Cabot Financial UK Ltd

[Amethyst]

Re: Cabot Financial UK Ltd

oops, snap with R0b xxx

[Sparkie1723]

Re: Cabot Financial UK Ltd

Marlin Financial Services has changed its name to Cabot Financial (Marlin) Ltd - see companies house number 04618038 29 March 2004 to 18 Feb 2015.

Cabot Financial (Marlin) Ltd are actually registered with the ICO, see attached PDF. Might I ask what the basis of their wrongdoing is?

Sorry if I am sounding thick but I'm not entirely understanding the issue.

It simple Rob ..........Marlin Financial Services LIMITED do not exist and never have done.........the ICO registration section have carried all these check out all the Cabot registrations etc etc and agree that Marlin Financial Services LIMITED have never existed................Grace & George Appeal Court ruling comes into play ........ all the principles of the DPA and the Misrepresentation Act.
"Quote"from the ICO Legal Guidance
A data controller must comply with all relevant rules of law whether derived from statute or common law, relating to the purpose and ways the dat controller processes personal data....................

Sparkie

[R0b]

Re: Cabot Financial UK Ltd

but they did exist..? see attached

[Sparkie1723]

Re: Cabot Financial UK Ltd

oops, snap with R0b xxx

No problem ..........All Marlin entries MUST show as Cabot Financial ( Marlin) Ltd,..... NOT..... Marlin Financial Services LIMITED.
Not just my view but the ICO,s
Sparkie

[Amethyst]

Re: Cabot Financial UK Ltd

Sparks, Marlin Financial Services Limited did exist. The changed their name to Cabot Financial ( Marlin)

[Amethyst]

Re: Cabot Financial UK Ltd

No problem ..........All Marlin entries MUST show as Cabot Financial ( Marlin) Ltd,..... NOT..... Marlin Financial Services LIMITED.
Not just my view but the ICO,s
Sparkie

There will be some changeover period of course. The reporting needs to be accurate so yes as they report entries after the change of name the new name should be entered. But for the ICO - Marlin Financial Services Limited exist and have just changed name to Cabot.... I suspect entries are put on CRA files through company codes and they need updating

[Sparkie1723]

Re: Cabot Financial UK Ltd

but they did exist..? see attached

Hands held high..................I stand corrected on this one Rob ...........BUT as the name has been changed ....they cannot use that name to enter information on a credit file or for anything else.
I really appreciate the info you have come up with so that I make no mistakes in my info to the ICO.
Thanks
Sparkie

[R0b]

Re: Cabot Financial UK Ltd

Sorry I think I've understood you point now, the issue is the name of the company the default is under correct?

Just had a quick scan on Grace v Blackhorse (not clued up on all of the CCA cases) and seems to relate to irredeemably unenforceable agreements, so for temporarily unenforceable ones Briggs LJ indicated thats another issue for another day, but he did agree as regards to other authorities like McGuffick which implies that an entry for default on unenforceable agreements can apply?

I think there would be a causation for the debtor to prove as if it is the same company but merely a change of name the debtor is still in the same position and the only issue is obviously an administrative one whether the ICO would take a point on this I have no idea.

[Sparkie1723]

Re: Cabot Financial UK Ltd

There will be some changeover period of course. The reporting needs to be accurate so yes as they report entries after the change of name the new name should be entered. But for the ICO - Marlin Financial Services Limited exist and have just changed name to Cabot.... I suspect entries are put on CRA files through company codes and they need updating

ICO say they do not exist as far as they are concerned............the entry on the persons credit file was entered in June 2015.............Cabot have no such entry as Marlin Financial Services LIMITED being used as a trading name on their ICO licence.

I'm only really trying to nail Cabot for some wrongdoing to help someone.
Sparkie

[Amethyst]

Re: Cabot Financial UK Ltd



Cabot Credit Management Group Limited
Cabot Financial (Europe) Limited
Cabot Financial (Marlin) Limited
CABOT FINANCIAL (UK) LIMITED

[Sparkie1723]

Re: Cabot Financial UK Ltd

Sorry I think I've understood you point now, the issue is the name of the company the default is under correct?

Just had a quick scan on Grace v Blackhorse (not clued up on all of the CCA cases) and seems to relate to irredeemably unenforceable agreements, so for temporarily unenforceable ones Briggs LJ indicated thats another issue for another day, but he did agree as regards to other authorities like McGuffick which implies that an entry for default on unenforceable agreements can apply?

I think there would be a causation for the debtor to prove as if it is the same company but merely a change of name the debtor is still in the same position and the only issue is obviously an administrative one whether the ICO would take a point on this I have no idea.

Agree with you Rob however the 4th Principle of the DPA remains ......." accuracy " of data /information........ to claim a limited company still exists in its OWN right when it doesn't contravenes the Companies Act and is a Misrepresentation of a Fact.
Sparkie

[Sparkie1723]

Re: Cabot Financial UK Ltd

Cabot Credit Management Group Limited
Cabot Financial (Europe) Limited
Cabot Financial (Marlin) Limited
CABOT FINANCIAL (UK) LIMITED

That's good stuff ...No Marlin Financial Services Limited showing.
On the entry I'm talking about they have changed the original credit card number/ agreement number to their own number and as pt has argued and their ICO registration does not allow Cabot........or Marlin to conduct consumer credit business................they can only buy debts and collect them and collect on behalf of third parties.
I'm getting there I think.

Sparkie

[Amethyst]

Re: Cabot Financial UK Ltd

That ICO entry is the Marlin Financial entry - it's had the name change applied.

[Sparkie1723]

Re: Cabot Financial UK Ltd

That ICO entry is the Marlin Financial entry - it's had the name change applied.

Absolutely........name changed to Cabot in Feb 2015 as you pointed out ............the entry on the persons credit file was entered as Marlin Financial Services LIMITED on 30th JUne 2015 and has been updated as of Day before yesterday as a credit card with Marlin Financial Services LIMITED...........they cannot conduct regulated consumer credit business.
Incorrect entry.
Sparkie

[R0b]

Re: Cabot Financial UK Ltd

So, lets assume you go to court and argue the incorrect entry, the main point of your argument being ... due to the incorrect entry the agreement should not be enforced against the debtor due to a misreprentation, making the agreement voidable at the discretion of the debtor? Debtor wishes the agreement to be unenforceable and void.

Cabot's defence being ... Mr judge, CF Marlin has had a change of name reflected in CH and it is incorrect insofar as the entry on the credit report hasn't been updated to reflect the new name change. We are exempt to have a licence (under debate) as we instruct an authorised firm to exercise our rights of recovering the debt. The debtor still owes the money to the creditor and there would be no difference in the debtors position if the entry of the company name was changed or not. Yes there has technically been a breach of DPA under principle 4 but this is a minor breach to which the ICO has the power correct the matter or in extreme cases fine company if it so wishes. But Mr judge should not make a ruling that agreement is unenforceable. This would be unjust.

Judge orders:

1. entry to be corrected in credit report.
2. Agreement still enforceable
3. nominal damages (maybe if your lucky)

that's how I'd see it panning out but of course judges are wierd and wonderful and the outcome may be different on the day.