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

[elizabeth1]

Well, I think I'm just going to have to set the cat amongst the pigeons and get Cabot and Barclaycard to fight it out amongst themselves. When I get home from this trip, I'm just going to write to both of them and tell them if anybody wants any cash, they'll have to convince me who owns what. And if they won't play ball, we'll let a judge decide. And I'll drag both of them into court if I have to, to sort this out once and for all.

 

This has gone on way too long.

 

 

Yep - seems these companies can't get to grips with the simple questions being asked of them can they?

[ODC]

Yep - seems these companies can't get to grips with the simple questions being asked of them can they?

The braincell is probably is use by another DCA so they cannot reply until they have use then they will send another bunch of mailsh*ts out.

[elizabeth1]

The braincell is probably is use by another DCA so they cannot reply until they have use then they will send another bunch of mailsh*ts out.

 

 

I think what we are witnessing here is a lot of companies who are in very deep "doo doo" for one reason or another and they really are floundering in trying to worm their way out of their "wrong doings" ?

 

Seems the huge "silence" is speaking volumes to us?

[ODC]

They have been so used to getting their own way with their telephone bullying for years and their lies and threatening letters. (I was caught by them a few times) but thanks to the Forum and others like it we the rogue debtors are fighting back and making them earn their money by proving

a. They have located the right person

b. The debt actually exists

c. They have a right to collect it

 

Simple things they fail to grasp

[elizabeth1]

They have been so used to getting their own way with their telephone bullying for years and their lies and threatening letters. (I was caught by them a few times) but thanks to the Forum and others like it we the rogue debtors are fighting back and making them earn their money by proving

a. They have located the right person

b. The debt actually exists

c. They have a right to collect it

 

Simple things they fail to grasp

 

I do have to smile - only last week a company who my hubby had SAR'd suddenly decided to send him a huge questionnaire and wanted "proof of ID" as in bills or Passport etc.. (so funny?)

 

Yet they'd spent years harrassing him and writing rubbish data about him and even sold account onto a DCA etc.. - but sudenly felt the need to check they were dealing with correct person - what a joke? The fact that there is no CCA to this account etc.. is another point that we shouldn't mention to this company cause they tell us "we are right - you are wrong" in their reply that the "application form" is an agreement and they don't need anything else!! OK then - so let's see them show the judge this and we shall soon see who is in the wrong.

 

These companies never thought they'd get found out in a million years? BUT - the good news for us people is - Their game is up now

[tbern123]

Couldn't let the weekend go by without sending an email ;-)

 

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

To: [email protected]

Cc: [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected]

Sent: Sunday, May 20, 2007 10:50 PM

Subject: Cabot Financial (UK) Ltd

 

 

 

Mr Dean Spencer

Hodsons Solicitors

Glebe House

2 Clifton Road

Rugby

CV21 3PX

Dear Mr Spencer,

Thank you for both of your letters dated 17th May 2007, I can confirm that these were both received on 19 May 2007. I would also like to thank you for taking the time to respond and for providing me with answers my questions. Sadly, I am confused by the content of your response and I would very much appreciate clarification in relation to the content of your letters. Firstly, I would like to refer you to “Letter One”

'3. Cabot Financial (Europe) Ltd has provided all data processed by it. Cabot Financial (UK) Ltd (formerly Kings Hill (No.1) Limited) is the assignee of the debt and as the purchaser of the debt has a duty to report or continue to report to the CRAs

4. Cabot Financial (UK) Ltd does not process any data relating to customers, only Cabot Financial (Europe) Ltd does so. The latter is the servicing company for the group.'

I am sure you will fully appreciate my confusion. If Cabot Financial (UK) Ltd, does not process any customer data, how can it as the assignee report anything to the CRAs. As Cabot Financial (Europe) Ltd are not the assignee, I trust that they is not reporting or continuing to report to CRAs as no rights have been assigned to them. I am very disappointed with the tactics initiated by Mr Wellinghoff, in relation to cheque 300063. I would have presumed as a qualified professional he would not resort to word games. In his letter of 10th April, Mr Wellinghoff states:

“I would wish to clarify that Cabot has not presented any cheque with reference 300063 for payment on 3 April 2007”

I note that you state in letter one:

Paragraph 6

“This is incorrect. Mr Marsh was informed by Mr Wellinghoff that the cheque was not presented on the date alleged.”

However, Mr Marsh stated in his email (which I can forward to you, if you so wish):

“Apologies for not getting back to you on this point. I have spoken to my contact at Cabot who states that they do not accept the cheque was presented by them.”

I can only assume that there has been a complete breakdown in communication between, Cabot Financial and Kent Trading Standards, however I will revert to Mr Marsh for clarification.

Your letter, has been the first confirmation I have received that cheque 300063 was actually presented for payment by Cabot. I would very much appreciate an explanation as to why this was not previously clarified by Mr Wellinghoff. I have interpreted this as a deliberate attempt to cause delay and confusion.

In letter two, you state:

'Kings Hill (No.1) Ltd changed its name to Cabot Financial (UK) Ltd as you are aware this may account for the apparent confusion in relation to cheque 300063. That cheque was payable to Cabot Financial (UK) Ltd, the cheque was accepted by Cabot Financial (Europe) Ltd as the servicing company on behalf of Cabot Financial (UK) Ltd.'

Contrary, to the information provided by your clients I have attached a copy of cheque 300063 to this email. You will note that the cheque was actually payable to Kings Hill (No.1) Ltd, NOT Cabot Financial (UK) Ltd. If you look carefully on the bank of the cheque, you will note that it has been date stamped by Barclays 30th March 2007, it subsequently debited my account on 3rd April 2007.

Furthermore, as a separate Subject Access Request was made at the same time to Cabot Financial (Europe) Ltd, I have actually been charged twice, by Cabot for one Subject Access Request.

Taking into consideration that a payment had already been made to Cabot Financial (Europe) Ltd and as Cabot Financial (UK) Ltd claim that they don't process any customer data, cheque 300063 should never have been presented for payment. I am also surprised that a cheque crossed account payee only, payable to Kings Hill (No.1) Ltd (now a dormant company) was presented for payment, maybe you could clarify the name of the account that this cheque was credited too.

In summary:

1. If Cabot Financial (UK) Ltd does not process customers data, how as the assignee does it report or continue to report to CRAs?

   
   

2. Why did Mr Wellinghoff not clarify that cheque 300063 had in fact been presented for payment by Cabot?
   
3. Why have I been charged twice for one Subject Access Request?
   
4. What is the name of the account that cheque 300063 was credited too?
   

For the avoidance of doubt, I have made a number of attempts to resolve this matter, which have either been ignored or not clarified by Cabot. As previously advised, unless I am in receipt of a full refund before Thursday 24th May 2007, I will instigate further litigation. I would like to take this opportunity to thank you for your time and assistance in regard to this matter

Regards

Mr tbern123

[Rhia]

:lol: :lol: :lol:

[ODC]

You really love ruining WWs weekends dont you. I bet Monday mornings arent much fun in Crapbot Towers

[tbern123]

So far Dean Spencer has been the only person, to take this seriously and actually bother to provide me with answers to my questions.

 

I don't understand why WW, did not clarify the situation in relation to chq 300063. The two things I hate most, is when people treat me like an idiot or ignore me. Cabot have done both time and time again,

 

Of course, when I get to court I will inform the judge of this farce and their continued attempts to delay and cause confusion:mad:

[andrew1]

 

The two things I hate most, is when people treat me like an idiot

 

 

 

 

AH!, Thats where I've been going wrong :-D

[Jeff2000]

Mr Dean Spencer

Firstly, I would like to refer you to “Letter One”

 

'3. Cabot Financial (UK) Ltd (formerly Kings Hill (No.1) Limited) is the assignee of the debt and as the purchaser of the debt has a duty to report or continue to report to the CRAs

 

 

 

Hi,

 

 

Hold on!!!

 

 

They claim that they only have the rights and no duties!!!

 

 

Jeff.

[Rhia]

This is getting quite ridiculous. But surely DS should advise Cabot on the vaibility of their court cases? I know a solicitor represents its client but there must be a duty of care to advise when they can see they are skating on thin ice.

Or is Hodsons just a litigation factory the legal equivalent of Bernard Matthews and the Cabot claims are nothing more than turkey twizzlers - seemingly tasty on the outside but just rubbishy pap on the inside?

[elizabeth1]

This is getting quite ridiculous. But surely DS should advise Cabot on the vaibility of their court cases? I know a solicitor represents its client but there must be a duty of care to advise when they can see they are skating on thin ice.

Or is Hodsons just a litigation factory the legal equivalent of Bernard Matthews and the Cabot claims are nothing more than turkey twizzlers - seemingly tasty on the outside but just rubbishy pap on the inside?

 

Rhia YES dean does have certain "protocols" to follow regareding these cases/claims and his first duty is "NOT TO WASTE COURTS TIME" regardless of what his clients would like him to do!!!

 

It certainly would be a lttle more professional of him to warn his clients where certain cases/claims ought not to be made on the basis that they are not viable etc.. - but seems these facts are ignored by Dean?

[tbern123]

Quick summary of events.

 

So fair I have:

 

1) Forced Cabot to remove a default from my credit file

2) Forced Cabot to remove a search from my credit file

 

And now I am 3 for 3 :D :D

 

As people will know, Cabot have previously denied cashing my cheque....

 

 

But no more... I received this response from their Solicitors today

 

 

----- Original Message ----- From: email address removed

To: tbern123

Sent: Thursday, May 24, 2007 10:04 AM

Subject: Cabot

 

 

 

Morning Mr tbern123,

 

Hope you are well.

 

I have been out the office for 2 days.

 

I spoke to Willem Wellinghoff about the £10 issue.It appears that you have paid this twice therefore a refund of £10 is being sent to you by Cabot.

 

I have to address the other issues you raised and once I have "sorted myself out" from my 2 days out I will then address the outstanding issues.

 

Regards,

Dean Spencer.

 

So that would be

 

tbern123 3 - 0 Cabot

[ODC]

Could WW be looking for his P45:D

[louiboy]

Hope he’s not on commission only.

[ODC]

Hope he’s not on commission only.

Maybe he will be DEcommisioned

[TideTurner]

TBern,

 

What if you refuse the £10 and informed the ICO that they're charging twice?

 

They have an option for Unfair Bank Claims when you phone them, which leads you to their site (press 1 for this, press 2 for that etc).

 

ICO is online at www.ico.gsi.gov.uk and have set up an online complaints section in response to the volume of claims they are receiving. You can complete the claim online.

 

What about the people who don't have internet access!!

 

Tide

[ODC]

TBern,

 

What if you refuse the £10 and informed the Information Commissioners Office that they're charging twice?

 

They have an option for Unfair Bank Claims when you phone them, which leads you to their site (press 1 for this, press 2 for that etc).

 

Information Commissioners Office is online at www.ico.gsi.gov.uk and have set up an online complaints section in response to the volume of claims they are receiving. You can complete the claim online.

 

What about the people who don't have internet access!!

 

Tide

Of couse they would owe you 8% interest on the £10

[Rhia]

A significant victory Tbern. Keep chipping away.

[elizabeth1]

Quick summary of events.

 

So fair I have:

 

1) Forced Cabot to remove a default from my credit file

2) Forced Cabot to remove a search from my credit file

 

And now I am 3 for 3 :D :D

 

As people will know, Cabot have previously denied cashing my cheque....

 

 

But no more... I received this response from their Solicitors today

 

 

----- Original Message ----- From: email address removed

To: tbern123

Sent: Thursday, May 24, 2007 10:04 AM

Subject: Cabot

 

 

 

Morning Mr tbern123,

 

Hope you are well.

 

I have been out the office for 2 days.

 

I spoke to Willem Wellinghoff about the £10 issue.It appears that you have paid this twice therefore a refund of £10 is being sent to you by Cabot.

 

I have to address the other issues you raised and once I have "sorted myself out" from my 2 days out I will then address the outstanding issues.

 

Regards,

Dean Spencer.

 

So that would be

 

 

tbern123 3 - 0 Cabot

 

Tbern - well done !!

 

Don't you love it when a plan comes together? :lol:

[tbern123]

Thank you, I know it is only £10

But it shows that they do make mistakes and don't bother to actually investigate complaints.

 

Mistakes have been made at Cabot Towers

[debt_mountain]

I think you should ask what compensation they are going to offer as you have spent may hours researching and contacting your bank + the cost to have the copy of the cheque.....at least £99 compensation.

[TideTurner]

I think you should ask what compensation they are going to offer as you have spent may hours researching and contacting your bank + the cost to have the copy of the cheque.....at least £99 compensation.

 

Tbern,

 

What has it ACTUALLY cost you in terms of HOURS, research, searching this site, talking to others, writing letters, making telephone calls, receiving letters? I believe you can claim £9.25 as a layman for this, but it needs to be justified.

 

Tide

[Dean.Spencer]

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