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

[debt_mountain]

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!!!!!

[debt_mountain]

ouch. Thats gotta hurt. Cabot (or is it Kingshill) are in for a lot of trouble. I am awaiting there defence for my damages claim by 10/11 and I am sure I will be getting in contact with you when it comes to pulling my evidence together.

 

I will start pulling this together at the weekend.

 

Hope you are having as much fun as me.

[debt_mountain]

 

( I am actually enjoying this. It is nice to be going after them for a change)

 

In the words of a well known dog on the Churchhill TV adverts "oh yyess"

 

My main aim is to get the defaults removed and by claiming the damages I am hoping to push them a little more than just claiming they are not providing the data.

 

From what I have read the governing bodies are very slow and some of the replies are in the favour of big business not us the individuals, so I am trying the court route.

 

We will see which way is best between us and then for any future activity like this all forum members will know which way to go.

 

It is so much fun as we are in a no loose situation. They cannot do any worse to us than they already have but it can get better, they on the other hand (DCA and CRA) are on a loosing streak. They have to resource all these additional requests and as you so clearly stated in you posts above htey are breaking the law. So at some point they will loose. Not sure what but they will.

 

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

[debt_mountain]

To keep the pressure up on Cabot, I have sent them another email:

 

Without Prejudice

 

 

1st November 2006

 

Cabot Financial (Europe) Ltd

Ms Justine Horton

Team Leader

Customer Services Department

 

Dear Ms Horton,

 

Thank you for the acknowledgment of my email of 31st October 2006, I am glad you have noted my comments. Whilst Cabot consider their response, I thought this would be an ideal opportunity to bring more of my concerns to your attention.

 

As you are no doubt aware Cabot Financial (Europe) Ltd is a member of the Credit Services Association. As Cabot have total disregard for the Office of Fair Trading and the Credit Consumer Act 1974, I expect that they hold the Code of Practice of the Credit Services Association in equal contempt.

 

However, I would like to draw your attention to how Cabot in addition to breaching the Office of Fair Trading Guidelines and the Credit Consumer Act 1974, have also breached the Code of Practice of the Credit Services Association. Please find below details of these additional 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 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 you have 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 this 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.

 

In summary Cabot are unable to dispute that they have broken the Credit Services Association's Code of Practice in 6 different ways, failed to meet their obligations under the Office of Fair Trading Debt Collection Guidelines and more importantly breached the Credit Consumer Act.

 

As previous stated, unless I have confirmation from Cabot by Friday 3rd November 2006 stating that the default notice applied to credit file will be removed, 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.

 

Please also accept this letter as my formal instruction to Cease and Desist in the processing of my data. Kings Hill No.1 Ltd may have appointed Cabot Financial (Europe) Ltd as their agent, but Kings Hill No.1 Ltd cannot give authority to a different Limited company to access and process my data without my prior consent.

 

I do not acknowledge any debt to Kings Hill No.1 Ltd or any other company they represent. I trust this email clarifies my position

 

 

Regards

 

tbern, can I be your friend, I would hate to have you as an enemy.

 

Nice one, yet another stinger to Cabot. I wish I could help answer your aquire/own dilema but he sods haven't replied to any of my letters. Well except the N1 posted to the court, they filed an aknowledgement and hopefully a defence by next friday.

 

Do you think they read these forums? What would the ramifications of them appearing in court with me and having to explain to a judge why they have repeatedly broken the law shown complete disregard for the code they are subscribing to.

 

If they do fancy a 1 on 1 with me in court do you and andrew1 want to come and watch, or any of the other Cabot "customers"? I will obviously post the date and time of the case here for all to see.

 

Another question, I am sitting tomorrow with my sister (who luckily happens to be a lawer) pulling my evidence together and as Cabot have not actually replied to me with anything can I use some of the quotes and exerts from your letters and quote the source of these quotes in court? can I get some copies of some of the key sections?

 

It would be good for the 3 of us to boost our evidence files.

 

Can't wait to see thier defence.

 

What can they defend with.

 

1 - no agreement, statements, deed of assignment, copy of default

2 - still sharing my data after the 42 days from my cca and section 10 & 12 letters

3 - where do kingshill / cabot start and stop. 1 of them doesnt have my permission to access my data

4 - CSE code breeches as detailed in your post above

5 - threatening behaviour

I am sure I have missed something.

 

I will send you a PM once I have pulld what I can for my evidence file.

 

speak to you soon.

 

Tbern, its Friday tomorrow I hope you have all your letters ready to post and completed you mcol or N1?

[debt_mountain]

That would be could, might give me more confidence about starting down the legal route.

 

It will be in the Morpeth CC (just north of Newcastle), not sure if that is too far from you?

[debt_mountain]

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...

[debt_mountain]

IDid you do your claim via mcol ?

 

My claim had to be done using the N1 and posting it as the claim was for an English firm and I live in Scotland.

 

Tick Tock Tick Tock.

[debt_mountain]

I got the defence in the post today. I am just typing it up and adding some comments. I will post it in my cabot thread once my son is in his scratcher.

 

The defence is fairly easy to predict..........

[debt_mountain]

I have added the defence text with comments to the Cabot thread in my signature.

[debt_mountain]

There appears to be a curious synergy between these two companies.

On the one hand, you write to Kingshill, they respond from Cabot, [breach

of Data Protection Act?]. So here the inference is the two companies are the same. This

they think gives them the right to disclose information etc back and forward to each other.

Of course the advantage of responding as Cabot was that they could confirm that they were not in breach of the CCA. So now the companies are

separate entities.

It must be wonderful to have it both ways.

 

The defence they have submitted for my claim against them is exactly this. They say I have not sent my CCA to the correct company, although they do kindly tell me the name of the correct company...how do they now who the correct company is if both companies are adhering to the data protection act.

 

I am looking forward to my (our CAG) day in court.

[debt_mountain]

Welcome to the latest instalment on this saga…..

 

I wrote an email to Mr Maynard quoting Kings Hill No.1 Ltd address c/o Cabot Financial (Europe) Limited.

 

I received a very nice letter today from Ms Sue Pratt, Customer Assurance Advisor, Customer Relations, Cabot Financial (Europe) Limited. (Not Kings Hill (No.1) Ltd) lol

 

Anyway, here is her response:

 

Dear Mr xxx

 

I have been asked to respond to letter dated 5 November 2006 by our Mr Ken Maynard, Chief Executive.

 

(this is a true quote from the letter, mistakes included)

 

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

 

(Nice of them, but my complaint was addressed to Kings Hill (No.1) Ltd, not Cabot)

 

These accounts were sold as part of an assignment of debts to Kings Hill (No.1) Ltd, part of the Cabot Financial Group by HSBC, The Bank of Scotland and Barclaycard and the status of each account is as follows:-

 

• The HSBC account xxxx was sold to Cabot on 2 May 2006 with an outstanding balance of xxx. The originator registered a default on 15 June 2000 due to non-payment of the outstanding debt. Since our ownership no payments have been received.

(Erm, someone is getting confused “our ownership” They previously state “These accounts were sold as part of an assignment of debts to Kings Hill (No.1) Ltd”)

 

• The Bank of Scotland Loan account xxxx was sold to Cabot on 28 November 2004 with an outstanding balance of xxxx. Since our ownership no payments have been received

( Again….“our ownership” They previously state “These accounts were sold as part of an assignment of debts to Kings Hill (No.1) Ltd”)

 

 

· The Barclaycard Visa account xxxx was sold to Cabot on 1 November 2004 with an outstanding balance of xxxx. The originator registered a default on 21 January 2001 due to non-payment of the outstanding debt. On 15 December 2004 you discussed a repayment plan with us of xxxx per month over xx months but no payment received.

(I have never discussed, either this debt or a repayment plan.)

 

(The only default on my credit file for Kings Hill (No.1) Ltd. Company Name: Kings Hill (No 1) Ltd, Started: 4/2/2000, Defaulted 21/01/02. Someone has got their dates confused.)

 

 

 

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

 

(I have still not received after two months, a copy of the HSBC credit agreement.)

 

Our first correspondence from you was received on 11 September 2006 when you requested that all future communication be in writing. My letter of 11 September 2006 confirmed that your telephone numbers had been removed from our automatic dialler and that the request for copies of the signed agreements had been referred to our Customer Relations Department. Cabot did not feel that your complaint needed to be referred to the Credit Services Association as we had complied with your request for additional information and confirmed it has been ordered.

 

(Their actual response was:

“A copy of your email has been passed to our Customer Relations Department to action your request for further information. I can confirm that today i have removed your telephone numbers from our records and all future communications will be in writing.”)

 

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

 

(As previous posted in this thread. I received 3 letters from Cabot Financial (Europe) Limited, dated 29 September 2006. These letters state that they need to contact each creditor. No correspondence received on 12 September 2006.)

 

To date we have obtained and sent you a copy of the signed agreement for the Bank of Scotland loan account and Barclaycard Visa account. Our Customer Relations Department has again today chased each of the creditors for the remaining information not yet received. I can confirm once the payment breakdown (statements) for each account is received they will forwarded directly to you.

 

(No mention, of the still outstanding HSBC credit agreement. They have waited 2 months before chasing up the information, I requested.)

 

I can confirm that we are not the originator of the debts and are reliant on the retrieval of the information from each of the creditors. You have stated that under the Credit Consumer Act 1974 Sections 77 and 78 that as we have not supplied copies of the original agreements within the appointed time and therefore cannot be enforced. Cabot has sough advice from Trading Standards who have confirmed this does not apply to us, as we were not the “creditor” and the accounts have defaulted.

 

(My local Trading Standards, are the same as “Cabot” and I have also sought advice from them. It is true that “Cabot is not the “creditor”. However, as stated in the CCA 1974 Kingshill (No.1) Ltd are the current “creditor”:

 

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'

 

“Cabot” have previous confirmed in writing that these debts have been assigned to Kingshill (No.1) Ltd.)

 

You state that we do not have your consent to disclose information to a third part unless we are legally entitled to do so. Under the terms of the credit agreement (which you do not deny signing) for HSBC, The Bank of Scotland and Barclaycard you gave your authority for each of the accounts to be passed to a third party. You feel that Cabot Financial is a third party but as advised at the beginning of this letter Kingshill (No.1) Ltd is part of the Cabot Group.

 

(As they have been unable to obtain a copy of the signed agreement for HSBC, how do they know my authority was given? Authority may have been given in the original credit agreement for information to be passed to a Debt Collection Agency (in this instance Kingshill (No.1) Ltd). However, authority was not given for them to then pass my information onto another company.

 

We are confident that we have not breached any of the legislative requirements you refer to you in your letter and therefore refute your assertion that any compensation is payable.

 

(Quoted inclusive of mistakes)

(They are adament that they have not breached any of my rights under the Data Protection Act 1988, CCA 1974 or the HRA 1998.)

 

Once again I must apologise for the time delay in retrieving the request information but unfortunately we are reliant on the originator to obtain this from the archives.

 

Should you have any further queries relating to this matter, please do not hesitate to contact me on xxxxxxxx

 

They really are tying themselves in knots. They keep referring to all the companies at all the wrong times. It helps my defence and again I would like your permission to share some of this info in court.

 

They wnt to use whichever name helps them try to wriggle out of a situation then immediately use another name to get out of the next.

 

I will need to be carefull not to tie myself up with this when I get to court and keep a clear head.

[debt_mountain]

tbern

I just found another mixup in there names. In the defence they sent in they said 12- it is denied that "cabot" has ownership of the debts. It is the defendants case that

Kingshill (No 1) limited are the owners of any debts to which the claimants refers. The claimants admits that of the 4 accounts he refers to only one still constitutes a debt which alleged to be in dispute.

but when I dug out my letters I found the letter saying they now own the debt and guess who owns it "cabot financial group", I don't actually think theis is a true bisuness registered at register house. It was also on standard Cabot finacial europe paper.

 

Oh how I love these people, they just keep feeding us more evidence.

[debt_mountain]

Some of the other companies

 

05714535CABOT FINANCIAL LIMITED

03936134CABOT FINANCIAL DEBT RECOVERY SERVICES LIMITED

03439445CABOT FINANCIAL (EUROPE) LIMITED

05754978CABOT FINANCIAL GROUP LIMITED

04071551CABOT FINANCIAL HOLDINGS LIMITED

04934534CABOT FINANCIAL HOLDINGS GROUP LIMITED

03513705CABOT FINANCIAL (INTERNATIONAL) LIMITED

03888014CABOT FINANCIAL MANAGEMENT LIMITEDDissolved

03514391CABOT FINANCIAL (UK) LIMITED

 

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 ?

 

when I look at the file for cabot financial group ltd it says

 

 

Name & Registered Office:

CABOT FINANCIAL GROUP LIMITED

10 KINGS HILL AVENUE

KINGS HILL

WEST MALLING

KENT ME19 4LT

Company No. 05754978

 

Status: Active

Date of Incorporation: 24/03/2006

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

None Supplied

Accounting Reference Date: 31/10

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due: 31/08/2007

Last Return Made Up To:

Next Return Due: 21/04/2007

Previous Names:Date of changePrevious Name21/06/2006PALL MALL FINANCE HOLDINGS LIMITED04/04/2006ALNERY NO. 2580 LIMITEDso does the Date of Incorporation: 24/03/2006 relate to the incorperation of the previous company before it changed name from PALL MALL FINANCE HOLDINGS LIMITED

[debt_mountain]

 

This is what I am thinking: (Can you please read and advise THANKS!! )

 

In relation to Cabot Financial (Europe) Limited

 

I would claim a breach of my right of privacy under article 8 of the HRA 1998 by Cabot Financial (Europe) Limited. I also feel that they have committed an offence/s by the processing of my personal data (as defined by the Data Protection Act 1988

 

In relation to the alleged HSBC debt, Cabot Financial (Europe) Limited have been unable to provide evidence of the agreement by me to enter in a Consumer Credit Agreement. As such is unable to establish that my consent had been given to process personal data (as defined by Data Protection Act 1998and has committed an office under the Data Protection Act 1988 (schedule 2. 1 The data subject has given his consent to the processing.).

 

Now in relation to Kings Hill (No.1) Ltd

 

Kings Hill (No1) Ltd have committed an offence/s under the CCA 1974 s77, in relation to requests made by the me for documentation. I was forced to contact them via their appointed agent as they had failed to provide contact details and instructed me to send correspondence to their appointed agent, Cabot Financial (Europe) Ltd. Their offence is acknowledged and confirmed by their appointed agent Cabot Financial (Europe) Ltd

 

Kings Hill (No1) Ltd have committed an offence/s under the CCA 1974 s78, in relation to requests made by the me for documentation. I was forced to contact thme via their appointed agent as they failed to provide contact details and instructed me to send correspondence to their appointed agent, Cabot Financial (Europe) Ltd. Their offence is acknowledged and confirmed by their appointed agent Cabot Financial (Europe) Ltd

 

Kings Hill (No1) Ltd have committed an offence/s under the CCA 1974 s97, in relation to requests made by the me for documentation. I was forced to contact them via their appointed agent as they failed to provide contact details and instructed me to send correspondence to their appointed agent, Cabot Financial (Europe) Ltd. Their offence is acknowledged and confirmed by their appointed agent Cabot Financial (Europe) Ltd.

 

Kings Hill (No1) disclosed personal data (as defined by the Data Protection Act 1988 to their appointed agent, Cabot Financial (Europe) Ltd, regarding myself. Without notification to or authorisation from me Confirmed by correspondence received from their appointed agent Cabot Financial (Europe) Ltd

 

I claim breach of my right of privacy under article 8 of the HRA 1998 by them. They have committed an offence/s by the disclosure of personal data (as defined by the DPA 1988 to their appointed agent, Cabot Financial (Europe) Ltd. Confirmed by correspondence received from their appointed agent Cabot Financial (Europe) Ltd.

 

In relation to an alleged HSBC debt, they has been unable to provide evidence of the agreement by me to enter in a Consumer Credit Agreement. As such is unable to establish that my consent has been given to process personal data (as defined by DPA 1998 and has committed an office under the DPA 1988 (schedule 2. 1 The data subject has given his consent to the processing.). Confirmed by correspondence received from their appointed agent Cabot Financial (Europe) Ltd.

 

 

 

Their appointed agent, Cabot Financial (Europe) Ltd has conceded, that the default was registered against me without sight of credit agreement or any other supporting documentation. Confirmed by correspondence received from their appointed agent Cabot Financial (Europe) Ltd.

 

Is this you thinking out loud or is this the initial particulars of claim or are you thinking of writing back to them?

 

If you are writing back, while I totally understand your reason and the fact it is quite enjoyable sport, I would now just send my prelime, give them 7 days, then LBA and 7 days then smack them with the N1.

 

If it is the POC then it is a good start but I think from your earlier post you had way more evidence (issues) to add.

 

ps, once more the text from 1 of your posts will be added to my file ready for court.

[debt_mountain]

.....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. ?

Tber/Andrew1

 

The fact that I raised my N1 against Cabot Financial Debt Recovery Services Ltd is probably lucky then? as they are to owners of kingshill and cabot financial europe. So how can they seriously say I have not sent my letters to the wrong company? numpties!!

 

AQ will be sent in this week. I bet they (cabot/kingshill are expecting me to give up.....

 

do we get to see each others AQ's?

[debt_mountain]

Thanks for the info as always...

 

Do you know it there is away to find out the structure before June 2006. As companies house say this is when Cabot Financial Group Limited came into existance ?

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

[debt_mountain]

I called the information commissioner and asked about companies sharing data from 1 ltd company to another and the wee wifie said" if they have the same data controller they can share the information".

 

So I called Cabot and they said that Cabot Financial Europe ltd is the data controller for the full group.

 

So it looks like they can share the data freely. Need to see this is writing so I am adding it to the data I would like to see presented to the court for my case.

 

AQ is nearly ready to go.

 

I also spoke with Andrew Lowther and he was most interested in what Cabot are upto and asked that I send on my info.

 

I have 1 final question. When a default is issued does this terminate the agreement?

 

PS, a very nice lady from Cabot called me back. No she really was very nice. She was confirming that Cabot Fin Europe ltd are the data controller for the full group.

 

I had also asked her if I sent a letter or court papers to Cabot Financial Debt Recovery Ltd who would get it? this is who I used in my claim.

 

she said she had been told to day no company exists under that name or it is not part of their group.

 

So how do you explain this?

 

CABOT FINANCIAL DEBT RECOVERY SERVICES LIMITED

10 KINGS HILL AVENUE

WEST MALLING

KENT

ME19 4LT

Company No. 03936134

 

Strange, same address? and their solicitors say they don't exist but they happily received the papers, completed the defence for this unknown company and returned it to the court. Very odd behavious.

 

Do they actually know what businesses they own?

 

I have just ordered the reports on them from Company house?

 

lets see what that says.

[debt_mountain]

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

Sarah

 

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

 

thanks

[debt_mountain]

Tbern

 

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

 

We have absolutley nothing to lose with these muppets.

 

I always enjoy you letters.

 

DM

[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.

[debt_mountain]

Good progress Tbern. I have been away in Tenerife enjoying my Bank of Scotland refund so haven't been reading.

 

when I got home I had a letter from Mr Spencer. In it he aknowled that we have a court date for 31st Jan and that am I sure I want to proceed against Cabot Financial Debt Recoveries Ltd as this is the wrong company. If I intend to continue they will ask for it to be struck out.

 

point 2 was that I would probably need an expert to explain the damages calculation. I am happy for the court to assign damages, they are not the main reason for my claim.

 

point 3 that only the diputed account that has not been settled is in question as the other 3 are settled. So the Data Protection Act breeches don't apply because they have settled? The settled accounts were paid and I have never had it proven that any of the Cabot group had the right to chase these debts so, sorry but I beleive they all stand in my opinion.

 

Its getting interesting now.

 

I checked my credit file and it is still showing that Kingshill are registering my data.

 

I will update my thread later but I think it is good to keep a summary of the facts in this one. TBERN tell me if you would rather I kept it in my thread?

[debt_mountain]

My thinking at the time was that they owned both of the companies doing the damage and that it could help shed some light on the handling of the overall group.

 

Since then it has come to light that Kingshill have no employees (so who would I be taking to court)? even though they do say they own the debt. Also who is the data controller but the nasty calls and letters and were being done by Cabot Fin Europe ltd who should not have received my data.

 

I have m case management meeting at the end of the month and worst case I would just have to resubmit my same paperwork on either Kingshill or CFEG. I will take copies of both POCs ready for submitting while I am at the court.

 

They have also defended the claim and have instructed a solicitor so I would be argueing that they obviously beleive they have some accountability??

 

Any advice would be gratefully received.

[debt_mountain]

Tbern,

 

The wait is rubbish, if like mine, depending on actual case you may get a Case Management conference to help Mr Judge understand a little more before he decides a track. As the case is out of the normal bank charges he may want more info.

 

Did you see my last post in my thread? I am looking for help on what to include in mt CSC bundle. I know I don't need 1 but I want to go prepared and also know what other info I want brought to trial.

 

Can we start a book on whether Cabot/Hodsons turn up for my CSC?

[debt_mountain]

I will try to get the judge to allow us to take a group photo and maybe we could get a Gallery setup on the CAG website?

[debt_mountain]

Have they just handed it back to the original company? Good news and no it doesnt make every ok again. The damage has been done and you are due damages.

 

I checked my file and everything is still the same.

 

Watchdog mmmm wonder if they would like a visit to Morpeth to meet a Cabot rep at a court? Worth thinking about.