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

[tbern123]

Hello Tbern, 1578# has your name on it, didn't know if you'd left it there on purpose or not.

 

Thanks Saxon, lol that wasn't part of the plan...:o

 

Now my secret identiy has been blown, I can take off this glasses and start wearing my pants over my trousers.... Anyone seen my cape ?

[tbern123]

Tbern,

 

Forget admission by Cabot, what moves have you made to ensure that they have a right to your information, and did you provide them with the relevant authority to provide it to a third party?

 

Also, have they got authority to store or process it? If not have they deleted it in its entitery from their systems? And recalled all copies from those they have communicated it to?

 

Tide

 

I started legal proceedings against them back in january. I am just waiting on a court date.

[TideTurner]

With you tbern - same boat here

[tbern123]

Here is the letter from WW, telling me they haven't banked my cheque, contrary to the above statement from my bank

 

 

In response to this, I have just sent the following email to Mr Maynard and Mr Wellinghoff. If they don't reply by Friday, I will call the Police.

 

 

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

To: [email protected]

Cc: [email protected]

Sent: Monday, April 16, 2007 10:02 PM

Subject: Disputed Payment

 

 

 

 

 

 

 

16 April 2007

 

Mr Willem Wellinghoff

Head of Compliance

Cabot Financial (Europe) Ltd

10 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4LT

 

 

Dear Mr Wellinghoff,

Thank you for your letter of 10 April 2007, which I received on Friday 13th April 2007. You state in your letter that Cabot Financial (Europe) Limited is “Cabot” and that Cabot has served its defence. It would appear that you are under the same misunderstanding as your legal representative, Mr Dean Spencer of Hodsons Solicitors.

For the avoidance of doubt, the named defendant is Kings Hill (No.1) Limited (now called Cabot Financial (UK) Limited), not Cabot Financial (Europe) Limited “Cabot”. I am disappointed that despite my previous correspondence Cabot Financial (UK) Limited, have refused my repeated attempts to reach an agreeable settlement, without the need to waste the valuable time of the Court.

I am confused to note, that you maintain that Cabot did not present cheque number 300063 for payment. As I am sure you are aware, I made two separate Subject Access Requests. I wrote to Kings Hill (No.1) Limited and to Cabot Financial (Europe) Limited. Each letter, was accompanied by a cheque for £10.00. cheque 300063 was payable to Kings Hill (No.1) Limited and cheque number 300064 was payable to Cabot Financial (Europe) Limited.

I have taken the liberty of attaching copies of both of these letters stamped by Cabot and a copy of my bank statement. This statement clearly shows that both cheques have been presented for payment. As you have confirmed that the cheque payable to Kings Hill (No.1) Limited has not been presented for payment, can you please be so kind as to simply send this cheque back to me. As you will agree this would resolve my complaint and demonstrate that Cabot did not present it for payment.

I have made a formal complaint to the Information Commissioners Office and to Kent Trading Standards. I have also contacted my bank and instructed them to provide me with a copy of cheque 300063, as soon as possible. If you do not confirm within the next 3 working days that Cabot have presented this cheque for payment, I will be forced to contact the Police, as this would mean the cheque has been presented fraudulently for payment by a 3rd party.

 

Thank you for your time and assistance in relation to this matter.

 

 

Regards

 

 

Mr tbern123

[Guest Battleaxe]

The left hand does not know what the right is doing. Get 'em Tiger, they know not with whom they are dancing.

[tbern123]

Thanks BA, I am going to keep pushing, until something breaks

[Guest Battleaxe]

The stupidty of these organisations beggars belief at times.

[elizabeth1]

Tbern - they sure don't know what they are doing!!!

 

Keep at them till you get what YOU want - these bulies have had their own way for too many years!!

[make them aktiv runners]

edit

[tbern123]

If WW is taking that route, he is playing a dangerous game. Any company presenting that cheque for payment, should have actioned my SAR request. Besides, at that time Kings Hill (No.1) Ltd had already changed it's name to Cabot Financial (UK) Ltd. So the use of the name Cabot, would be correct.

 

Kings Hill (No.1) Ltd at this time was a dormant company. As the cheque was payee only, I would like to know which account this was credited to.

 

It is the implications of them banking this cheque. I will be able to use this, when my claim goes to Court. As they have not provided me with any data, they have committed an offence under the DPA.

 

I have todate, received no letters directly from them.

[tbern123]

Technically old WW might be telling the truth albeit in a very crafty way. He has stated Cabot have not cashed cheque 000063 and you have said that cheque was made payable to Kings Hill. It takes time to close a company down and therefore WW could very easily have paid it into an account for Kings Hill (hence his sentence is right as he is deliberately quoting the wrong company). Can you recall your email and expand the actual clarification of payment to include Kings Hill?

 

 

P.S Kings Hill didn't close down, it only changed it's name

[make them aktiv runners]

edit

[tbern123]

In response to this, I have just sent the following email to Mr Maynard and Mr Wellinghoff. If they don't reply by Friday, I will call the Police.

 

 

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

To: [email protected]

Cc: [email protected]

Sent: Monday, April 16, 2007 10:02 PM

Subject: Disputed Payment

 

 

 

 

 

 

 

16 April 2007

 

Mr Willem Wellinghoff

Head of Compliance

Cabot Financial (Europe) Ltd

10 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4LT

 

 

Dear Mr Wellinghoff,

Thank you for your letter of 10 April 2007, which I received on Friday 13th April 2007. You state in your letter that Cabot Financial (Europe) Limited is “Cabot” and that Cabot has served its defence. It would appear that you are under the same misunderstanding as your legal representative, Mr Dean Spencer of Hodsons Solicitors.

 

For the avoidance of doubt, the named defendant is Kings Hill (No.1) Limited (now called Cabot Financial (UK) Limited), not Cabot Financial (Europe) Limited “Cabot”. I am disappointed that despite my previous correspondence Cabot Financial (UK) Limited, have refused my repeated attempts to reach an agreeable settlement, without the need to waste the valuable time of the Court.

 

I am confused to note, that you maintain that Cabot did not present cheque number 300063 for payment. As I am sure you are aware, I made two separate Subject Access Requests. I wrote to Kings Hill (No.1) Limited and to Cabot Financial (Europe) Limited. Each letter, was accompanied by a cheque for £10.00. cheque 300063 was payable to Kings Hill (No.1) Limited and cheque number 300064 was payable to Cabot Financial (Europe) Limited.

 

I have taken the liberty of attaching copies of both of these letters stamped by Cabot and a copy of my bank statement. This statement clearly shows that both cheques have been presented for payment. As you have confirmed that the cheque payable to Kings Hill (No.1) Limited has not been presented for payment, can you please be so kind as to simply send this cheque back to me. As you will agree this would resolve my complaint and demonstrate that Cabot did not present it for payment.

 

I have made a formal complaint to the Information Commissioners Office and to Kent Trading Standards. I have also contacted my bank and instructed them to provide me with a copy of cheque 300063, as soon as possible. If you do not confirm within the next 3 working days that Cabot have presented this cheque for payment, I will be forced to contact the Police, as this would mean the cheque has been presented fraudulently for payment by a 3rd party.

 

Thank you for your time and assistance in relation to this matter.

 

 

Regards

 

 

 

Mr tbern123

 

In typical Cabot fashion, the have failed to respond. I have a half day on tuesday, so I am going to go down the Police station and report as Cabot have denied they have banked my cheque, it must have been fraudulently presented.

 

I am waiting on a response from the ICO and TS, my bank are also investigating this now. I will send a copy of my records to the judge, to demonstrate the utter contempt shown by Cabot.

[tbern123]

I am sure you will cover everything. The judge will be impressed with what you have collated so far and the fact you are taking on a large (for now) company.

 

I think the judge, will be even more impressed when I show him the letters that have been sent to other people

 

I have a nice little bombshell to drop in court

[ODC]

Tbern you are a legend.

[CabotFG]

sorry

[Seahorse]

CabotFG = ???????

 

Disgruntled Cabot employee??? New member of the club????

 

Do tell all, CabotFG. (And I'm intrigued what the FG stands for).

 

If anonymity is required, PM'ing might be an option?

[Seahorse]

Helloo, mac3511. Don't be shy. Feel free to join the party.

[CabotFG]

sorry

[humbleman]

I am going to go down the Police station and report as Cabot have denied they have banked my cheque, it must have been fraudulently presented.

 

.

 

It may well be that the cheque has been presented but maybe not by Cabot, I'd get a return cheque from your bank and see who really presented the cheque.

[elizabeth1]

I might get shot for saying this.

 

Tbern, as you have been informed by Hodsons that Cabot Financial (UK) Ltd (a.k.a Kings Hill (No.1) Ltd, do not hold any data about you. You should ask them, how they recorded and updated this default on your credit file.

 

 

CabotFG - many of us have raised the very same question and nobody in there seems to understand the question!!!

 

Seems we ask them one question they answer with something totally unrelated.

 

Appears they are above any laws and have no reason to talk to us mere "account holders are we?" - this company can do exactly as they like?

[tbern123]

It may well be that the cheque has been presented but maybe not by Cabot, I'd get a return cheque from your bank and see who really presented the cheque.

 

Thanks Humbleman. I have already requested a copy from my bank, just waiting for it to come through.

 

It was sent via recorded delivery to Cabot. When I was sent my SAR info, they even included a copy of my letter so I know they recieved it. Either they presented it for payment or they did not destroy it properly...

[ODC]

If as seems likely Cabot presented it for payment the cheque would have been credited to their account. So it shouldnt be too difficult to trace when and where it was lodged and by whom. I cant see anyone from Cabot Towers going into a bank and just handing over a cheque for a quid and getting cash for it. A crossed cheque must be paid into a bank account. All you need to know is who's. I suspect you already know as oes everyone else on here. Can Cabot dig the hole much deeper?????

[tbern123]

I'll have you know, it was for a lot more then a quid...

 

It was for a tenner lol:cool:

 

A "friend" has been kind enough to confirm which bank Cabot are with. Can't wait for my apology letter and refund from Cabot

[tbern123]

Anyone watching Civil Action on TV. John Travolta is going after the parent company of some dodgey firm