

 

Anyway.....

 

Here is an email I sent to Cabot in relation to their defence:

 

 

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

To: [email protected]

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

Sent: Sunday, April 29, 2007 10:00 PM

Subject: Your Defence - Claim No. 6qz96662

 

 

 

Dear Sirs

 

Please find below my response to your defence. Please note I have brought to the attention of the Court, your mistakes and incorrect statements.

 

Regards

 

tbern123

 

 

 

 

 

 

 

 

 

28 April 2007

The Court Manager

Dartford County Court

Court House

Home Gardens

Dartford

Kent

DA1 1DX

Dear Sir / Madam

Further to your letter of 26 February 2007, in relation to the Courts order for the Defendant, to file and serve a fully pleaded Defence complying with CPR 16.5 on or before 9th April 2007. I have not received a sealed copy of the Defence from the Court. However, the legal representative of the Defendant has provided me with a copy of the Defence they submitted. As per Civil Procedures Rule 16.7, I would like to take this opportunity to reply to the Defence submitted by the Defendant.

As per my Particulars of Claim, I am seeking exemplary damages, in respect of:

 

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 1988 (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 1988 (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)
   

The Civil Procedure Rule 16.5 Content of Defence (5) states;

 

(5)

Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

 

 

 

Particulars of Claim

Point One

The Defendant made no attempt to establish the validity of the alleged debt.

As the Defendant has failed to respond to point one of my claim, I assume that they admit that they made no attempt to establish the validity of the alleged debt. Further more, point 18 of their defence confirms that no actual documentation exists. Therefore, they have been unable to prove that a debt existed and even if, which is not admitted that a debt existed the Claimant was the debtor in this instance.

 

Point Two

Distress caused by letters and phone calls from Defendants, agents Cabot Financial (Europe) Ltd.

The Defendant, has also failed to respond to point 2 of claim. I again assume that they admit that distress was caused by letters and phone calls from the Defendants appointed agents Cabot Financial (Europe) Limited.

Point Three

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 1988 (schedule 2. 1 The data subject has given his consent to the processing.)

This has been freely admitted by the Defendant in point 18 of their defence.

Point Four

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

The Defendant denies that they are the creditor for the purposes of the CCA 1974 and also deny receiving the statutory fee, for a request made under the CCA 1974. The CEO of Cabot Financial is Mr Ken Maynard, he is also the Chairman of the Debt Byers and Sellers Group, of which Cabot is a member. In a recent article in the Credit Online Magazine, Dr Roger Lucas of the Debt Buyers and Sellers Group , states:

“Roger Lucas, of the Debt Buyers and Sellers Group, said: "When we take assignment of debts we stand in the place of the original creditor so it’s only right we should have the same obligations and rights."

In relation to the Defendants claim they they did not receive the statutory fee. I can confirm that I made my initial request via email on 8 September 2006, followed by a letter with a cheque for £3.00 enclosed. I am disappointed, but not surprised that the Defendant has waited until now (7 months following my request) to bring this to my attention.

 

Point Five

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.

The Defendant denies that they disclosed my personal data to their appointed agents, even though as confirmed by point 1 of their defence, it was the Defendant that purchased the account from HSBC.

 

Point Seven

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

As complaints relating to the Defendant, now full within the remit of the Financial Ombudsman Service, they should be fully aware of the guidance that has been published.

I would also like to take this opportunity to inform the court that the defence filed by the Defendants, has been written to deliberately mislead the Court. In response to point 2 of their defence, the Defendant is fully aware that their letter of 12th May 2006 does not say

HSBC's rights under the HSBC account had been assigned to the Defendant.

 

Their letter actually states:

The account you held with HSBC, was purchased by the Cabot Financial Group.

Kings Hill (No.1) Limited is the legal owner of the account, referenced overleaf.

(3)This letter acts as notice of the assignment of your account to Kings Hill (No.1) Limited and as such should be kept.

I have taken the liberty of highlighting the word account, as contrary to the Defence filed by the Defendant, there is no mention of debt, or assignment of rights.

The fact that the account and not only the rights were assigned, is also confirmed by point 3 of their defence. The letter from HSBC, also clearly states:

" I am writing to inform you that the above account was sold by HSBC Bank plc to Kings Hill No.1 Limited on 2 May 2006.

 

"This means that the effective owners of the above account are now Kings hill No.1 Limited"

The Defendant, also confirms in point 10 of their defence that the account has been reassigned to HSBC

Please note the use of the word account. There is no reference to a debt or the assignment of rights.

It would also appear that the Defendant has confused themselves with the Claimant. Please refer to point 26 of the defence. I have made a claim, against them for the distress they have caused me, not for the distress I have caused them. If it pleases the court, I am able to provide copies of the correspondence, referred to within this letter.

I would like to take this opportunity to respectfully request that the Defendants defence, be struck out by the Court, on the basis that they have failed to fully respond to my claim and have deliberately attempted to mislead the court.

Regards

tbern123

 

 

 

I also sent this to Dean Spencer at Hodsons, I received a very quick and polite response, saying that he will revert to his clients...

 

 

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

To: [email protected]

Cc: [email protected]

Sent: Monday, April 30, 2007 11:31 PM

Subject: Claim 6QZ96662

 

 

 

 

Dears Sirs

 

Please forgive the requirement to email you both directly. In relation to the Defence you filed in response to my claim 6QZ96662, could you please clarify one particular point for me. I also respectfully ask that you respond to this email and do not ignore it, as per my previous emails sent to Cabot Financial (Europe) Limited.

 

Can you explain why in the capacity of Head of Compliance for Cabot Financial (Europe) Limited, your defence was signed by Mr Wellinghoff. For the avoidance of doubt, the Defendant in this matter is Cabot Financial (UK) Limited (formerly Kings Hill (No.1) Ltd).

 

I am confused as to why the Defence was signed from a different company. My confusion also relates to Mr Wellinghoff's involvement in relation to this matter as he is not employed directly by the Defendant.

 

Please excuse my lack of legal understanding, can you please explain how in relation to the Civil Procedure Rules, this is permissible.

 

Regards

 

 

 

tbern123

[tbern123]

As regular readers will remember WW, wrote to me and denied banking my cheque. I als contacted Kent Trading Standards. This is part of their response:

 

"Apologies for not getting back to you on this point. I have spoken to my contact at Cabot who states that they do not accept the cheque was presented by them."

So they have confirmed to me in writing that they did not bank my cheque and they have also told Kent Trading Standards that they did not bank my cheque...

Now that is funny.... How do they explain this then ?

[tbern123]

I don't work for a Bank, so I popped into my local Barclays yesterday to find out what all those numbers mean on the back.

 

 

Return to 20-66-70

 

This is just in case my bank decided not to pay it.

 

Barclays DDS 20-61-58

 

These are the details for the Barclays clearing department

[tbern123]

I wil be sending an email to WW over the weekend for answers

[Guest Battleaxe]

This is what comes from keeping two sets of books....no they wouldn't do that would they?

[InKogneeToh]

 

 

 

 

 

Can you explain why in the capacity of Head of Compliance for Cabot Financial (Europe) Limited, your defence was signed by Mr Wellinghoff. For the avoidance of doubt, the Defendant in this matter is Cabot Financial (UK) Limited (formerly Kings Hill (No.1) Ltd).

 

I am confused as to why the Defence was signed from a different company. My confusion also relates to Mr Wellinghoff's involvement in relation to this matter as he is not employed directly by the Defendant.

 

Please excuse my lack of legal understanding, can you please explain how in relation to the Civil Procedure Rules, this is permissible.

 

 

tbern123

 

Nice one!!

[ODC]

Tbern you are a star. Lets hope Crapbot do not offer you a job

[elizabeth1]

Tbern - nice work

 

 

just keep lining those ducks up :D

[CabotFG]

opps

[tbern123]

Sorry, I allowed someone to use my computer today and they didn't log back out.

 

Yes I do know CabotFG personally, but I am not prepared to reveal their identity.

[Guest Battleaxe]

I wonder if My Wellinghoff and Mr Maynard will be called to book for their attempt at deception?

[tbern123]

Sorry this is the email I sent

 

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

*To:* [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected]

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

*Sent:* Monday, May 07, 2007 3:04 PM

*Subject:* Fw: Urgent Response Required - Please do not ignore this email

 

 

 

7th May 2007

 

Mr Ken Maynard

Cabot Financial (UK) Limited

10 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4LT

 

 

Dear Mr Maynard

 

Further to my previous email of 8 April 2007 and your subsequent response of 10 April 2007, sent by Mr Willem Wellinghoff, Head of Compliance, Cabot Financial (Europe) Ltd. Firstly, can you please confirm why a response was sent by Cabot Financial (Europe) Ltd, when my correspondence was clearly addressed to Cabot Financial (UK) Ltd.

 

As advised on 28 January 2007, I made two separate Subject Access Requests to both Kings Hill (No.1) Ltd (now called Cabot Financial (UK) Ltd) and to Cabot Financial (Europe) Ltd. I made two separate requests, as previously confirmed by the Information Commissioners Office, both companies are registered as Data Controllers. Enclosed with each request were cheques to pay the statutory fee of £10.00.

 

Cheque number 300064 was payable to Cabot Financial (Europe) Ltd and was debited from my account on 12 February 2007. However, cheque number 300063, payable to Kings Hill (No.1) Ltd did not debit my account until 3 April 2007.

 

As I have not received any documentation or correspondence from Cabot Financial (UK) Ltd (previously called Kings Hill (No.1) Ltd), I was surprised that this cheque debited my account 65 days after I made my original request. Naturally, I contacted you to raise my concerns.

 

I would like to take this opportunity to refer you to Mr Wellinghoff's letter of 10 April 2007, he states:

 

"Furthermore I would wish to clarify that Cabot has not presented any cheque reference 300063 for payment on 3 April 2007"

 

I understand that a representative of your company has also informed Mr Jeremy Marsh of Kent Trading Standards that you did not present cheque number 300063 for payment.

 

Please find attached to this email, a copy of cheque 300063 obtained from my Building Society. payable to Kings Hill (No.1) Ltd.

 

I have taken the liberty of sending a copy of this email to Mr Marsh, as I am sure he will share my disappointment that you misinformed him in relation to the payment of this cheque. I have also sent a copy of this email to the Information Commissioners Office, as Cabot Financial (UK) Ltd have charged me for a Subject Access Request and have failed to send me any documentation or contact me directly in relation to my request.

 

I would respectfully ask that you answer the following questions in their entirety.

 

1. What happened to my cheque between the day it was received and the day it was presented for payment.

2. Why was my cheque presented for payment, so long after it was received.

3. Can you please explain why you have charged me for a Subject Access Request and not provided me with any documentation. As Kings Hill (no.1) Ltd incorrectly registered and updated a Default on my credit file, you must have data relating to me.

4. Why have I never received any correspondence directly from Cabot Financial (UK) Ltd / Kings Hill (No.1) Ltd

5. Why did Mr Wellinghoff, deny that cheque number 300063 had been presented for payment, by yourselves.

6. Why was Kent Trading Standards misinformed in relation to this cheque.

7. In relation to my personal data, are Cabot Financial (Europe) Ltd acting as a Data Controller.

 

I hope that on this occasion, you will treat my correspondence with the seriousness that it deserves and not ignore it as previous occasions.

In summary, Cabot Financial (UK) Ltd have exceeded the maximum time frame of 40 days to comply with a Subject Access Request and I feel that deliberate attempts have been made by your company to mislead Kent Trading Standards.

In addition to answers to my questions, I would also very appreciate your comments in relation to this matter and a refund of this cheque and reimbursement of my costs.

Regards

 

Mr tbern123

 

 

 

 

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

*To:* [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected]

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

*Sent:* Sunday, April 08, 2007 5:39 PM

*Subject:* Urgent Response Required - Please do not ignore this email

 

 

 

 

 

 

8th April 2007

 

Mr Ken Maynard

Cabot Financial (UK) Limited

10 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4LT

 

 

Dear Mr Maynard

 

 

I am very disappointed that I am forced to write to you again, in relation to the conduct of your company. As you are fully aware on 28 January 2007, as per my rights under the Data Protection Act 1998, I made two Subject Access Requests. My first request was made to Cabot Financial (UK) Limited and my second request was made to Cabot Financial (Europe) Limited.

 

I would like to take this opportunity to refer you to the letter I received from your legal representatives Hodsons Solicitors, dated 20 February 2007. Mr Dean Spencer states:

 

"Cabot Financial (Europe) Limited is contracted to act as an agent for Cabot Financial (UK) Limited (formerly Kings Hill (No.1) Limited) Your subject access request sent to Cabot Financial (UK) Limited was passed to Cabot Financial (Europe) Limited in order to process the request. We are instructed that Cabot Financial (UK) Limited does not hold any data to which relates to your request."

 

He continues....

 

"For the avoidance of doubt we are instructed that Cabot Financial (UK) Limited does not hold any data about you. *_It is Cabot Financial (Europe) Limited that holds the data_* and therefore it will be that company which responds to any subject access requests directed to the Cabot Group."

 

Following receipt of my Subject Access Request, cheque number 300064, payable to Cabot Financial (Europe) Limited was presented for payment on 12 February 2007. As confirmed by Mr Dean Spencer, it is Cabot Financial (Europe) Limited that holds the data, so I can understand why this particular cheque was presented for payment.

 

You can imagine my surprise, to learn that Cabot Financial (UK) Ltd presented cheque number 300063 for payment on 3 April 2007. My letter of 28th January 2007, clearly states, that payment was in relation to a Subject Access Request. As Cabot Financial (UK) Limited were unable to fulfil my request can you please let me know why this cheque has now been presented for payment.

 

I cannot understand the completely unprofessional conduct of the Cabot Group of companies. I have already commenced legal proceedings against Cabot Financial (UK) Limited and I am in the process of making a formal complaint to the Financial Ombudsman Service, in relation to some of my other concerns. I would have thought that given the circumstances, you would have ensured that I would not have further cause to complain. Sadly this is not the case and I require your urgent response. I have taken the liberty of sending a copy of this email to the Information Commissioners Office and to Kent Trading Standards, both of which I will now be making formal complaints too.

 

Regards

 

 

Mr tbern123

CC Information Commissioners Office

Kent Trading Standards

[elizabeth1]

Tbern - I really think it's time TS did something about this cheque cashing stuff - as we KNOW your's isn't the only "Kings Hill No1" cheque that got cashed by this company after closure.

 

Will email TS myself and push this point - it is deception and they shouldn't be doing it at all.

[Seahorse]

Sorry, I allowed someone to use my computer today and they didn't log back out.

 

Yes I do know CabotFG personally, but I am not prepared to reveal their identity.

 

 

OHO. I DID wonder how long it would take you two to get together seeing as how you only live a stones throw from Cabot Towers.

 

Am I correct in assuming there will be beans to spill?

[Notty]

I have never had a reply to my cca and the default on my cra has always been from Kingshill no1 but when I checked it last week it now says Cabot UK. The letter I had from Cabot says it is Cabot Europe who own my debt? Should I just start court proceedings to get the default off? Not sure what else to do now. They dont bother replying to letters you send. Any advice please.

[Seahorse]

Cabot Europe owns the debt? For sure? In black and white?

 

Or is it just them who sent you the letter telling you UK own it?

 

Sorry Notty. I'll need to go read your thread to see what's what.

[elizabeth1]

OHO. I DID wonder how long it would take you two to get together seeing as how you only live a stones throw from Cabot Towers.

 

Am I correct in assuming there will be beans to spill?

 

 

Beans? I like Beans too

[Notty]

Sorry Seahorse. Cabot Uk own it and they are now adding the default to the cra.

[Seahorse]

Oh.

 

I thought they'd slipped up for a moment there.

[Jeff2000]

Sorry Seahorse. Cabot Uk own it and they are now adding the default to the cra.

 

 

Hi all,

 

 

Hang on!!!

 

I thought they didn't hold any personal data!!!???:???:

 

 

Jeff.

[elizabeth1]

Hi all,

 

 

Hang on!!!

 

I thought they didn't hold any personal data!!!???:???:

 

 

Jeff.

 

Jeff

 

I guess they be having another "ABRA-CADABRA" moment?

 

Hats & Rabbits sort of thing :grin: :grin:

[Jeff2000]

Hi,

 

 

It's certainly unbelievable stuff!!!

 

 

Jeff.