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

[andrew1]

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

 

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

 

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

 

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

 

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

[andrew1]

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

 

This is where I get confused though...

 

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

 

This letter states:

 

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

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

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

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

 

My credit file states:

 

Company name:KINGS HILL (NO 1) LIMITEDAccount type:Credit Card / Store CardStarted:04/02/2000Default Balance:£3,512Current Balance:£3,895Defaulted On:21/01/2002File updated for period to:06/08/2006

 

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

 

 

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

 

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

 

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

 

Don't quite follow your last question though.

[andrew1]

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

 

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

 

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

 

Oh great joy!!!!!

 

 

Good luck DM

[andrew1]

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

 

Sarah

[andrew1]

 

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

 

 

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

 

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

 

sarah

[andrew1]

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

[andrew1]

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

 

Devils in the detail

[andrew1]

I'll be honest, defaults are not something that I know much about. But can they

register a default without at least writing to you? And do they need a ccj in force

before applying a default. If they do, then don't they have to declare that they

wrote to as part of their justification for going to Court?

 

I assume that if they ever bother to respond to your cca, then it should include

info on the ccj/default. Wouldn't it be fun if the default was for one of the

other accounts? ie Barclaycard.

BTW have you checked with the cras to find out more about the default [who

does it relate to] and in view of Cabots inability to give you what you have asked

for, is it not time that the cra removed it?i

 

as k them to remo

 

What you find LFI is that the minute the debt is bought by the DCA they appear to whack a default onto your credit file because in their eyes the account is in default when they take it on. The original lender SHOULD take their default off, but as happens and did with one of mine both appear on your file. You do not need to have had a ccj to obtain a default. Defaults are generally applied if the debtor gets 2 or 3 months behind in payments. The creditor is supposed to write telling you that if the arrears are not paid in x days then a default will be registered.

 

The irritating thing about dca's ( apart from the obvious ) is that they do not write and a) tell you they have the right to collect the debt b) ask your permission to process your data (Data Protection Act rules) c) give you notice they are putting a default on or give you the opportunity to challenge it.

 

I have just had an old cc debt sold to wescot and I have cca'd them but a default has already been registered by wescot. I have written to them ( for the benefit of those who have the same thing happen) telling them that until they provide the info under the cca and prove their right to ownership/collect the debt then I will prosecute them if they do not remove the default within 7 days and inform me they have done it. The funny thing is that the cc company has repaid me all the charges I claimed and wescot haven't come up with anything and now need a court order to collect it ! such is life

A ccj comes later down the line and they issue an N1 ( whats an N1 )

[andrew1]

Has anyone ever received anything directly from Kingshill No.1 Ltd ?

 

 

Not yet but I have written to them, be interesting to see who replies.

 

Sarah

[andrew1]

Actually LFI (Hope that's not sexist ) Since taking up on Cabot and looking at my credit file I have become increasingly 'interested' in precisely what you have surmised. tbern has got the passion since I mentioned it an actually taken a lead in applying to the Information Commissioner to find out the nitty's of this. I have spoken myself to the Information Commissioner but nothing formally. Having run businesses I know that to sue a company you have to get the right one, I suffered precisely that when I tried to sue ICL the computer company and ended up 'assuming' the company I was dealing with was the company I sue. Not so, seperate Ltd co's - go back to GO and start again!

Hence, what is this myriad of companies Cabot have for? They refer to 'Cabot Financial Group' in their letters - no such company. Perhaps they have some ' trading as' styles but nothing is displayed publically. It was a known accounting practice to sometimes have ' service companies' within a group to protect the holding companies. I am not alleging that Cabot would do anything of the sort, but it certainly makes one wonder why Kingshill No1 Ltd buy the debt but never write a letter.They (kingshill) lodge the default with the CRA's without, as you say, ever writing to the debtor this must be a breach of the Data Protection Act and the CCA even if another company in the group has written.

 

I am awaiting the response from Kingshill to see what they come up with following my request to identify who they are on my credit file and we'll see what we do next but like tbern I am beginning to get my teeth into this one on principal because these guys threw the book at me once and I feel like they are going pay. I'll take it to the wire with them.

 

As for the CRA's, well, I think it has become apparent from the tyrade of postings that the CRA's do as they are told by their paymasters. They certainly should take more responsibility for the accuracy of the data they are posting into the public financial domain. It costs us all dearly in additional interest % rates. My son 30 yrs old never had a financial problem in his life wanted a first time buyers mortgage, solid job for 7yrs good income. He dumped a Hutchinson phone because it never worked, refused to pay a bill 3 yrs ago and he bought an 02 phone instead. He actually then paid Hutchinson. Hutchinson placed a default on his file and he never knew it and now will not remove it ( enter surelybonds letters!). Nationwide BS refused him a first time buyers mortgage because of it and he's had to pay £1500 over three years more to get one from HSBC - THAT's where it is all wrong.

 

In a previous posting I mentioned speaking to Experian & Equifax, one said Kingshill No1 Ltd was their client and never heard of Cabot and the other said it was Cabot Financial (Europe)Ltd who were their client. They just dump defaults on your file without question. I just had one from wescot on a debt just sold by a cc co., not a word about it. I had no agreement with wescot, I was told by Wescot they had bought the debt and that was it - usual payup or be squashed letter. But the default was promptly placed upon my credit files so I CCA'd wescot and have heard nothing since - I dont need a credit facility but if I did the ramifications of another default would drive me crazy. There must be methods of getting compensation for this. Interesting to know what and how !

 

 

.

[andrew1]

This is what I am wanting to hear.. Kingshill have been defaulting people without notification.

 

Either we have been defaulted on the agreement with the original creditor or on a new agreement to repay.

 

1) My default is dated two years before Kingshill were assigned the debt, yet their name is on my credit file

2) I have never been contacted directly by Kingshill so no new agreement can be place, thus I couldn't have defaulted

 

 

When you say your default is dated two yrs before Kingshill were assigned the debt what do you mean exactly? Are you saying this is the default placed by the original creditor then? or are you saying Cabot did it first?

 

 

Also, I had no default notice from Kingshill No1 Ltd but they are on my crdit file. I think were are beginning to peel them !

[andrew1]

My credit file and the statement states that the account was defaulted on 21/01/02.

 

 

By whom?

[andrew1]

To be honest I have no answer for that, but I'm following the Link Financial thread which I see you are opening up evn more more arguments - you really don't like these buggers do you?

[andrew1]

tbern

 

Like the letter, go get em boy!!!

 

I have a similar set of data colated form my court appearance.

 

The kingshill/cabot thing is a cracker more smoke and mirrors, wonder how the judge will view all of this. I have taken Cabot to court (before I knew about the Kingshill ownership - which I only got fom this site as Cabot have never even responded in any way whatsoever) so now I think my case is even better.

 

Cabot have not got my permission to do anything with my data (so how did they get my account details to contact me in the first place?) although kingshill do all the credit reference stuff, but my payments were to Cabot (but they don't own the debt (or atleast I don't actually know if they do or not)), I was never informed they were assigned the debt to Cabot so what were they doing collecting on it.

 

Wonder what their defence will be.

 

Friday coming the clock stops ticking. Hopefully mid week next week I will have their defence and will share it for assistance from you fine folks.

 

The plot thickens...

 

Fristly Debt Mountain, Kingshill would not have ' assigned ' the debt to Cabot - they say Cabot Financial (Europe) Ltd are their 'Managing agents' ie: like a service company within the group, but they have passed your data from one company to the other without your permission.

 

 

tbern - just one thing in your letter that you might like to change in the letter - its the Consumer Credit Act not Credit Consumer Act just a typo and they will know what you mean but you might as well not give them any excuses to think you don't know what you are talking about !

[andrew1]

Ok, since I have had no response from either Kings Hill No1 Ltd or Cabot Financial (Europe) Limited I have sent a LBA to Mr Kenneth Maynard. He is not only a Director of both of these companies, he is also a Council Member for the Credit Services Association. If anyone else would like to drop him a line, his email address is: [email protected] I would also cc Cabot: [email protected], [email protected] Don't forget to check out their corporate website: Cabot Financial

 

Anyway here is my lastest and final letter. Enjoy

 

Without Prejudice

Mr Kenneth Maynard

Kings Hill (No.1) Limited

10 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4LT

 

Dear Mr Maynard

Re: Letter Before Action

 

 

I have very serious concerns regarding Kings Hill No.1 Ltd and Cabot Financial (Europe) Limited. As a Director of both of these Limited companies and as a Council Member of the Credit Services Association, I would appreciate your comments.

 

As you may be aware I have three accounts with Kings Hill No.1 Ltd, for alleged debts that for the record I do not acknowledge.

 

Kings Hill No.1 Ltd have breached my rights under the Credit Consumer Act 1974, the Data Protection Act 1988 and it has shown total disregard for the Office of Fairing Trading Debt Collection Guidelines.

 

Cabot Financial (Europe) Limited have breached my rights under the Data Protection Act 1988. It has shown total disregard for the Office of Fair Trading Debt Collection Guidelines and the Credit Services Association's Code of Practice.

 

I am not sure if this is intentional or due to complete incompetence. As you will appreciate, any breach of my rights under the Credit Consumer Act 1974 and the Data Protection Act 1988 can be deemed a criminal act. To prevent legal proceedings please provide me with the following documentation (if a fee is required for this service, please notify me by return) Failure to provide documentation will be interpreted, as acceptance that it does not exist.

• Failure to comply with the Data Protection Act 1988

Fair Processing Notice

 

As clearly stated on the Information Commissioner?s Office own website http://www.ico.gov.uk/ :

 

Q: What do I need to put in my fair processing notice, which is given to individuals before I process their information?

 

You will need to outline what and how information is going to be processed. This is to make sure the individual knows exactly what is going to happen to their information and how it is going to be used. You shouldn't be doing anything with personal information unless the individual is made aware.

 

Can you please provide me with copies of the Fair Notice Processing notifications previously sent to me by both Kings Hill No.1 Limited and Cabot Financial (Europe) Ltd.

 

Authority to Disclose Information to a Third Party

 

Information relating to my identity, address and my accounts with Kings Hill No.1 Limited have been disclosed to Cabot Financial (Europe) Ltd. Please can you provide me with a copy of my authority for Kings Hill No.1 Limited to disclose my personal data to Cabot Financial (Europe) Ltd.

• Failure to comply with a Credit Consumer Act 1974 request

As I am not in receipt of termination notices for the original consumer credit agreements, I must conclude that as these debts have been assigned to Kings Hill No1 Ltd. It can be deemed as the ?creditor? under the Credit Consumer Act 1974 and must meet the obligations of the original creditor under this act. Please refer to section 189 for confirmation:

 

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'

 

On 8th September 2006, I made a request under sections 77 and 78 of the Credit Consumer Act 1974 for copies of the original agreements. (Please find relevant sections below)

 

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

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

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

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

 

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

a) state of account, and

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

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

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

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

 

I received a response to my request dated 29thSeptember 2006, from Cabot Financial (Europe) Limited, stating that my request had been received and that it may take a further 8 weeks to provide me with the documentation, I requested.

 

On 16 October 2006, I received a second response to my request. This included copies of credit agreements for Capital Bank and Barclaycard. However, at that time Cabot Financial (Europe) Ltd was still trying to obtain a copy of the HSBC credit agreement. Under the Credit Consumer Act 1974, Kings Hill No1 Ltd are also obligated to provide me with

 

(Extract from the Consumer Credit Act 1974)

 

'a statement signed by or on behalf of the creditor showing, according to the information to which it is practical for him to refer'

 

(a) the state of the, account

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

 

As stated in an email from Cabot Financial (Europe) Ltd, these were not sent until 31st October 2006. However, these were not signed and as Kings Hill No.1 Ltd is the 'creditor', not Cabot Financial (Europe) Ltd these statements are not valid.

 

To date, almost two months after my initial request I have still not received a copy of the HSBC credit agreement and I have not received any statements directly from Kings Hill No.1 Ltd (or any other correspondence for that matter). Both of which are criminal offences under the Credit Consumer Act 1974.

• Failure to comply with The Office of Fair Trading (OFT) Debt Collection Guidelines

2. Unfair Business Practices

 

2.2 Examples of unfair practices are as follows:

 

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

 

As previously stated, I have been waiting two months for statements from Kings Hill No.1 Ltd

 

2.6 Examples of unfair practices are as follows:

 

i. Disclosing or threatening to disclose debt details to third parties unless legally entitled to do so.

 

Kings Hill No.1 Ltd have without my consent disclosed my debt details to Cabot Financial (Europe) Limited (a third party)

 

2.8 Examples of unfair practices are as follows:

 

f. Passing on debtor details to debt management companies without the debtor?s informed prior consent.

 

As previously explained, Kings Hill No.1 Ltd have without my consent disclosed my debt details to Cabot Financial (Europe) Limited (a third party)

 

i. Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued.

 

I have not been provided with a copy of the HSBC credit agreement or any signed statements from the 'creditor' Kings Hill No.1 Ltd.

• Failure to comply with the Credit Services Association's Code of Practice

As Cabot Financial (Europe) Limited are a member of and you are a Council Member of the Credit Services Association, please note the following breaches:

 

2. General Conduct

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

 

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

 

3. Legislation & Guidelines

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

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

 

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

 

4. Debt Collection & Default Guidelines

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

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

 

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

 

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

 

I first requested information over 51 days ago.

 

7. Complaints

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

 

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

 

As detailed, both Kingshill No.1 Ltd and/or Cabot Financial (Europe) Limited have breached The Data Protection 1988, The Credit Consumer Act 1974, Credit Services Association?s Code of Practice and shown total disregard for the Office of Fair Trading, Debt Collection Guidelines.

 

You will appreciate these breaches have caused me both distress and inconvenience. To rectify this situation, I request that my credit file is sponged of any and all information provided by Kingshill No.1 Ltd and I am financially compensated.

 

If you fail to agree to the above proposal, I will be forced to make the relevant authorities, including but not limited to Trading Standards, Credit Services Association, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman, The Financial Services Authority, My Local MP and The National Press aware that you have committed a criminal act. I will also be forced to instigate legal proceedings.

 

 

 

Has anyone got a link for the consumer credit (agreements) regulations 1983.... Really need to have a read...

 

Thanks

 

 

 

 

tbern, just highlighted what I think need as look at - also ' state of account' does that read ' statement of account'?

 

sarah

[andrew1]

Silence is golden my friend - GOLDEN

[andrew1]

Some of the other companies

 

 

03514385KINGS HILL (NO. 4) LIMITED

03757424KINGS HILL (NO.1) LIMITED

03958468KINGS HILL (NO.3) LIMITED

03959268KINGS HILL (NO. 2) LIMITED

 

Does anyone know where, I can get a company structure from, to see which company it linked to another company ?

 

 

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.

[andrew1]

Can company house not supply this for a fee? I would split the cost ith you as we would both benefit from it.

 

The info I provided above is Pre June 2006. except: Cabot Financial (Europe) Ltd - Annual return as at 14th September 2006- Amount of shares 'A' shares 12104790 @ £1 + 1 'B' share 1US$ all owned by Cabot Financial Debt Recovery Services Ltd

 

Kingshill No1 Ltd Annual Return as at 1st April 2006 10Million shares @£1 - shareholder Cabot Financial Debt Recovery Services Ltd

 

Cabot Finacial Debt Recovery Services Ltd Annual return as at 11.02.06

924,001 shares issued @£1 - Shareholder - Cabot Financial Holdings Ltd

 

Direcotrs of all of above messrs Randall, Maynard & Glen Crawford. Randall being Co.Sec of the lot.

Cabot Financial Holdings Ltd - Annual Return as at 8th Sept 2006 19814190 shares @£1 - Shareholder - Cabot Financial Holdings Group Ltd.

 

 

 

Now I gotta go till Wdenesday - good luck I'll check back then.

[andrew1]

 

 

Company Name:

 

THE MESSAGE SERVICE LIMITED

Company No: 05495362

Registered Office:Incorporated: 30/06/2005GLEBE HOUSE

2 CLIFTON ROAD

RUGBY

CV21 3PX

 

Company Type: Private LimitedReport Status: Full DataAccounts Type: UnknownLatest Accounts to: ?Latest Return to: 30/06/2006

Please note that this company has not yet filed any accounts at Companies House and therefore no financial information will be available.

 

message from Rhia:

This is like unpeeling the layers of an onion. They lodged their court papers at Rugby. So are we now dealing with THREE breaches of the Data Protection Act? I may be wrong but this is too much of a coincidence. Also I received a couple of telephone messages a few weeks ago saying they were a survey of some description and it was these but I just cut them off dead. Never realised they were part of the same set up although was suspicious of the random nature of the calls. I will be talking to Andy Lowther tomorrow so thanks for that info too. My lawyers can't beleive what these companies are doing. Neither can I.

 

 

 

Wouldn't you just know it ! The 3 Directors of The Message Service Limited

 

Ken Maynard

John Randall

Glen Crawford

 

Same as Cabot Financial Europe Ltd, Kingshill No 1 Ltd, Cabot Financial Debt Recovery Services Ltd etc etc etc..... who do they think we are?

[andrew1]

You should have asked her who she worked for - Cabot Financial Debt Recovery Services Ltd OWNS both Kingshill No1 Ltd AND Cabot Financial Europe Ltd. .

 

I wonder if getting all this info is of much use though, I am not happy about that Data Controller bit - it is a confusing scenario and none of this confusion would have existed if they had a straight forward means of defaulting/buying/chasing and a lot of people including me could have got on with more important things. In Law a company is a company is a company, if you sue the wrong one it gets thrown out. - If one goes down, does the other still take the rap? - bet your life they don't - I hate this deceipt and scullduggery.

[andrew1]

The Message Service Ltd

- Issued shares = 1 @ £1

 

Guess which company owns it?

 

Cabot Financial Debt Recovery Services Ltd

 

 

Onwards and Upwards - just be interesting to know which company was bought by the Japanese - I wonder if they know about all these

 

 

and Rhia - it's all 3 Directors not 2 and the same Company Secretary John Randall.

 

By the way, I wasn't either losing heart or in any way critisising about too much info, I totally agree with you, Debt Mountain & tbern - I just wish I had your time to be so thorough. I have no love for these beggars and my day is fast approaching and by the sounds of things it's just the right time for me to now get my TS letters off as I'm sure he's getting pretty fed up of this outfit.

 

Also, I cannot honestly believe that there might be the same Data controller for all companies. Think about it for a minute - who EXACTLY is the Data Controller and which company is he/she employed by? On which payroll is he/she on? Unless it is one of the principle Directors of the Company Secretary for all these companies I cannot believe other people working for one or another company in the group can officially have access to personal data. Rugby is a long commuter trip to West Malling so 'others' are obviously having access in another part of the country in another part of the company's systems, Seperate Limited Companies have by law to file seperate Accounts and these must all be seperate. I work within accounts and this is just pushing the limits of any Data Protection Act to extremes. This is a blatant abuse of their obligations to protect our data during processing. If you are speaking to the Information Commissioner and have or tbern has a contact I'd be very interested in knowing their thoughts on that.

[andrew1]

Right, I am now on a mission with these people.

 

This has been posted before, so sorry for the repeated information...

Can anyone guess who the data controller is for Kings Hill (No.1) Ltd (according to the Information Commissioners Office) ????

 

Information Commissioners - Data Protection Register - Entry Details

 

 

Now do a search on the post code and the three following companies come up:

 

CABOT FINANCIAL (EUROPE) LIMITED

FINANCIAL INVESTIGATIONS AND RECOVERIES (EUROPE) LIMITED

KINGS HILL (NO 1) LIMITED

 

 

 

So tbern, well done, can you do the same for the other companies and include The Message Service to boot?

[andrew1]

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.

[andrew1]

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.

[andrew1]

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: