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

[andrew1]

No, hang on here. This document is originated from RBS or the original creditor

 

Kingshill No1 Ltd buy the debt, only they could be included in this statement, Nobody gave Kingshill No1 Ltd the right to transfer data TO ANYONE. not even to their sister - Cabot Financial (Europe )Ltd

 

There has been some recent postings suggesting Cabot Financial xxxxx? have bought the debts in which case it would be that company and not Kingshill. but for all the older accounts you can guarantee it is Kingshill No1 Ltd.

[andrew1]

... but could they still argue that these other companies are providing a debt collection service... in the bullet point (3) above ?

 

Yes, but we are talking about the original creditor RBS and the debt being sold to one company -kingshill no1 ltd. They can only sell it to one company and pass your data on to one. Cabot Financial (Europe)Ltd are, if you think about it the 'third' party once removed and Kingshill No1 Ltd have no right to pass it onto anyone without Your permission.

[andrew1]

lol, this is what Kings Hill must have assumed. BUT and boy this is a BIG BUT. According to the Information Commissioners Office, BEFORE your personal data is processed, by a new company you should be sent a fair processing notice,. Now.... Kings Hill have never sent anything to anyone

 

They wouldn't know what one was!

[andrew1]

I know, we all knew this already, but it is nice to get official confirmation. Now this is where things can get really fun.

 

Cabot Financial (Europe) Ltd, is a client of the CRA's and Cabot Financial (Europe) Ltd have been registering defaults on behalf of and in the name of Kings Hill (No.1) Ltd

 

Can't wait to see Kings Hill headed paper.....

 

tbern, just remember something I posted a while back. When I telephoned Experian & Equifax, both had different clients one said Cabot the other Kingshill ( can't remember which ones though now - it's the grey matter failing me!) you might like to try them for yourself.

 

From the jist of their letter to you, it appears that they are assuming Kingshill gave you the credit in the first place and passed your data to Cabot which is not the point here. Make sure you clarify who gave the credit in the first place, who Kingshill are and who Cabot are.....(as if I need to tell you) sorry I don't mean to be patronising - you know more than most on here

[andrew1]

Cabot have no right to take money off you at all. Kingshill maybe but not Cabot.

[andrew1]

Ok sent this to the Information Commissioners Office last night:

 

Dear Mr Information Commissioners Office

 

Thank you for taking the time to respond to my query. Would it be possible for me to ask for further clarification.

 

I appreciate that Kings Hill, purchased the debt and as per the terms of the original agreement, may have my authority to process my data. However, they are still the legal owner of the debt. Taking this into consideration, are they allowed under the Data Protection Act, to disclose my personal data to Cabot and for Cabot to then start processing my personal data.

 

Regards

 

tbern123

 

I thought that this was a straight forward question..

 

Nope, I was wrong... Or are they hinting at something and just not saying it ?

 

26th January 2007

 

 

Case Reference Number ENQ0140575

 

 

Dear Mr tbern123

 

Thank you for your follow-up E mail which I received yesterday.

 

From the information provided, it is not clear whether Kingshill are still the legal owners of the alleged debt, it depends what they have done with it. If, for example, they have sold the debt in its entirety to Cabot, then Cabot will become the legal owners of the debt and have a basis for processing your personal data.

 

As they haven't sold the debt to Cabot, does this mean they shouldn't be processing my data ?

 

In general terms, if an individual owes money there must be an expectation that debt administration agencies may become involved. If a debt is sold on, then clearly the third party organisation which purchases the debt needs personal data about the individual concerned in order to pursue the matter further.

 

I would suggest you need to contact both Kingshill and Cabot to establish the current situation. You should ask them to clarify who is currently dealing with the alleged debt and try to bring the matter to a satisfactory conclusion.

 

Yours sincerely

 

Gary Jones

Casework & Advice Officer

I am going to email back in very simple terms ask for a yes / no

 

This is truely amazing tbern, They really do not seem to have a grasp at all of what has happened to your debt.

 

When the debt was originally sold to Kingshill No1 Ltd does the permission to process your data, without your permission ( Kingshill should have asked your permission in the first place) pass over to them from the original creditor and allow them to pass it to any old A.N.OTHER ?

 

Apart from seemingly trying to give you a lecture on the fact that if you owe money you have to expect a lump of clunkheads like Cabot to be after you ( how dare they suggest it) they do not seem to want to give any clear answer. Court my friend - let the man in the wig sort it !

[andrew1]

Tifo. The Information Commissioner HAS to investigate and come back to you with their findings. If they uphold your complaint you can then pursue through the courts for compensation.

It really is high time something was done with these CRAs registering defaults and other incorrect information. Some are pursuing elsewhere on this board. have enough to do at the moemnet but that's my move after sorting these DCAs.

 

Where does it actually say they HAVE to Rhia. I agree with you this is nothing short of disgraceful reading this and other threads ( I'm accumilating !) They seem like my good ole grandpappy - totally toothless!

[andrew1]

Thanks Rhia,I gather compensation ( and this is what I am working on although it's a headache to go back through) is if the defaults issued caused you to pay a higher interest rate for another product. My son had one with Hutchinson 3G - a crazy situation, never had credit in his life, good job etc, phone didn't & work left it they racked up outstanding charges which he paid but they stuck a default on without his knowledge. 2 yrs later when he applied for his first mortgage Nationwide turned him down because of it. HSBC offered him one but it cost him £1500 over 3 yrs more than N'Wide so I am going after Hutchinson for it. That's the kind of example the court would want to see.

 

tbern generally uses emails I believe ( he doesn't like hanging about ) but as you say, you have to make everything crystal clear. Don't you just love this? Cabots in for a nasty surprise and I really hope it cleans their act up for all our sakes.

[andrew1]

Yes, i agree with you. Even though i have other defaults for debts, having 4 defaults for 1 account made it seem i had 4 defaults for 4 accounts to any potential lender, and i am sure i am entitled to compensation.

 

I am paying full rate at my bank for my mortgage, currently 6.75% i think ...

 

I have done a letter i am sending to Lowell, have a look here on my thread and let me know what you think? http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/61207-lowell-group-2-defaults.html

 

I will also chase Cabot soon so this thread is interesting for me.

 

Actually, what would be a good exercise is to ask the lender what effect your credit had on your interest rate when you applied for the loan, they must have their credit scoring attached to your files. That way you can calculate it. I have a loan at present and the broker is going back to find out for me. I'll take a look at your thread later if you don't mind - my other half said I must get on with my proper job!

[andrew1]

This will give you a nice warm feeling.

Buggins the cat has been in the office for a nice sleep etc and as he sneaks out I detect a dreadful pong coming from some files laying on the floor at the side of the desk.

Lo and behold the delightful chap has paid the King's Hill mob the ultimate tribute and pooped on one of them and joy of joys it's the Cabot file.

Think the old boy has said it all on our behalf. Here's to Buggins the cat!

 

Square on our Ken's head !! Best treatment - good ole Buggins thank him very much ! :D

[andrew1]

31st of August is probably when Cabot would like it as the date doesn't even exist.... :D

 

Just like the staff at Kingshill

[andrew1]

Ah, that's a bit too far away for me but good luck anyway. I'd actually love to see how this company behave in court.

 

No you wouldn't Seminole - you know you'd end up in convulsions

[andrew1]

You guys are just wild. :D

 

You ain't seen nuthing yet :D

[andrew1]

OH MY LIFE!

 

I joined up to CAG today as I was interested in having a looksie if it was genuine....I had a look at this posting and crikey...you guys and gals are serious!!!!

 

Fantastic work peoples...I wish I knew about you when I had A+L to contend with.

 

I was sat here smiling like a cheshire cat at the letters you'd sent...keep up the great work!

 

Why thank you and welcome to the forum, we lookforward to your input...

[andrew1]

Same thing tbern, I'm not so brave as to put them up on line though yet

Wrote to Kingshill got posh new paper from Cabot Financial Europe Ltd ( not a naff photocopy this time) but covered in the usual drivvel... oh how I'm going to love responding

[andrew1]

I sent an S.A.R - (Subject Access Request) to both cabot and kingshill. Got a reply today on the same lovely new cabot paper saying, thanks for the request (cabot) but as you had both joint accounts and single accounts with us we need a £10 from each of you.

 

Just chequed my bank and both the Kingshill and Cabot cheques have been cashed.

 

DM - if you issued cheques to both, why don't you ask you bank for the cheques back and you can see who banked them - that would be interesting.

[andrew1]

Hey,? Isn't it against the DCA rules to use a premium rate telephone number to get we poor debtors to call on?

[andrew1]

Thats why I pointed it out, is it that Cabot are starting to read these guidelines and actually comply with them? or is it just because these letters are from customer Services and they have a direct dial?

 

the last automated letter I got from Peter Anderson had 0845 07000 116 is that not just a national rate standard cost number?

 

sometimes they also quote an 0800 328 9911

 

Does anyone have a customer services email address for them? I know we can get Kens address from Tbern but I want a general email?

 

ta

 

Email: [email protected]

[andrew1]

You're a man after my own heart tbern - man after my own heart & tireless to the end.

[andrew1]

I am about to send the £400 request (Financial Ombudsman Service ) about cabot. Wonder if they also get £400 if I send a similar letter about Kingshill & Cabot Financial Debt Recovery Services * Cabot Group ......how many Cabots off springs can we link in) this could soon add up.

 

thats about 15 times £400 thats around £6000 per person times how many people on here? 100,000? Cabot profits? - what profits?

[andrew1]

Tamadus we always welcome people of energy, talent, intelligence and with a GSOH to the Cabot Fan Club. Please hop on board with your broadside ready to fire.

 

They let me in Tamadus!

[andrew1]

All letters to Kingshill No1 Ltd are being answered by Cabot Financial (Europe) Ltd. All reference to who bought the debt is referred to as Cabot Financial and all communications one makes to any of the companies are referred to as Cabot Financial or Cabot Financial Group - talk about confusing and ALL of these are seperate Limited companies all within the group.

 

My distinction, and we must not forget : as I have said before is that if one supplied goods or a service to any one of these companies and that one went bust NONE of the others would pay you out - so how can they go on implying it the other way around.

 

They are getting the messege slowly as we detect things changing slightly but they have a long long way to go to get their act together.

 

ACT - the way they perform

ACT - the things they ignore

ACT - about time they changed it and became professional and knew what they were doing.

[andrew1]

Debt Mountain, tbern et al, there's something extremely fishy going on here and the penny, although I hate to admit not noticing before, has just dropped. DM you just prompted me to look again at Kingshill No1 following your post above as I was sure they were a trading company. Not a bit of it, you are right, they are dormant BUT..... do you know Kingshill No1 Limited were the previous trading name of Cabot Financial (UK)Limited and for some reason they have swopped the names over on 15/01/2007 ?

 

Cabot Financial (UK)Ltd were the company that would have been buying all these debts under their previous name of Kingshill (No1)Limited so would have been trading at the time under Company Nos 03757424 and Kingshill (No1) Ltd is now a Dormant company No 03514391 they just swopped names over - WHY?

 

This might also explain why people are saying it's not Kingshill putting the defaults on anymore. Beggars belief doesn't it?

 

 

Bear this in mind Debt Mountain when putting your case together, because it'll come back and bite you in the mub !

[andrew1]

Hold on folks !

 

What has happened is that the NAMES have changed - NOT the company numbers so they have not changed the Limited company and not failed to inform you because it is the same vehicle just a different paint job. They have just swopped the names around and that is perfectly legal - it's just a very strange thing to do unless they are trying to capitalise on the CABOT name throughout all their trading companies since the takeover last year.

 

The vehicle that bought the debts and registered the defaults is still company No: 03757424 - that's the company that USED to be called Kingshill No1 Ltd but is now called Cabot Financial(UK)Ltd.

 

The reason Kingshill No 1 Ltd is showing as dormant is because the company that USED to be called Cabot Financial (UK)Ltd - Co. 03514391 WAS dormant but they swopped the name to Kingshill(No1)Ltd on a same day transaction.

 

It's confusing I know and the logic questionable other than I've said before regarding uniformity of trading companies.

 

It's my concern that if you are taking Cabot to court or pressing charges regarding data processing, you will come unstuck on this part unless you understand what they have done and when - it was 15th January 2007.

 

Edit:

 

I also believe Cabot Financial (Europe) Ltd is being used as their ' management' company a bit like a bank using a DCA. Cabot Financial(UK)Ltd own the debt and use Cabot Financial(Europe)Ltd as their dca. I'm not too sure of the legalities of the passing of the data because once the debt was sold by the banks contractual changes take place I am not too sure about, but it is covered in other threads. This is my opinion of what's happening for what its' worth. Tread carefully - know what you are doing.

[andrew1]

Sorry I am at work... I can only use my pocket pc to view CAG.Anyway, I think they have done this for us.... Now the can use Cabot Financial headed paper for both companies... Can someone check with the Information Commissioners Office to see if it has changed with them... This getting interesting and shows that we have been right all along... Well done everyone, you have done yourselves proud.... I'll have a proper look into this when I get home tonight

 

Maybe tbern, (glad to see someone has a job!) the headed paper carries the full company titles though on the bottom of each page. It explains why when I wrote to Kingshill though Cabot F(E) Ltd replied.