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

[andrew1]

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

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

 

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

 

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

 

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

 

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

 

Thanks again and we'll speak again soon.

[andrew1]

 

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

 

 

quote]

 

 

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

 

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

 

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

 

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

 

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

[andrew1]

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

[andrew1]

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

 

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

[andrew1]

that news almost makes my chest bounce up and down

[andrew1]

Yes good luck tbern, be interesting to see if Kingshill can actually write a letter when they have so few staff .

[andrew1]

Forgot to ask my question...

 

Anyway, surely if you have already been defaulted by the original bank or card issuer, then Cabot would be out of order in actually registering a default in the first place???

 

Mike

 

Hi Mike, I get the impression that if ( IF! ) you have a debt which is bought by the DCA and you subsequently make an arrangement to pay the debt off with them but default in your payments they are, I believe, able to register a default. However, Cabot, sorry, Kingshill No1 Ltd buy these debts and register a default almost immediately the transaction goes through with the bank which is why I advocate to anyone who is subject to a debt bought by a DCA to check their credit files. Kingshill No1 Ltd then, without your persmission to process your data, pass all your lovely information over to another Cabot Financial Group Holdings Ltd. Limited Company called cabot Financial (Europe)Ltd who are the dross who do all the writing and chasing and harrassing.

 

Then it's over to tbern to go and sort them out!

[andrew1]

Sounds like they could do with new solicitors!

[andrew1]

Robinson Way are nothing to do with Cabot. I'd suggest you CCA request ( in the templates library) any / all of these DCA's and put them to bed once and for all.

 

Having read this thread you will by now have established that you need to know who owns the debt. Whilst you might have fun with the Data Protection issues, and it does sound fun, why put up with it at all? It is probably crucifying your Credit file too. The DPA issues actually screw them totally to the wall so read on my friend you'll enjoy the ride.

[andrew1]

lol just read my post. think i,ll have to change my name to manwithissues

 

Mileroad, I can empathise with you totally, my business went pearshaped for all sorts of reasons, most of which were not of my own making and for 2-3 years I was extremely angry. Banks turned complete full circles from when I had a £2mill t/o company and debts acrued like everyone else on this forum.

 

One thing I personally would like you to do for the other 100 odd thousand people on here. Turn and use that anger you have into constructive learning of how you can turn the tide on them and get back just some of what they have TAKEN (EDIT) from you.

 

You can't get back family emotions, but you can take back the respect they (EDIT) from you. They (EDIT) my soul, but if you read many of my posts you'll see I am putting it to good use now I've regained it and it's only come from being part time on this forum. The support and knowledge is incredible. Use it my friend and you will become empowered and confident again and not be hiding from companies. You can take them on head-on and have the law on your side which you have. These (EDIT) have begun to respect this forum and are running.

 

You might not see 100,000 people but by god we are here.

[andrew1]

Bloomin eck ! Well done tbern - with you all the way. Let me know the court date will you I might come and give you some support.

[andrew1]

Actually mileroad, I am pleased you still feel that strong, but whilst I don't know what else has got you worried, there's nothing you've told me here that can't be put right. Cabot, for example will not have the necessary paperwork to support your debt, I can almost guarantee it. Send them this letter:CCA Request:

 

 

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,

 

get it sent to a mail address in a P.O.Box or a place you can trust and sit back and watch it become unenforecable. Listen, I went through what you have except I didn't lose my wife and family - but I almost did, I had 2 repossession orders on my house, Direcotrs Personal guarantees on hundreds of thousands £'s worth of debt, credit cards ( 11 ) loans and no income, the tax man heavily after me, personal debts, council tax and on top of that Debt collection agencies giving me hell and a half on the telephone from 8 am until 9pm at night threatening me with bailiffs, heavies - they, for the first time in my life actually made me frightened- that feeling when your inside goes into jelly and your nerves go into freefall. You name it and and on top of all that I sank into a depression so deep I thought I'd die.

 

Then I turned and took them all on, sorted the revenue out faced up to the truth that these DCA's could do what they were doing and using letters from this site stopped them dead. It was the unlawful charges that spirreld the debt out of control and even those I am getting them back. I took on the whole bl***dy lot and I am back there making good money and frightened of no one.

 

Don't ever be on the run - stand up to each one in turn and wipe them off the face of the earth with what they choose to ignore - the law.

[andrew1]

Take a look at this article, Do you think he maybe referring to www.consumeractiongroup.co.uk at the end ????

 

http://www.cabotfinancial.com/pdf/Increased%20Scrutiny%20of%20The%20Debt%20Sale%20Industry.pdf

 

 

My god isn't it going to be good when we see this dumpy little MD eating his words

[andrew1]

lol, very true

 

My next question is going to be, as Cabot do not consider themselves to the creditor under the CCA 1974, why are they registering defaults on credit files.

 

Either your not or you are creditor....

 

Can't have your cake and eat it Mr Maynard !!!!

 

Don't suppose I need to remind you tbern, it's Kingshill No1 Ltd who buy the debt AND register the default - not 'Cabot' in name

[andrew1]

Hey, it's gone 1 o clock - why aren't all we caboteers in bed !

[andrew1]

eevnin all ! Interesting developments caboteers.Well done. Takes me to a post earlier in this or another Cabot thread at the time when I was speaking to the Credit referencing agencies.

 

I'll check it out tomorrow, but Either Experian said Kingshill was their client and never heard of Cabot or it was Equifax, I think I made note, but both contracticted one another. That might just bear out what you've said Rhia and CAbot actually are registering defaults too.

 

Messege to uncle Ken: when you're in a hole trying to get out - stop digging :D

[andrew1]

Hi DebtMountain - holidays? lucky B

 

Tell me, what made you go for Cabot Financial Debt Recovery services Ltd? I know they own the full shares in both Cabot Financial Europe Ltd and Kingshill No1 Limited - but why go for them?

 

PM me if you prefer.

[andrew1]

Feel free to post away here.... There is nothing more I can say until I get a response from Kings Hill or Hodsons... I guess I have to be patient... Would love to see their faces when they read my letters...

 

I sent one to Mr Maynard at 10 Kings Hill Avenue, I was half tempted to send it to his home address, but I thought that might be going to far....

 

I kindly informed Mr Maynard of my response to their defence and I enclosed a copy of it and highlighted all the spelling mistakes, to show him how professional Hodsons are...

 

 

Take a look at your sig tbern..... 'rember ' wouldn't want himself to call you unprofessional now would we when he's reading your letter and looking at your posting here in his spare time!

[andrew1]

:o Ain't nut'in profesional about me.... lol

 

It's professional - ss ! anyway by the time you've finished with Messrs Maynard & co you'll have enough to turn pro I reckon tbern

[andrew1]

tbern, you gotta stop doing this - you know you're gonna upset Mr Maynards weekend

 

Just a couple of points off the top of my head now - nothing legal, but I've been reading the threads re supply of CCA material and unsigned docs.

 

I believe you don't have to have a signed agreement to chase for the debt but you do need one to take it to court - same thing really, but under the CCa they don't have to supply it signed - as far as I am aware. But if they've got a signed one for Mr Judge and his chambers, then they ought to supply one under the CCA - makes sense.

 

Secondly quote from your letter

 

"As I am sure you ( your ) well kept and maintained records " only small but want to get it perfect for himself !

 

Well done matey .

[andrew1]

Lets hope the IC will slim them down a bit and their profits - course, tbern should be taking a big slice of it too eh tbern ( Mr )

[andrew1]

lol Thank you kind LADY !!

 

I have been thinking about this situation today.. If the Information Commissioners Office do confirm that King Hill shouldn't be sharing personal data with Cabot..

 

As Kings Hill (No.1) is a limited coming, to avoid any claims, would they just close Kings Hill (No.1) and start using Kings Hill (No.2) or (No.3) or even (no.4) ?

 

I know that legally, the individual person who is the data controller is responsible.. Wouldn't want to be them

 

 

In theory, yes - but in reality I think Messrs Maynard, Crawford & co are a little more clever than we joke about and that would be the last thing on their mind. Don't hold your breath on that one.. too entwined with clients for one as Kingshill No1 ...but ..never say never!

[andrew1]

Sad thing about Watchdog is the plonkers they've got presenting it - how can anyone take that lot seriously? Reminds me of the days Esther Rantzen and Cyril Fletcher did much the same... We can only hope they know what they are doing on the night.

[andrew1]

Nothing to sue our Ken For tbern?

[andrew1]

lol, you would think so wouldn't you...

 

But, I am not going to let it go, the damage has already been done..... I have been going through their letters and they placed that default in their name in 2004....

 

I know I have beaten them on two of the alleged debts now, but I am not going to let them off...

 

Also, there's an admission of guilt here and running because if they have removed it they wouldn't do it if you just 'asked' them - they have done it because they know they are in deep **** and have tried to correct it before they are taken into the court to expalin it.. I'd say its 40 love to you tbern and you're serving for the match!